HomeMy WebLinkAbout_ Contract - Waste Management (formerly USA Waste of California, LLC) - 202503FRANCHISE AGREEMENT FOR SOLID WASTE SERVICES
Between the City of Diamond Bar
and
Waste Management Collection and Recycling, Inc.
This 4th day of February 2025
Docusign Envelope ID: 664FE19A-5E9C-4DCA-AEE6-42577002FAE2
Diamond Bar – WM i Franchise Agreement for Solid Waste Services
TABLE OF CONTENTS
RECITALS ................................................................................................................................................................... 7
ARTICLE 1: DEFINITIONS .......................................................................................................................................... 10
ARTICLE 2: GRANT AND ACCEPTANCE OF FRANCHISE ............................................................................................. 24
2.1 GRANT AND ACCEPTANCE OF FRANCHISE, INDEMNITY OF AWARD .............................................................. 24
2.2 EXCLUSIVE NATURE OF FRANCHISE ............................................................................................................... 25
2.3 EFFECTIVE DATE ............................................................................................................................................ 25
2.4 TERM OF AGREEMENT................................................................................................................................... 25
2.5 CITY’S OPTION TO EXTEND TERM .................................................................................................................. 25
2.6 REPRESENTATIONS AND WARRANTIES OF CONTRACTOR ............................................................................. 25
2.7 CONDITIONS TO EFFECTIVENESS OF AGREEMENT ........................................................................................ 27
2.8 DELEGATION OF AUTHORITY ......................................................................................................................... 27
2.9 LIMITATIONS TO THE SCOPE .......................................................................................................................... 27
2.10 CITY’S RIGHT TO DIRECT CHANGES ................................................................................................................ 29
2.10.1 General ................................................................................................................................................. 29
2.10.2 New Diversion Programs ...................................................................................................................... 29
2.10.3 City’s Right To Acquire Services ............................................................................................................ 30
2.11 OWNERSHIP OF SOLID WASTE AND CITY’S RIGHT TO DIRECT SOLID WASTE ................................................... 30
2.12 CONTRACTOR’S CORPORATE STATUS ........................................................................................................... 31
2.13 CONTRACTOR CORPORATE AUTHORIZATION ............................................................................................... 31
2.14 ANNEXATIONS ............................................................................................................................................... 31
2.15 PERMITS AND LICENSES ................................................................................................................................. 31
ARTICLE 3: SCOPE OF COLLECTION SERVICES .......................................................................................................... 32
3.1 SERVICES TO BE PROVIDED – GENERAL ......................................................................................................... 32
3.2 RESERVED ...................................................................................................................................................... 32
3.3 COMMERCIAL AND MULTI-FAMILY COLLECTION SERVICES .......................................................................... 32
3.3.1 CONTAINER Sizes .................................................................................................................................. 32
3.3.2 Commercial And Multi-Family Premises Cart Service ........................................................................... 33
3.3.3 Container Color ..................................................................................................................................... 33
3.3.4 Reserved ............................................................................................................................................... 33
3.3.5 Reserved ............................................................................................................................................... 33
3.3.6 Scout Service ......................................................................................................................................... 33
3.3.7 Bin Pushout Service .............................................................................................................................. 33
3.3.8 Locking Bins .......................................................................................................................................... 34
3.3.9 Redelivery/Return Trip Fee ................................................................................................................... 34
3.3.10 Contamination Warning Notices .......................................................................................................... 34
3.4 ROLL-OFF BOX SERVICE ................................................................................................................................. 35
3.5 TEMPORARY BIN SERVICE .............................................................................................................................. 35
3.6 ON-CALL BULKY ITEM PICKUP ........................................................................................................................ 35
3.7 CITY SERVICES ................................................................................................................................................ 36
3.7.1 City Facilities ......................................................................................................................................... 36
3.7.2 City-Sponsored Events .......................................................................................................................... 36
3.7.3 Emergency Collection And DIsposal Service ......................................................................................... 37
3.7.4 Abandoned Item Collection From City Right-of-Way Public Property .................................................. 37
3.7.5 Community Development Review Services ........................................................................................... 37
Docusign Envelope ID: 664FE19A-5E9C-4DCA-AEE6-42577002FAE2
Diamond Bar – WM ii Franchise Agreement for Solid Waste Services
3.7.6 Large Venue Event Assistance .............................................................................................................. 37
3.7.7 Confiscation Of Unauthorized Containers ............................................................................................ 38
3.7.8 Provision of Storage Containers ........................................................................................................... 38
4.1 OPERATIONS ................................................................................................................................................. 38
4.1.1 Schedules .............................................................................................................................................. 38
4.1.2 Missed Pickups ..................................................................................................................................... 39
4.1.3 Holiday Collection Schedule .................................................................................................................. 39
4.1.4 Change In Collection Schedule .............................................................................................................. 39
4.1.5 DEDICATED Routes ............................................................................................................................... 40
4.1.6 Overflowing Containers ........................................................................................................................ 40
4.1.7 Graffiti Removal ................................................................................................................................... 40
4.1.8 Litter Abatement .................................................................................................................................. 40
4.1.9 Health And Safety Training ................................................................................................................... 41
4.1.10 Unauthorized Material Removal .......................................................................................................... 41
4.1.11 Report Of Accumulation Of Solid Waste; unauthorized Dumping ........................................................ 41
4.1.12 Route Audit ........................................................................................................................................... 42
4.1.13 Service Exceptions; Excluded Waste Notifications ................................................................................ 43
4.1.14 Collection of Former Contractor’s Containers ...................................................................................... 43
4.2 VEHICLE REQUIREMENTS .............................................................................................................................. 44
4.2.1 General ................................................................................................................................................. 44
4.2.2 Vehicle Specifications ........................................................................................................................... 44
4.2.3 Vehicle Identification ............................................................................................................................ 45
4.2.4 Cleaning And Maintenance .................................................................................................................. 45
4.2.5 Vehicle Operations................................................................................................................................ 46
4.2.6 City Inspection Per Code ....................................................................................................................... 46
4.2.7 Vehicle Inspections ............................................................................................................................... 47
4.2.8 Correction Of Defects ........................................................................................................................... 47
4.2.9 City Informational Displays ................................................................................................................... 47
4.2.10 Vehicle And Equipment Inventory ........................................................................................................ 47
4.3 CONTAINER REQUIREMENTS......................................................................................................................... 47
4.3.1 Cart Requirements ................................................................................................................................ 47
4.3.2 Bin Requirements.................................................................................................................................. 51
4.3.3 Roll-Off Box Requirements .................................................................................................................... 51
4.4 PERSONNEL ................................................................................................................................................... 52
4.4.1 Qualified Personnel .............................................................................................................................. 52
4.4.2 Identification Required ......................................................................................................................... 52
4.4.3 Hazardous Material Employee Training ............................................................................................... 52
4.4.4 Fees And Gratuities ............................................................................................................................... 52
4.4.5 Non-Discrimination ............................................................................................................................... 52
4.4.6 Hiring of Displaced Employees ............................................................................................................. 52
4.4.7 City Liaison ............................................................................................................................................ 53
4.4.8 Service Liaison ...................................................................................................................................... 53
4.4.9 Environmental Coordinator .................................................................................................................... 53
4.4.10 City’s Right to Approve City and Service Liaison ....................................................................................... 53
ARTICLE 5: PROCESSING AND DISPOSAL REQUIREMENTS ....................................................................................... 54
5.1 TRANSPORTATION OF DISCARDED MATERIALS ............................................................................................. 54
5.2 DIVERSION AND PROCESSING REQUIREMENTS ............................................................................................. 54
5.2.1 Processing Of Recyclables And Organics .............................................................................................. 54
Docusign Envelope ID: 664FE19A-5E9C-4DCA-AEE6-42577002FAE2
Diamond Bar – WM iii Franchise Agreement for Solid Waste Services
5.2.2 End Uses For Organics .......................................................................................................................... 54
5.2.3 Bulky Item Diversion ............................................................................................................................. 55
5.2.4 Construction And Demolition Debris Diversion ..................................................................................... 55
5.2.5 Diversion of Electronic, Universal and Other Special Waste ................................................................. 55
5.3 MARKETING AND SALE OF RECYCLABLES ...................................................................................................... 55
5.4 USE OF DESIGNATED FACILITIES .................................................................................................................... 56
5.5 USE OF CONTRACTOR-OWNED APPROVED FACILITIES .................................................................................. 56
5.6 SOLID WASTE CAPACITY GUARANTEE ........................................................................................................... 56
ARTICLE 6: OTHER SERVICES ................................................................................................................................... 57
6.1 BILLING AND CONTRACTOR COMPENSATION ............................................................................................... 57
6.1.1 Reserved ............................................................................................................................................... 57
6.1.2 Commercial Cart and Bin Service .......................................................................................................... 57
6.1.3 Reserved ............................................................................................................................................... 57
6.1.4 Reserved ............................................................................................................................................... 57
6.1.5 Form of Payment for roll-off or temporary bin service ......................................................................... 57
6.1.6 Temporary Bin and Roll-Off Box Service ............................................................................................... 57
6.1.7 Automated Billing Payment .................................................................................................................. 58
6.1.8 Bill Payment by Phone .......................................................................................................................... 58
6.1.9 Review of Billings .................................................................................................................................. 58
6.1.10 Suspension Of Service Due To Non-Payment ........................................................................................ 58
6.1.11 Debt Collection ..................................................................................................................................... 59
6.1.12 Continued Provision Of Service ............................................................................................................. 59
6.1.13 No Marketing ....................................................................................................................................... 59
6.2 CUSTOMER SERVICE ...................................................................................................................................... 59
6.2.1 Local Office ........................................................................................................................................... 59
6.2.2 Customer Service Portal........................................................................................................................ 59
6.2.3 Customer Complaints, Inquiries And Service Requests ......................................................................... 60
6.2.4 Customer Service Standards ................................................................................................................. 60
6.2.5 Resolution Of Customer Complaints ..................................................................................................... 61
6.2.6 Emergency Contacts ............................................................................................................................. 61
6.2.7 Multi-lingual, TDD Services ................................................................................................................... 61
6.3 CUSTOMER OUTREACH AND EDUCATION ..................................................................................................... 62
6.3.1 On-Going Education Requirements ...................................................................................................... 62
6.3.2 Reserved ............................................................................................................................................... 64
6.4 AB 341, AB 1826, AND SB 1383 COMPLIANCE ............................................................................................... 64
6.4.1 Enrollment Of Non-Compliant Customers ............................................................................................ 65
6.4.2 On-Going On-Site Training.................................................................................................................... 66
6.4.3 SB 1383 Dashboard .............................................................................................................................. 66
6.4.4 Route Reviews ...................................................................................................................................... 66
6.4.5 Waste Stream Audits ............................................................................................................................ 67
6.4.6 Exemption/Waiver Assistance .............................................................................................................. 67
6.4.7 Edible Food Recovery ............................................................................................................................ 67
6.4.8 Procurement of Recovered OrganicS Waste Products .......................................................................... 67
6.4.9 Education & Outreach for AB 341, AB 1826, And SB 1383 DIVERSION................................................. 68
ARTICLE 7: FRANCHISE FEE, CALRECYCLE COMPLIANCE FEE, VEHICLE IMPACT FEE, AND OTHER FEES ..................... 69
7.1 FRANCHISE FEE .............................................................................................................................................. 69
7.2 CALRECYCLE COMPLIANCE FEE ...................................................................................................................... 69
Docusign Envelope ID: 664FE19A-5E9C-4DCA-AEE6-42577002FAE2
Diamond Bar – WM iv Franchise Agreement for Solid Waste Services
7.3 RESERVED ...................................................................................................................................................... 70
7.4 RESERVED ...................................................................................................................................................... 70
7.5 CONTRACTING FEE ........................................................................................................................................ 70
7.6 TIME AND METHOD OF FEE PAYMENTS TO THE CITY .................................................................................... 70
ARTICLE 8: RECORDS, REPORTS AND INFORMATION REQUESTS ............................................................................. 70
8.1 GENERAL ....................................................................................................................................................... 70
8.2 RECORDS ....................................................................................................................................................... 71
8.2.1 General ................................................................................................................................................. 71
8.2.2 Financial Records .................................................................................................................................. 71
8.2.3 Solid Waste Records ............................................................................................................................. 72
8.2.4 CERCLA Defense Records ...................................................................................................................... 73
8.2.5 Other Programs’ Records...................................................................................................................... 73
8.2.6 Audit ..................................................................................................................................................... 73
8.2.7 Payments And Refunds ......................................................................................................................... 74
8.3 REPORTS ........................................................................................................................................................ 74
8.3.1 Monthly Reports ................................................................................................................................... 75
8.3.2 Annual Reports ..................................................................................................................................... 76
8.3.4 Financial Reports .................................................................................................................................. 77
8.4 REPORTING ADVERSE INFORMATION ........................................................................................................... 77
8.5 RIGHT TO INSPECT RECORDS ......................................................................................................................... 78
8.6 FAILURE TO REPORT ...................................................................................................................................... 78
ARTICLE 9: REVIEW OF SERVICES AND PERFORMANCE ........................................................................................... 78
9.1 PERFORMANCE REVIEW MEETING ................................................................................................................ 78
9.2 PERFORMANCE SATISFACTION SURVEY ........................................................................................................ 79
ARTICLE 10: CONTRACTOR COMPENSATION AND MAXIMUM SERVICE RATES ........................................................ 80
10.1 CONTRACTOR COMPENSATION .................................................................................................................... 80
10.2 INITIAL RATES ................................................................................................................................................ 80
10.3 SCHEDULE OF FUTURE ANNUAL RATE ADJUSTMENTS .................................................................................. 80
10.4 METHOD OF ADJUSTMENTS .......................................................................................................................... 81
10.5 EXTRAORDINARY RATE ADJUSTMENTS ......................................................................................................... 81
ARTICLE 11: INDEMNIFICATION, INSURANCE AND PERFORMANCE BOND .............................................................. 82
11.1 INDEMNIFICATION OF THE CITY .................................................................................................................... 82
11.1.1 General ................................................................................................................................................. 82
11.1.2 Hazardous Material Indemnification .................................................................................................... 83
11.1.3 AB 939 Indemnification and Guarantee ............................................................................................... 84
11.1.4 CALRECYCLE Indemnification ................................................................................................................ 85
11.1.5 ELECTRONIC INFORMATION INDEMNIFICATION .................................................................................. 85
11.1.6 CALPERS ELIGIBILITY INDEMNIFICATION .............................................................................................. 86
11.2 EVALUATION OF LIABILITY ............................................................................................................................. 86
11.3 SEPARATE COUNSEL ...................................................................................................................................... 86
11.4 CONSIDERATION ........................................................................................................................................... 87
11.5 OBLIGATION .................................................................................................................................................. 87
11.6 COLLECTION SERVICES SUBCONTRACTORS ................................................................................................... 87
11.7 SURVIVAL ...................................................................................................................................................... 87
11.8 INSURANCE ................................................................................................................................................... 87
Docusign Envelope ID: 664FE19A-5E9C-4DCA-AEE6-42577002FAE2
Diamond Bar – WM v Franchise Agreement for Solid Waste Services
11.9 FAITHFUL PERFORMANCE BOND ................................................................................................................... 91
11.10 FAITHFUL PERFORMANCE LETTER OF CREDIT ............................................................................................... 91
11.11 FORFEITURE OF PERFORMANCE BOND ......................................................................................................... 92
11.12 FORFEITURE OF LETTER OF CREDIT ................................................................................................................ 92
11.13 PERFORMANCE SECURITY BEYOND SERVICE TERM ....................................................................................... 93
ARTICLE 12: CITY’S RIGHT TO CONTRACT WITH THIRD PARTIES TO PERFORM FRANCHISE SERVICES ...................... 93
12.1 GENERAL ....................................................................................................................................................... 93
12.2 TEMPORARY POSSESSION OF CONTRACTOR’S PROPERTY ............................................................................ 94
12.3 BILLING AND COMPENSATION TO CITY DURING CITY’S POSSESSION ............................................................ 94
12.4 CITY’S RIGHT TO RELINQUISH POSSESSION ................................................................................................... 94
12.5 CITY’S POSSESSION NOT A TAKING ................................................................................................................ 95
12.6 DURATION OF CITY’S POSSESSION ................................................................................................................ 95
ARTICLE 13: DEFAULT AND REMEDIES ..................................................................................................................... 95
13.1 EVENTS OF DEFAULT ..................................................................................................................................... 95
13.2 RIGHT TO TERMINATE UPON DEFAULT AND RIGHT TO SPECIFIC PERFORMANCE ......................................... 97
13.3 CITY’S REMEDIES IN THE EVENT OF DEFAULT ................................................................................................ 98
13.4 CRIMINAL ACTIVITY ....................................................................................................................................... 99
13.5 POSSESSION OF RECORDS UPON TERMINATION ........................................................................................... 99
13.6 CITY’S REMEDIES CUMULATIVE; SPECIFIC PERFORMANCE ............................................................................ 99
13.7 LIQUIDATED DAMAGES ................................................................................................................................. 99
13.8 SUSPENSION OF PERFORMANCE ................................................................................................................. 103
13.8.1 Force Majeure ........................................................................................................................................... 103
13.8.2 Labor Unrest.............................................................................................................................................. 103
13.9 DISPUTE RESOLUTION ................................................................................................................................. 104
13.9.1 Negotiation And Mediation ...................................................................................................................... 104
13.9.2 Confidentiality ........................................................................................................................................... 104
13.9.3 Injunctive Relief ......................................................................................................................................... 105
13.9.4 Continuing Obligation ............................................................................................................................... 105
13.9.5 Failure of Mediation .................................................................................................................................. 105
13.10 ASSURANCE OF PERFORMANCE .................................................................................................................. 105
ARTICLE 14: OTHER AGREEMENTS OF THE PARTIES .............................................................................................. 105
14.1 RELATIONSHIP OFPARTIES .......................................................................................................................... 105
14.2 COMPLIANCE WITH LAW ............................................................................................................................. 106
14.3 GOVERNING LAW ........................................................................................................................................ 106
14.4 JURISDICTION .............................................................................................................................................. 106
14.5 ASSIGNMENT ............................................................................................................................................... 106
14.6 AFFILIATED COMPANIES .............................................................................................................................. 107
14.7 CONTRACTING OR SUBCONTRACTING ........................................................................................................ 108
14.8 BINDING ON ASSIGNS .................................................................................................................................. 108
14.9 TRANSITION TO NEXT CONTRACTOR ........................................................................................................... 108
14.10 PARTIES IN INTEREST ................................................................................................................................... 109
14.11 WAIVER ....................................................................................................................................................... 109
14.12 CONTRACTOR’S INVESTIGATION ................................................................................................................. 109
14.13 NOTICE ........................................................................................................................................................ 109
14.14 REPRESENTATIVE OFTHE PARTIES .............................................................................................................. 110
14.15 CITY FREE TO NEGOTIATE WITH THIRD PARTIES .......................................................................................... 110
Docusign Envelope ID: 664FE19A-5E9C-4DCA-AEE6-42577002FAE2
Diamond Bar – WM vi Franchise Agreement for Solid Waste Services
14.16 COMPLIANCE WITH MUNICIPAL CODE ........................................................................................................ 110
14.17 PRIVACY ....................................................................................................................................................... 110
14.18 PROPRIETARY INFORMATION, PUBLIC RECORDS ........................................................................................ 111
ARTICLE 15: MISCELLANEOUS AGREEMENTS......................................................................................................... 111
15.1 ENTIRE AGREEMENT .................................................................................................................................... 111
15.2 SECTION HEADINGS ..................................................................................................................................... 111
15.3 REFERENCES TO LAWS AND OTHER AGREEMENTS ...................................................................................... 111
15.4 INTERPRETATION ........................................................................................................................................ 111
15.5 AGREEMENT ................................................................................................................................................ 112
15.6 SEVERABILITY .............................................................................................................................................. 112
15.7 EXHIBITS ...................................................................................................................................................... 112
15.8 ATTORNEYS’ FEES ........................................................................................................................................ 112
EXHIBITS 1-8: ........................................................................................................................................................ 114
Docusign Envelope ID: 664FE19A-5E9C-4DCA-AEE6-42577002FAE2
Diamond Bar – WM 7 Franchise Agreement for Solid Waste Services
This Franchise Agreement for Solid Waste Services (“Agreement”) is entered into this 4th day of
February, 2025, by and between the City of Diamond Bar and Waste Management Collection and
Recycling, Inc. “Contractor”, for the Collection, Transportation, Recycling, Processing, and Disposal
of Solid Waste and other services related to meeting the goals and requirements of the California
Integrated Waste Management Act. In this Agreement, the City and Contractor may be
collectively referred to as the “Parties” and individually referred to as “Party.”
RECITALS
WHEREAS, the Legislature of the State of California, by enactment of the California Integrated
Waste Management Act of 1989 (“Act”) and subsequent additions and amendments (codified at
California Public Resources Code Section 40000 et seq.), has declared that it is in the public
interest to authorize and require local agencies to make adequate provisions for Solid Waste
handling within their jurisdiction to meet the goals and requirements of AB 939; and,
WHEREAS, pursuant to California Public Resources Code Section 40059(a)(2), the City Council of
the City of Diamond Bar has determined that the public health, safety, and well-being require that
an exclusive franchise be awarded to a qualified company for the Collection, Transfer and
Transportation, Recycling, Processing, and Disposal of Solid Waste and other services related to
meeting the Diversion goals required by AB 939, and other requirements of the California
Integrated Waste Management Act; and,
WHEREAS, the Legislature of the State of California, in California Public Resources Code Section
41780 et seq., has declared a mandatory commercial Recycling program and that it is the policy
goal of the state that not less than 75 percent of Solid Waste generated be source reduced,
recycled, or composted by the year 2020, and annually thereafter; and,
WHEREAS, the Legislature of the State of California, in California Public Resources Code Section
41781.3 et seq., has declared that as of January 1, 2020, the use of green material as Landfill
alternative daily cover will no longer constitute Diversion through Recycling and will instead be
considered Disposal in terms of measuring a jurisdiction’s annual 50 percent per capita disposal
rate (AB 1594, Chapter 719, Statutes of 2014); and,
WHEREAS, California Public Resources Code Section 42649 et seq., requires a mandatory
commercial Organic Waste Diversion program; and,
WHEREAS, the Short-Lived Climate Pollutants Bill of 2016 (SB 1383) establishes regulatory
requirements for jurisdictions, generators, haulers, Solid Waste facilities, and other entities to
support achievement of state-wide Organic Waste Disposal reduction targets; and
WHEREAS, SB 1383 requires jurisdictions to implement Collection programs, meet Processing
facility requirements, conduct contamination monitoring, provide education, maintain records,
submit reports, monitor compliance, conduct enforcement and fulfill other requirements; and,
the City has chosen to delegate some of its responsibilities to Contractor, acting as the City’s
designee, through this Agreement; and,
Docusign Envelope ID: 664FE19A-5E9C-4DCA-AEE6-42577002FAE2
Diamond Bar – WM 8 Franchise Agreement for Solid Waste Services
WHEREAS, the City declares its intention of maintaining reasonable rates and quality service
related to the Collection, Transportation, Recycling, Processing, and Disposal of Solid Waste and
other services; and,
WHEREAS, the California Department of Resources Recycling and Recovery (“CalRecycle”)
promulgated regulations to implement SB 1383 (the “SB 1383 Regulations”) for local jurisdictions,
Generators, haulers, Solid Waste facilities, and other entities to support achievement of statewide
Organic Waste Disposal reduction targets; and,
WHEREAS, the current franchise agreement will expire on August 30, 2025; and,
WHEREAS, in response to a Request for Proposals, the Contractor has submitted a proposal to the
City and the City selected the Contractor on the competitive advantages of that proposal over
other proposals received by the City; and
WHEREAS, City and Contractor (“Parties”) hereto desire to enter said Agreement; and,
WHEREAS, City and Contractor are mindful of the provisions of the laws governing the safe
Collection, Transport and Transportation, Recycling, Processing and Disposal of Solid Waste,
including AB 939, the Resource Conservation and Recovery Act (“RCRA”), and the Comprehensive
Environmental Response, Compensation and Liability Act (“CERCLA”). City and Contractor desire
to leave no doubts as to their respective roles and to memorialize that by entering into this
Agreement, City is not thereby becoming an “arranger” or a “generator” as those terms are used
in CERCLA, and that it is Contractor, not City, who is “arranging for” the Collection from premises
in the City, Transport for Disposal, Composting or other Processing, and Recycling of municipal
Solid Waste which may contain Hazardous Material; and further to confirm that as a material
inducement to City entering into this Agreement, Contractor has agreed to fully indemnify City in
connection with any claims, losses, liabilities, lawsuits or actions relating to the inadvertent or
intentional Collection, Transportation and/or Disposal of Hazardous Materials that may occur in
connection with Contractor’s performance under this Agreement, and
WHEREAS, the State of California has found and declared that the amount of Solid Waste
generated in California, coupled with diminishing Landfill space and potential adverse
environmental impacts from Landfill Disposal and the need to conserve natural resources, have
created an urgent need for State and local agencies to enact and implement an aggressive
integrated waste management program. The State has, through enactment of AB 939 and
subsequent related legislation including, but not limited to: AB 2176 (Chapter 879, Statutes of
2004), SB 1016 (Chapter 343, Statutes of 2008), AB 341 (Chapter 476, Statutes of 2011), AB 1826
Chapter 727, Statutes of 2014), and SB 1383 (Chapter 395, Statutes of 2016), directed the
responsible State agency, and all local agencies, to promote a reduction in Landfill Disposal and to
maximize the use of feasible waste reduction, Reuse, Recycling, and composting options in order
to reduce the amount of material that must be Disposed; and,
WHEREAS, the City Council of the City of Diamond Bar hereby desires that Contractor be engaged
to provide for both the Collection of Solid Waste within the corporate limits of the City of
Docusign Envelope ID: 664FE19A-5E9C-4DCA-AEE6-42577002FAE2
Diamond Bar – WM 9 Franchise Agreement for Solid Waste Services
Diamond Bar and the Transportation of such Solid Waste to appropriate places for Processing,
Recycling, Organics Diversion, and Disposal, and to perform such services on the terms and
conditions set forth in this Agreement; and
WHEREAS, Contractor has agreed, as part of this Agreement, acting as an independent contractor
to provide such personnel, equipment and supplies as are necessary to ensure City complies with
the requirements of Public Resources Code Section 49100 et seq.,
WHEREAS, Contractor agrees to and acknowledges that it shall arrange for the proper Disposal of
all Solid Waste Collected in City and City is not instructing Contractor how to Collect, Process and
Dispose of Solid Waste.
WHEREAS, consistent with provisions of the Act, including Public Resources Code Section 40059,
aspects of Solid Waste Services are of local concern, including frequency of collection, means of
collection and Transportation, level of services, charges and fees, the nature, location, and extent
of providing Solid Waste Services, and whether the services are to be provided by means of a non-
exclusive, partially exclusive, or wholly exclusive franchise, contract, license, or otherwise which
may be granted by the City under terms and conditions prescribed by the City Council; and
WHEREAS, this Agreement has been developed by and is satisfactory to the City and the
CONTRACTOR,
Now, therefore, in consideration of the mutual covenants, conditions and consideration
contained herein, the City and Contractor hereby agree as hereinafter set forth:
Docusign Envelope ID: 664FE19A-5E9C-4DCA-AEE6-42577002FAE2
Diamond Bar – WM 10 Franchise Agreement for Solid Waste Services
ARTICLE 1: DEFINITIONS
For the purpose of this Agreement, the definitions contained in this Article shall apply unless
otherwise specifically stated. If a word or phrase is not defined in this Agreement, the definition
of such word or phrase as contained in the Diamond Bar City Code shall control.
1.1 AFFILIATE
Affiliate” means all businesses, including, without limitation, corporations, limited and general
partnerships and sole proprietorships, that are directly or indirectly related to the Contractor by
virtue of direct or indirect ownership interest or common management. Such businesses shall be
deemed to be “Affiliated with” the Contractor and included within the term “Affiliates” as used
herein. An Affiliate includes: (i) a business in which the Contractor has a direct or indirect
ownership interest; (ii) a business that has a direct or indirect ownership interest in the
Contractor; and/or (iii) a business that is also owned, controlled or managed by any business or
individual which has a direct or indirect ownership interest in the Contractor. For the purposes of
this definition, “ownership” means ownership as defined in the constructive ownership provisions
of Section 318(a) of the Internal Revenue Code of 1986 (Title 26, U.S. Code), as in effect on the
effective date, provided that ten percent (10%) shall be substituted for fifty percent (50%) in
Section 318(a)(2)(C) and in Section 318(a)(3)(C) thereof; and Section 318(a)(5)(C) shall be
disregarded. For purposes of determining ownership under this paragraph and constructive or
indirect ownership under Section 318(a), ownership interest of less than ten percent (10%) shall
be disregarded and percentage interests shall be determined on the basis of the percentage of
voting interest of value that the ownership interest represents, whichever is greater. Being an
Affiliate does not exempt a business from the application of assignment requirements under
Section 14.5
1.2 AGREEMENT
Agreement” means this Franchise Agreement between the City and Contractor for the
Collection, Transportation, Recycling, Processing, and/or Disposal, of Solid Waste, and other
services related to meeting the goals and requirements of AB 939, including all exhibits and
attachments, and any amendments thereto.
1.3 APPLICABLE LAW
Applicable Law" means all statutes, rules, regulations, guidelines, actions, determinations,
Permits, orders, or requirements of the United States, State, County of Los Angeles, City and local
and regional government authorities and agencies having applicable jurisdiction, that apply to or
govern the Site or the performance of the Parties’ respective obligations hereunder, including any
of the foregoing which concern health, safety, fire, environmental protection, labor relations,
mitigation monitoring plans, building codes, zoning, non-discrimination, and prevailing wages if
applicable. All references herein to Applicable Law include subsequent amendments or
modifications thereof, unless otherwise specifically limited in this Agreement.
Docusign Envelope ID: 664FE19A-5E9C-4DCA-AEE6-42577002FAE2
Diamond Bar – WM 11 Franchise Agreement for Solid Waste Services
1.4 ASSEMBLY BILL 341 (AB 341)
AB 341” means the California Jobs and Recycling Act of 2011 (Chapter 476, Statutes of 2011
Chesbro, AB 341]), also commonly referred to as “AB 341,” as it may be amended supplemented,
superseded, or replaced from time to time.
1.5 ASSEMBLY BILL 939 (AB 939) (ACT)
AB 939" means the California Integrated Waste Management Act of 1989 (California Public
Resources Code Section 40000 et seq.), as it may be amended, supplemented, superseded, or
replaced from time to time.
1.6 ASSEMBLY BILL 1826 (AB 1826)
AB 1826” means the Organic Waste Recycling Act of 2014 (Chapter 727, Statutes of 2014
modifying Division 30 of the California Public Resources Code), also commonly referred to as “AB
1826,” as amended, supplemented, superseded, and replaced from time to time.
1.7 BILLINGS
Billings” means any and all statements of charges for services rendered in accordance with this
Agreement, howsoever made, described or designated by City or Contractor, or made by others
for City or Contractor, to Customers in the City.
1.8 BIN
Bin” means a metal or plastic Container with hinged lid(s) and wheels serviced by a front-end
loading Collection vehicle with a Container capacity of less than (10) cubic yards, including Bins
with compactors attached to increase the capacity of the Bin. Bins are also known as dumpsters.
1.9 BIN SERVICE
Bin Service” means Solid Waste Collection provided by Contractor to Customers using Bins(s) to
accumulate and store their Discarded Materials for collection.
1.10 BLUE CONTAINER
Blue Container” has the same meaning as in 14 CCR Section 18982.2(a)(5) and shall be used for
the purpose of storage and Collection of Source Separated Recyclable Materials.
1.11 BULKY ITEMS
Bulky Items” means Discarded Materials that cannot and / or would not typically be
accommodated within a Cart including specifically: discarded furniture (including chairs, sofas,
mattresses, carpet, and other similar items); appliances (including refrigerators, ranges, washers,
dryers, water heaters, dishwashers, plumbing, small household appliances, and other similar
items, commonly known as “white goods”); unusually large amounts of yard debris and Green
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Waste and small pieces of wood limited to one cubic yard of contained material; Electronic
Waste (including stereos, televisions, computers and monitors, VCRs, microwaves and other
similar items commonly known as “brown goods” and “e-waste”); Bulky Items do not include car
bodies, tires, or C&D Debris, or any other items that require more than two (2) Persons to
remove. Other items not specifically included or excluded above will be Collected provided that
they are not more than eight (8) feet in length, four feet in width, or more than 150 pounds. In
the event a question ever arises as to whether a specific item or category of items meets the
definition of Bulky Items, Contract Administrator shall be responsible to determine whether said
definition shall apply, which determination shall be final and binding on the Parties.
1.12 BUSINESS DAYS
Business Days” mean days during which the City’s administrative offices are normally open to do
business with the public.
1.13 CALRECYCLE
CalRecycle” means the State of California’s Department of Resources Recycling and Recovery,
and, as this department was structured prior to January 1, 2010, the California Integrated Waste
Management Board or CIWMB, as well as any successor agency to CalRecycle.
1.14 CART
Cart” means a heavy plastic receptacle and a rated capacity of at least thirty (30) gallons and not
more than one-hundred one (101) gallons, having a hinged, tight-fitting lid and wheels, that is
approved by the Contract Administrator for use by Customers for Collection services under this
Agreement.
1.15 CITY
City” means the City of Diamond Bar, California, a municipal corporation, and all the territory
lying within the municipal boundaries of the City as presently existing or as such boundaries may
be modified during the term of this Agreement.
1.16 COLLECT, COLLECTED, COLLECTION
Collect" or "Collection" means to take physical possession, Transport, and remove Discarded
Materials within and from City.
1.17 COMMENCEMENT DATE
Commencement Date” means the date specified in Section 2.4 when the Contractor is to begin
providing Solid Waste Services and other related services required by this Agreement.
1.18 COMMERCIAL EDIBLE FOOD GENERATORS
Commercial Edible Food Generators” includes Tier One Commercial Edible Food Generators and
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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).
1.19 COMMERCIAL PREMISES
Commercial Premises" means Premises upon which business activity is conducted, including but
not limited to retail sales, services, wholesale operations, manufacturing and industrial
operations, but excluding Residential Premises upon which business activities are conducted
when such activities are permitted under applicable zoning regulations and are not the primary
use of the property. Notwithstanding any provision to the contrary herein, in the Diamond Bar
City Code, or otherwise, for purposes of this Agreement, Premises upon which the following uses
as defined in the Diamond Bar Municipal Code) are occurring shall be deemed to be Commercial
Premises: Assisted Living Facilities, Convalescent Homes, Dormitories, Extended Stay Motels,
Hotels, Motels, and Multi-Family Premises with five (5) units or more.
1.20 COMMERCIAL EDIBLE FOOD GENERATORS
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).
1.21 COMMUNITY COMPOSTING
Community Composting” means any activity that composts green material, agricultural material,
food material, and vegetative food material, alone or in combination, and the total amount of
feedstock and Compost on-site at any one time does not exceed 100 cubic yards and 750 square
feet, as specified in 14 CCR Section 17855(a)(4); or as otherwise defined in 14 CCR Section
18982(a)(8).
1.22 COMPOST, COMPOSTING
Compost” has the same meaning as in 14 CCR Section 17896.2(a)(4), which stated, as of the
effective date of this Agreement, that “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.
1.23 CONTRACT ADMINISTRATOR
Contract Administrator” means the City Manager, or his or her designee, designated by the City
to administer and monitor the provisions of this Agreement.
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1.24 CONTRACTOR
Contractor” means Waste Management Collection and Recycling, Inc., and its officers, directors,
employees, agents, companies, and Subcontractors.
1.25 CONTRACTOR’S PROPOSAL
Contractor's Proposal" means the proposal submitted by Contractor to City on August 30, 2023
in response to a Request for Proposals dated May 3, 2023. Contractor's Proposal was selected by
City based on its competitive advantages over other proposals received, and City specifically
relied upon the representations and warranties set forth therein in entering into this Agreement.
Contractor's Proposal is attached as Exhibit 7 and incorporated into this Agreement by reference,
and Contractor represents and warrants that all representations set forth in such proposal are
true and correct.
1.26 CONTRACTOR COMPENSATION
Contractor Compensation" means the revenue received by the Contractor from Billings,
excluding City fees as defined in Article 7 of this Agreement, in return for providing services in
accordance with this Agreement and any amendments to this Agreement.
1.27 CONSTRUCTION AND DEMOLITION DEBRIS OR C&D OR C&D DEBRIS
Construction and Demolition Debris" or “C&D Material,” means any combination of inert
building materials and Solid Waste resulting from construction, remodeling, repair, cleanup, or
demolition operations as defined in California Code of Regulations, Title 22 Section 66261.3 et
seq. This term includes, but is not limited to, asphalt, concrete, Portland cement concrete, brick,
lumber, gypsum wallboard, cardboard, and other associated packaging; roofing material, ceramic
tile, carpeting, plastic pipe, and steel. The material may be commingled with rock, soil, tree
stumps; and other vegetative matter resulting from land clearing and landscaping for construction
or land development projects. Accepted and prohibited materials are listed in Exhibit 4.
Construction and Demolition Debris is also referred to in the Diamond Bar City Code as
Construction/Demolition Waste.”
1.28 CONTAINER(S)
Container(s)” means any and all types of Solid Waste receptacles, including Carts, Bins,
dumpsters, debris boxes, Roll-Off Boxes, and Compactors.
1.29 CONTAINER CONTAMINATION
Container Contamination” means the following: (i) discarded materials placed in the Blue
Container that are not Blue Container Waste; (ii) discarded materials placed in the Green
Container that are not Green Container Waste; (iii) discarded materials placed in the Gray
Container that are Blue Container Waste or Green Container Waste; and, (v) Excluded Waste
items placed in any container.
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1.30 CUSTOMER(S)
Customer” means the Person having the care and control of any Premises in the City and to
whom Contractor submits its billing invoice and collects payment for Solid Waste Services
provided pursuant to the terms of this Agreement.
1.31 DAY
Day” means calendar day unless otherwise specified in this Agreement.
1.32 DESIGNATED FACILITY(IES)
Designated Facility(ies)” means any one of or any combination of Disposal, Transfer, or
Processing facilities including, C&D Processing Facilities; Landfills; High Diversion Organic Waste
Processing Facilities; Organics Waste Processing Facilities, Source Separated Recyclable Materials
Processing Facilities; and Transfer Facilities as defined in this Article and listed in Exhibit 3. Any
such facility utilized by the Contractor shall be designed and constructed in accordance with
Applicable Laws and shall have been issued all permits from federal, state, regional, county and
city agencies necessary for it to operate. Contractor shall notify Contract Administrator within
One Business Day of any change in Designated Facilities and must submit to the Contract
Administrator an up-to-date Designated Facilities list annually.
1.33 DISCARDED MATERIALS
Discarded Materials” are a form of Solid Waste and shall be regulated as such. For purposes of
this Agreement, material is deemed to have been discarded, without regard to whether it is
destined for Recycling or Disposal, and whether or not it has been separated from other Solid
Wastes, in all cases where a fee or other compensation, in any form or amount, is directly or
indirectly solicited from, or, levied, charged, or otherwise imposed on, or paid by, the Generator
or Customer in exchange for handling services. As used herein, handling services include, without
limitation, the Collection, removal, Transportation, delivery, and Processing and/or Disposal of the
material. Discarded Materials do not include Edible Food that is recovered for human
consumption and is not discarded. For the purposes of this Agreement, Discarded Materials
include Source Separated Recyclable Materials, Source Separated Green Container Organic
Waste, Food Waste, Refuse, and C&D once the materials have been placed in Containers for
Collection.
1.34 DISPOSAL
Disposal” or “Disposed” mean the final disposition of any Solid Waste Collected by the
Contractor or Residue from Processing activities at a permitted Landfill or other permitted Solid
Waste facility.
1.35 DISPOSAL SITE(S)
Disposal Site(s)" means the Solid Waste facility or Facilities utilized for the ultimate Disposal of
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Solid Waste Collected by Contractor.
1.36 DIVERT, DIVERSION
Divert” or “Diversion” means to Divert from Disposal facilities or Transformation facilities
including incineration, pyrolysis, distillation, gasification biological conversion) through source
reduction, Reuse, salvage, Recycling, and Composting, as provided in Section 41780 of California
Public Resources Code as such act may be hereafter amended or superseded provided that Divert
or Diversion shall include delivery to Transformation facilities if the overall Diversion achieved by
the City is at a level where delivery to such facilities shall be considered Diversion pursuant to the
Act.
1.37 DWELLING UNIT
Dwelling Unit” means any individual living unit in a Residential Premises intended for, or capable
of being utilized for, Residential living other than a hotel or motel.
1.38 EDIBLE FOOD
Edible Food” means food intended for human consumption. For the purposes of this Agreement,
Edible Food is not Solid Waste if it is recovered and not discarded. Nothing in this Agreement
requires or authorizes the recovery of Edible Food that does not meet the food safety
requirements of the California Retail Food Code. If the definition in 14 CCR Section 18982(a)(18)
for Edible Food differs from this definition, the definition in 14 CCR Section 18982(a)(18) shall
apply to this Agreement.
1.39 ELECTRONIC WASTE, E-WASTE
Electronic Waste” or “E-Waste” means discarded electronic equipment and includes, but is not
limited to, stereos, televisions, computers and computer monitors, VCRs, cellular phones, fax
machines, household copiers, computer printers, other electronic items with electric plugs that
are banned from Landfill Disposal, and other similar items commonly known as “brown goods.”
1.40 ENFORCEMENT ACTION
Enforcement Action” means an action of the City to address non-compliance including, but not
limited to, issuing administrative citations, fines, penalties, or using other remedies.
1.41 ENVIRONMENTAL LAW
Environmental Law” means any federal and state statute, county, local and City ordinance, rule,
regulation, order, consent decree, judgment or common-law doctrine, and provisions and
conditions or permits, licenses and other operating authorizations relating to (i) pollution or
protection of the environment, including natural resources, (ii) exposure of Persons, including
employees, to Hazardous Materials or other products, raw materials, chemicals or other
substances, (iii) protection of the public health or welfare from the effects of by-products, wastes,
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emissions, discharges or releases of chemical substances from industrial or Commercial activities,
or (iv) regulations of the manufacture, use or introduction into commerce of chemical substances,
including, without limitation, their manufacture, formulation, labeling, distribution,
Transportation, handling, storage and Disposal.
1.42 EXCLUDED WASTE
Excluded Waste” means Hazardous Substance, Hazardous Waste, Biohazardous or Biomedical
Waste, volatile, corrosive, medical waste, infectious, regulated radioactive waste, and toxic
substances or material that Designated 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 Residential 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.
1.43 FOOD WASTE
Food Waste” means all 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;
discarded compostable paper that is contaminated with Food Waste; fruit waste, grain waste,
dairy waste, meat, and fish waste, which has been Source Separated from other Solid Waste,
Food Waste is a subset of Organic Materials and excludes Hazardous Waste. Edible Food
separated for Food Recovery shall not be considered Food Waste. See Exhibit 4 for accepted and
prohibited materials.
1.44 FRANCHISE
Franchise" means the special right granted by City to operate a public utility for Solid Waste
Services within the City.
1.45 FRANCHISE FEE
Franchise Fee” means the fee paid by Contractor to City for the right to hold the Franchise for
Solid Waste Services granted by this Agreement.
1.46 GRAY CONTAINER
Gray Container” has the same meaning as in 14 CCR Section 18982(a)(28) and shall be used for
the purpose of storage and Collection of Gray Container Waste or Mixed Waste.
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1.47 GREEN CONTAINER
Green Container” has the same meaning as in 14 CCR Section 18982(a)(29) and shall be used for
the purpose of storage and Collection of Source Separated Green Container Organic Waste.
1.48 GROSS RECEIPTS
Gross Receipts” means and includes all revenues actually received by Contractor or subsidiaries,
parent companies or other Affiliates of Contractor from Billings and compensation in any form
arising from, or attributable to, the provision of Solid Waste Services by Contractor to its
Customers in the City pursuant to this Agreement, without deducting Disposal fees, City Fees, or
any other fees or cost of doing business. Gross Receipts does not include any revenue received by
Contractor from the sales of Recyclable Materials.
1.49 HAZARDOUS MATERIAL
Hazardous Material” is defined to include any hazardous or toxic substance, material or waste
which is or becomes regulated by any local governmental authority, the State of California, or the
United States Government. The term “Hazardous Material” includes, without limitation, any
material or substance which is: (i) petroleum or oil or gas or any direct or derivate product or
byproduct thereof; (ii) defined as a “hazardous waste,” “extremely hazardous waste” or
restricted hazardous waste” under Sections 25115, 25117 or 25122.7, or listed pursuant to
Section 25140, of the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous
Waste Control Law); (iii) defined as a “hazardous substance” under Section 25316 of the California
Health and Safety Code, Division 20, Chapter 6.8 (Carpenter-Presley-Tanner Hazardous Substance
Account Act); (iv) defined as a “hazardous material,” “hazardous substance,” or “hazardous
waste” under Sections 25501(j) and (k) and 25501.1 of the California Health and Safety Code,
Division 20, Chapter 6.95 (Hazardous Materials Release Response Plans and Inventory); (v)
defined as a “hazardous substance” under Section 25281 of the California Health and Safety Code,
Division 20, Chapter 6.7 (Underground Storage of Hazardous Substances); (vi) “used oil” as
defined under Section 25250.1 of the California Health and Safety Code; (vii) asbestos; (viii) listed
under Chapter 11 of Division 4.5 of Title 22 of the California Code of Regulations, or defined as
hazardous or extremely hazardous pursuant to Chapter 10 of Division 4.5 of Title 22 of the
California Code of Regulations; (ix) defined as waste or a hazardous substance pursuant to the
Porter-Cologne Act, Section 13050 of the California Water Code; (x) designated as a “toxic
pollutant” pursuant to the Federal Water Pollution Control Act, 33 U.S.C. Section 1317; (xi)
defined as “ hazardous waste” pursuant to the Federal Resource Conservation and Recovery Act,
42 U.S.C. Section 6901, et seq. (42 U.S.C. § 6903); (xii) defined as a “hazardous substance”
pursuant to the Comprehensive Environmental Response, Compensation and Liability Act, 42
U.S.C. § 6901); (xiii) defined as “Hazardous Material” pursuant to the Hazardous Materials
Transportation Act 29 U.S.C. Section 5101, et seq.: or (xiv) defined as such or regulated by any
Superfund” or “Super lien” law, or any other federal, state or local law, statute, ordinance, code,
rule, regulation, order or decree regulating, relating to, or imposing liability or standards of
conduct concerning Hazardous Materials and/or oil wells and/or underground storage tanks
and/or pipelines, as now, or at any time hereafter, in effect; (xv) defined as “medical waste” or
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biohazardous waste” under applicable Federal or State law, excluding Home Generated Sharps
as defined in Section 1.52.
1.50 HIGH DIVERSION ORGANIC WASTE PROCESSING FACILITY
High Diversion Organic Waste Processing Facility” means a facility that is in compliance with the
reporting requirements of 14 CCR § 18815.5(d) and meets or exceeds an annual average Mixed
Waste organic content Recovery rate of 50 percent between January 1, 2022 and December 31,
2024, and 75 percent after January 1, 2025, as calculated pursuant to 14 CCR § 18815.5I for
Organic Waste received from the “Mixed waste organic collection stream” as defined in 14 CCR §
17402(a)(11.5); or, as otherwise defined in 14 CCR § 18982(a)(33).
1.51 HOLIDAYS OR DESIGNATED HOLIDAYS
Holidays” or “Designated Holidays” shall mean New Year’s Day, Memorial Day, Independence
Day, Labor Day, Thanksgiving Day, and Christmas Day.
1.52 HOME GENERATED SHARPS
Home-Generated Sharps” means hypodermic needles, pen needles, syringes, intravenous
needles, lancets, and other devices that are used to penetrate the skin for testing or the delivery
of medications derived from a household including Residential Dwelling units.
1.53 HOUSEHOLD HAZARDOUS WASTE (HHW)
Household Hazardous Waste" or “HHW” means material used in residences that may threaten
human health or the environment when improperly discarded and usually has one or more of the
following characteristics; flammable, toxic, corrosive, and/or reactive.
1.54 LANDFILL
Landfill” means a “Solid Waste Landfill” defined by Public Resources Code Section 40195.1
1.55 MATERIALS RECOVERY FACILITY (MRF)
Materials Recovery Facility" means a permitted Solid Waste facility where Solid Wastes or
Recyclable Materials are sorted or separated for the purposes of Recycling, Processing or
Composting.
1.56 MIXED WASTE PROCESSING
Mixed Waste Processing” means the separation and sorting of recyclables and other recoverable
materials from Refuse at a MRF where commingled loads of Solid Waste are Processed.
1.57 MULTI-FAMILY PREMISES
Multi-Family Premises” means any Residential Premises of five (5) or more Dwelling Units (not
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including hotels or motels), irrespective of whether residence therein is transient, temporary or
permanent, which receive Collection services from centralized locations. Multi-Family Premises
generally receive Solid Waste Services through the use of shared Bins, but may use Carts.
1.58 ORGANIC WASTE OR GREEN CONTAINER WASTE
Organic Waste’ or ‘Organics’ means solid wastes containing material originated from living
organisms and their metabolic waste products including, but not limited to, Food Waste, Green
Material, landscape and pruning waste, 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 18882(a)(46); or that is collected in a green container as defined in 14
CCR 18982(a)(29). Biosolids and digestate are as defined by 14 CCR Section 18982(a). The term is
used interchangeably with Green Container Waste.
1.59 ORGANICS MATERIAL PROCESSING FACILITY
Organic Materials Processing Facility” means a permitted Facility where Organic Material is
sorted, mulched, or separated for the purposes of Recycling, reuse or composting.
1.60 PERSON
Person” means any individual, firm, limited liability company, partnership, public or private
corporation, business trust, join venture, organization, organization, the United States, the State
of California, the County of Los Angeles, or any political subdivision, government agency,
municipality, and special purpose districts.
1.61 PREMISES
Premises” means any parcel of land, building and/or structure or portion thereof, in the City
where Solid Waste is produced, generated or accumulated.
1.62 PROCESS, PROCESSED, OR PROCESSING
Process”, “Processed” 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).
1.63 RATE YEAR
Rate Year" means the period July 1 to June 30, for each year during the Term of this Agreement.
1.64 RECYCLABLES OR BLUE CONTAINER WASTE
Recyclable Materials’ or ‘Recyclables’ means non-putrescible and non-hazardous recyclable
wastes, including, but not limited to, bottles, cans, metals, plastics, and glass, or as otherwise
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defined in 14 CCR Section 18982(a)(43); or that is collected in a blue container as defined in 14
CCR 18982(a)(5). The term is used interchangeably with Blue Container Waste or materials. See
Exhibit 4 for accepted and prohibited materials. The City and Contractor agree to meet from time
to time as needed, and in good faith consider modifications to the list in Exhibit 4 of acceptable
Recyclable Material to address developments in processing technologies, emerging uses for
various types of materials, changes in available markets, or other relevant issues.
1.65 RECYCLE, RECYCLING
Recycle” or “Recycling” means the process of Collecting, sorting, cleansing, treating, Processing
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.
1.66 REFUSE OR GRAY CONTAINER WASTE
Refuse” means discarded waste or garbage that may contain nonorganic material, or processed
industrial materials or that is collected in a gray container as defined in 14 CCR 18982 (a)(28). The
term is used interchangeably with Gray Container Waste. “Refuse” does not include sewage,
Construction and Demolition Debris, Recyclable Materials, and/or Organic Materials placed in
source-separated Containers for Collection.
1.67 RENEWABLE NATURAL GAS OR RNG
Renewable Natural Gas” or “RNG” means gas derived from Organic Waste that has been
Diverted from Landfill Disposal and Processed at an in-vessel digestion facility that is permitted or
otherwise authorized by 14 CCR to recover Organic Waste, or as otherwise defined in 14 CCR
Section 18982(a)(62).
1.68 RESIDENTIAL
Residential" refers to services performed at and for Residential Premises, which include both
single-family and Multi-Family Premises.
1.69 RESIDUAL OR RESIDUE
Residual” or “Residue” means the Solid Waste destined for Disposal, further Transfer/Processing
as defined in 14 CCR Section 17402(a)(30) or 14 CCR Section 17402(a)(31), or transformation
which remains after Processing has taken place and is calculated in percent as the weight of
Residual divided by the total incoming weight of materials.
1.70 ROLL-OFF BOX
Roll-Off Box” means an open or closed-top metal Container, roll-top Container, or closed
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compactor Container serviced by a roll-off truck and with a Container capacity of 10 cubic yards or
more. Roll-Off Boxes are also known as drop boxes or debris boxes.
1.71 SINGLE-FAMILY, SINGLE-FAMILY DWELLING
Single-Family,” or “Single-Family Dwelling,” means, for purposes of this Agreement,
notwithstanding any contrary definition in the Diamond Bar City Code, any detached or attached
house or residence designed or used for occupancy by one (1) family, provided that Collection
Service feasibly can be provided to such Premises as an independent unit, and the owner or
occupant of such independent unit is billed directly for the Collection Service. “Single-Family,” or
Single-Family Dwelling,” includes Residential units of a duplex, tri-plex, or four-plex Residential
structure.
1.72 SENATE BILL 1383 (SB 1393)
SB 1383" means the Short-Lived Climate Pollutants Act of 2016 (Chapter 395, Statutes of 2016),
as it may be amended, supplemented, superseded, or replaced from time to time.
1.73 SOLID WASTE
Solid Waste" means all Solid Wastes generated by Residential, Commercial, and industrial
sources, including Refuse, Recyclable Materials and Organic Materials, and all Solid Waste
generated at construction and demolition sites, which are Collected and Transported under the
authorization of the City or are self-hauled by residents or contractors. Municipal Solid Waste
does not include agricultural crop residues, mining waste and fuel extraction waste, forestry
wastes, ash from industrial boilers, furnaces and incinerators or Hazardous Material, any waste
which is not permitted to be Disposed of at a Class III Landfill and which fall within the definition
of “Nonhazardous Solid Waste” set forth in Title 23, Chapter 15, Section 2523(a) of the California
Code of Regulations as amended or designated Class II wastes. Materials shall be deemed “Solid
Waste” consistent with the meaning of California Public Resources Code Section 40191, and for
purposes of this Agreement shall be regulated as such, whether or not they may be potentially
Recyclables, in either of the following instances: (a) the material is mixed or commingled with
other types of Solid Waste such that more than 65% of the material consists of Solid Waste rather
than Recyclables, or (b) the payment of a fee, charge, or other consideration, in any form or
amount, is directly or indirectly solicited or received from the generator by any Person or
combination of Persons in exchange for Collection, removal, Transportation, storage, Processing,
handling, consulting, Container rental or Disposal services (“fee for service” Recycling), whether
or not arranged by or through a subcontractor, broker, agent, consultant, or affiliate of the
provider of such service.
1.74 SOLID WASTE SERVICES
Solid Waste Services” means the Collection, Transfer, Transport, Recycling, Processing, and
Disposal of Solid Waste.
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1.75 SOURCE SEPARATED
Source Separated” means materials, including commingled Recyclable materials, that have been
separated or kept separate from the Solid Waste stream, at the point of generation, for the
purpose of additional sorting or Processing those materials for Recycling or Reuse in order to
return them to the economic mainstream in the form of raw material for new, reused, or
reconstituted products which meet the quality standards necessary to be used in the
marketplace, or as otherwise defined in 14 CCR Section 17402.5(b)(4). For the purposes of this
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 Container Waste and other Solid Waste for the purposes of Collection and
Processing.
1.76 STATE
State” means the State of California.
1.77 TRANSFER STATION
Transfer Station” means a Facility that receives Solid Waste from Collection vehicles and
transfers the material to larger vehicles for Transport to Landfills and other destinations. Transfer
Stations may or may not also include MRFs transferring residual Refuse (Refuse left after the
sorting of Recyclable Materials) to Landfills and Recyclable Materials, including Organic Materials
and/or Construction and Demolition Debris, to processors, brokers, or end-users.
1.78 TRANSPORT OR TRANSPORTATION
Transport” or “Transportation” means the act of conveying Collected materials from one location
to another.
1.79 TRANSFORMATION
Transformation” means incineration, pyrolysis, distillation, gasification, or biological conversion
other than composting. “Transformation” does not include composting.
1.80 UNIVERSAL WASTE OR U-WASTE
Universal Waste” or “u-waste” means any of the following waste that are conditionally exempt
from classification as hazardous wastes pursuant to Title 22 of the California Code of Regulations
22 CCR), § 66261.9: (i) batteries as described in 22 CCR § 66273.2; (ii) thermostats as described in
22 CCR § 66273.4; (iii) lamps as described in 22 CCR § 66273.5; and (iv) cathode tube materials as
described in 22 CCR § 66273.6; (v) Electronic Waste or E-waste as defined in Section 1.40.
1.81 WORK DAY(S)
Work Days” or “Working Days” means days on which the CONTRACTOR is required to provide
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Diamond Bar – WM 24 Franchise Agreement for Solid Waste Services
regularly scheduled Collection services under this Agreement.
1.82 WASTE GENERATOR
Waste Generator" means any Person as defined by the Public Resources Code, whose act or
process produced Solid Waste as defined in the Public Resources Code, or whose act first causes
Solid Waste to become subject to regulation.
1.83 YARD WASTE OR GREEN WASTE
Yard Waste” or “Green Waste” means leaves, grass clippings, brush, branches, and other forms
of Organics Materials generated from landscapes or gardens, which have been Source-Separated
from other Solid Waste. Yard Waste is a subset of Organics Materials and excludes Hazardous
Materials. See Exhibit 4 for accepted and prohibited materials.
ARTICLE 2: GRANT AND ACCEPTANCE OF FRANCHISE
2.1 GRANT AND ACCEPTANCE OF FRANCHISE, INDEMNITY OF AWARD
Subject to the terms and conditions of this Agreement (including but not limited to the exclusions
set forth in Section 2.9 hereof) and applicable State laws, and to the rights of State, county and
school district facilities to use a Solid Waste enterprise other than Contractor, City hereby grants
to Contractor and Contractor hereby accepts from City, for the Term hereof, the exclusive
Franchise, right and privilege to provide Solid Waste Services as defined in this Agreement to all
Commercial Premises and Multi-Family Premises (of five or more units) within the boundaries of
the City (the “Franchise”).
Contractor agrees to and shall timely take all actions that are reasonably necessary to defend the
validity and enforceability of this Agreement and shall pay all costs related to such defense. To the
maximum extent permitted by law, Contractor shall defend, indemnify, protect and hold
harmless, the City, its officers, agents and employees from any and all claims, actions or
proceedings to attack, set aside, void, annul or seek monetary damages resulting from an
approval by the City of this Agreement, including but not limited to any action brought by
referendum or under Proposition 218 (Calif. Const. Art. XIIID) to challenge the City’s entry into this
Agreement or the setting of Solid Waste rates as set forth in this Agreement. The City shall
promptly notify Contractor of any such claim, action, or proceeding. The City and Contractor shall
meet in good faith in an effort to come to a mutual agreement for a joint defense; provided that
the City shall be entitled to select legal counsel of its choice to conduct the defense if an
agreement cannot be reached. Contractor’s obligations to pay all costs, defend, indemnify,
protect and hold harmless under this section shall not be altered in the event City retains
separate counsel. Contractor hereby accepts the Franchise on the terms and conditions set forth
in this Agreement.
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Diamond Bar – WM 25 Franchise Agreement for Solid Waste Services
2.2 EXCLUSIVE NATURE OF FRANCHISE
During the term of this Agreement, except as otherwise provided in Section 2.9 below, or as may
otherwise be provided by federal or state law, the rights granted to the Contractor under this
Agreement shall be exclusive to the Contractor. The City will not let any contract to, or enter into
any agreement with, any other Person for the performance of the services herein required to be
performed by the Contractor.
To the extent permitted under state or federal law, the City shall protect the Contractor’s
exclusive rights by proper ordinances, and may take action to enforce those ordinances upon
request and at the City’s sole and absolute discretion. Should the City take administrative, law
enforcement, or other legal action against any Person that infringes on the Contractor’s exclusive
rights, the Contractor shall reimburse the City for its reasonable administrative, law enforcement,
or other legal costs related to any such action. To the extent permitted under state or federal law,
nothing herein shall preclude Contractor from taking such legal action against third parties as it
deems appropriate to protect the exclusive nature of its Franchise.
2.3 EFFECTIVE DATE
The Effective Date of this Agreement shall be thirty (30) days after the date which the City Council
approves this Agreement.
2.4 TERM OF AGREEMENT
The term of this Agreement shall be ten (10) years, commencing September 1, 2025, and
terminating on August 31, 2035, subject to extension as provided herein. Notwithstanding the
foregoing, the unexcused failure or refusal of Contractor to perform any material term, covenant,
obligation, or condition contained in this Agreement shall give rise to the right, in favor of City, for
earlier termination of this Agreement for cause in accordance with the procedures elsewhere
contained herein.
2.5 CITY’S OPTION TO EXTEND TERM
City shall have the sole option to extend the Term for up to twenty-four (24) months following
expiration of the Term under Section 2.4. The City may, upon at least ninety days (90-days)
advance written notice to the Contractor prior to the expiration of the Term, exercise this
extension option. If City provides this extension notice, this Agreement will automatically renew
up to a maximum of twenty-four (24) months. This extension period shall terminate, upon the
earlier of: (i) the expiration of the aforementioned twenty- four (24) months, or (ii) ninety (90)
days following the date upon which City gives Contractor written notice of final termination.
2.6 REPRESENTATIONS AND WARRANTIES OF CONTRACTOR
Contractor hereby covenants, represents, and warrants the following to City for the purpose of
inducing City to enter into this Agreement and to consummate the transaction contemplated
hereby, all of which shall be true as of the date of this Agreement and as of the effective date:
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A. Contractor is validly existing as a corporation under the laws of the State of California.
B. Neither the execution of this Agreement nor the delivery by Contractor of services nor the
performance by Contractor of its obligations hereunder: (1) conflicts with, violates or results
in a breach of any Applicable Law; (2) conflicts with, violates or results in a breach of any term
or condition of any judgment, decree, agreement (including, without limitation, the certificate
of incorporation of Contractor) or instrument to which Contractor is a party or by which
Contractor or any of its properties or assets are bound, or constitutes a default under any
such judgment, decree, agreement or instrument; or (3) will result in the creation or
imposition of any encumbrance of any nature whatsoever upon any of the properties or
assets of Contractor.
C. There is no action, suit or other proceeding as of the date of this Agreement, at law or in
equity, or to the best of Contractor’s knowledge, any investigation, before or by any court or
governmental authority, pending or threatened against Contractor or Waste Management,
Inc. which is likely to result in an unfavorable decision, ruling or finding which would
materially and adversely affect the validity or enforceability of this Agreement or any such
agreement or instrument entered into by Contractor or Waste Management, Inc. in
connection with the transactions contemplated hereby, or which could materially and
adversely affect the ability of Contractor to perform its obligations hereunder or which would
have a material adverse effect on the financial condition of Contractor or Waste
Management, Inc.
D. Contractor has no knowledge of any Applicable Law in effect as of the date of this Agreement
that would prohibit the performance by Contractor of this Agreement and the transactions
contemplated hereby.
E. Contractor has made an independent investigation, satisfactory to it, of the conditions and
circumstances surrounding this Agreement and the work to be performed by it, and is
satisfied that those conditions and circumstances will not impair its ability to perform the
work and provide the Collection services required by this Agreement.
F. The information supplied by Contractor in all submittals made in connection with negotiation
and execution of this Agreement, including all materials in Exhibits of this Agreement, and all
representations and warranties made by Contractor throughout this Agreement are true,
accurate, correct and complete in all material respects on and as of the effective date of this
Agreement. Note that inaccuracies in Contractor’s Proposal, such as material omissions of
past and pending litigation as requested under the Request for Proposals through which this
Agreement was procured, are grounds for termination of this Agreement.
G. Contractor’s representative, as it shall be designated pursuant to Section 14.14 shall have
authority in all daily operational matters related to this Agreement. City may rely upon action
taken by such designated representative as action of Contractor unless the actions taken are
not within the scope of this Agreement.
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2.7 CONDITIONS TO EFFECTIVENESS OF AGREEMENT
The obligation of City to permit this Agreement to become effective and to perform its
undertakings provided for in this Agreement is subject to the satisfaction of each and all of the
conditions set out below, each of which may be waived in whole or in part by City.
A. Accuracy of Representations. Representations and warranties made by Contractor throughout
this Agreement are accurate, true and correct on and as of the effective date of this
Agreement.
B. Absence of Litigation. There is no litigation pending in any court challenging the award of this
Franchise to Contractor or the execution of this Agreement or seeking to restrain or enjoin its
performance.
C. Furnishing of Insurance, Bond, and Letter of Credit. Contractor shall have furnished evidence
of the insurance, bonds, deposit and letter of credit as required by Article 11, and shall
comply with all ongoing requirements relating thereto.
D. Effectiveness of City Council Action. City’s Resolution approving this Agreement shall have
become effective pursuant to California law.
2.8 DELEGATION OF AUTHORITY
The administration of this Agreement by City shall be under the supervision and direction of the
City Manager’s office and the actions specified in this Agreement, unless otherwise stated, shall
be taken by the Contract Administrator, or his or her designee.
2.9 LIMITATIONS TO THE SCOPE
Notwithstanding any provision to the contrary contained in this Agreement, the exclusive
franchise, right and privilege to provide Solid Waste Services at Commercial and Multi-Family
Premises within City granted to Contractor by this Agreement specifically excludes the following
services, which services may be provided by Persons other than Contractor and which may be
subject of other permits, licenses, franchises or agreements issued or entered by City:
A. Solid Waste Services at Residential Premises of less than five units.
B. The sale or donation of Recyclable Materials or Organics Materials by the Generator to any
person or entity other than Contractor ; provided, however, to the extent permitted by law, if
the Generator is required to pay monetary or non-monetary consideration for the Collection,
Transport, Transfer, or Processing of Recyclable Materials or Organics Materials, the fact that
the Generator receives a reduction of discount in price (or in other terms of the consideration
the Generator is required to pay) shall not be considered a sale or donation and shall not be
exempt.
C. Solid Waste that is removed from any Premises by the Generator, by means of “self-hauling”
as described in the Diamond Bar City Code), and Transported personally by such Generator
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or by his or her full-time employees, but not a subcontractor) to a Processing or Disposal
Facility in a manner consistent with all applicable laws and regulations.
D. Yard Waste removed from the Premises by a gardening, landscaping, or tree trimming
contractor, utilizing its own equipment, as an incidental part of a total service offered by that
contractor rather than as a hauling service.
E. The Collection, Transfer, Transport, Recycling, Processing, and Disposal of animal waste
remains from slaughterhouse or butcher shops for use as tallow.
F. The Collection, Transfer, Transport, Recycling, Processing, and Disposal of by-products of
sewage treatment, including sludge ash, grit and screenings.
G. The Collection, Transfer, Transport, Recycling, Processing, and Disposal of Hazardous
Substances, Hazardous Waste, and radioactive waste regardless of its source.
H. Construction and Demolition Debris which is removed by a duly licensed construction or
demolition company or as part of a total service offered by said licensed company or by the
City, where the licensed company utilizes its own equipment in compliance with Construction
and Demolition Debris requirements of the Diamond Bar City Code.
I. The Collection, Transfer, Transport, Recycling, Processing, and Disposal of Solid Waste by the
City through City officers or employees in the normal course of their employment.
J. Solid Waste Services for governmental agencies, other than the City, which may have facilities
in the City, but over which the City has no jurisdiction in connection with the regulation of
Solid Waste.
K. Solid Waste Services for Solid Waste originating outside the City from hauling such Solid
Waste over City streets, provided such collectors comply with any governing laws and/or
ordinances.
L. Containers delivered for Recycling under the California Beverage Container Recycling Litter
Reduction Act (California Public Resources Code, Section 14500, et seq.).
M. 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.
N. Food Scraps that are separated by the Generator and used by the Generator or distributed to
other person(s) for lawful use as animal feed, in accordance with 14 CCR Section
18983.1(b)(7). Food Scraps intended for animal feed may be Self-Hauled by Generator or
hauled by another party.
O. Contractor’s right to Collect and/or Dispose of Solid Waste shall not be exclusive in the event
of failure to Collect under Article 12 of this Agreement during which Contractor fails to
maintain substantially complete regular Collection services pursuant to this Agreement and
the Collection schedules then in effect, for any reason, including a strike by Contractor’s
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employees or similar labor dispute. The City may provide for Collection and/or Disposal
services from persons other than Contractor during such periods, including Contractor’s Bin
and/or Roll-Off Box Service Customers.
Contractor acknowledges and agrees that City may permit other Persons besides Contractor to
Collect any or all types of the Solid Waste listed in this Section 2.9 as exempt from Contractor’s
Franchise, including Recyclable Materials, without seeking or obtaining approval of Contractor
under this Agreement. This grant to Contractor of an exclusive Franchise, right and privilege to
Collect, Transport, or Process and Dispose of Solid Waste shall be interpreted to be consistent
with all Applicable Laws, now and during the term of the Franchise, and the scope of this exclusive
Franchise shall be limited by current and developing Applicable Laws with regard to Solid Waste
handling, exclusive Franchise, control of Recyclable Materials, Solid Waste flow control, and
related doctrines. In the event that future interpretations of current law, enactment or
developing legal trends limit the ability of City to lawfully provide for the scope of Franchise
services as specifically set forth herein, Contractor agrees that the scope of the Franchise will be
limited to those services and materials which may be lawfully provided for under this Agreement,
and that City shall not be responsible for any lost profits claimed by Contractor to arise out of
further limitations of the scope of the Agreement set forth herein. In such an event, it shall be the
responsibility of Contractor to minimize the financial impact to other services being provided as
much as possible.
2.10 CITY’S RIGHT TO DIRECT CHANGES
2.10.1 GENERAL
City may direct Contractor to perform additional services (including new Diversion programs, etc.)
or modify the manner in which it performs existing services or bills for services. Pilot programs
and innovative services which may entail new Collection methods, and different kinds of services
and/or new requirements for Generators and/or Contractor are included among the kinds of
changes which City may direct. Contractor acknowledges that State law may increase the
Diversion requirement during the term of this Agreement and Contractor agrees to propose
services to meet such Diversion requirements.
Contractor shall be entitled to an adjustment in its Contractor Compensation for providing such
additional or modified services, if Contractor demonstrates that its cost of service would increase,
as set forth in Sections 2.10.2 and 2.10.3. City may utilize cost components included in the
Contractor’s Proposal in calculating equitable rate adjustments.
2.10.2 NEW DIVERSION PROGRAMS
Contractor shall present, within sixty (60) days of a request to do so by City, a proposal to provide
additional or expanded Diversion services. The proposal shall contain a complete description of
the following:
Collection methodology to be employed (equipment, staffing, etc.).
Equipment to be utilized (vehicle number, types, capacity, age, etc.).
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Labor requirements (number of employees by classification).
Type(s) of Containers to be utilized.
Type(s) of material to be Collected.
Provision for program publicity/education/marketing.
Projection of the annual financial results of the program’s operations in an operating
statement format including documentation of the key assumptions underlying the
projections and the support for those assumptions.
Any other information reasonably requested by the Contract Administrator.
2.10.3 CITY’S RIGHT TO ACQUIRE SERVICES
At any time during the Term of this Agreement, City may permit other Persons besides Contractor
to provide additional Solid Waste Services not otherwise contemplated under this Agreement. If
pursuant to Sections 2.10.1 and 2.10.2, Contractor and City cannot agree on terms and conditions
of such services within ninety (90) days from the date when City first requests a proposal from
Contractor to perform such services, Contractor acknowledges and agrees that City may permit
Persons other than Contractor to provide such services, which shall be considered exempt from
the exclusivity provisions of Section 2.9.
2.11 OWNERSHIP OF SOLID WASTE AND CITY’S RIGHT TO DIRECT SOLID WASTE
Once Solid Waste is placed in Containers and properly placed at the designated Collection
location, ownership and the right to possession shall transfer directly from the Waste Generator
to Contractor by operation of this Agreement. Subject to Contractor’s objective to meet the
Source Reduction and Recycling goals which apply to City and City’s right to direct Contractor to
Process and Dispose of Solid Waste at a particular licensed Solid Waste facility or to Dispose of
Solid Waste at a particular licensed Disposal Site, if and only if City exercises such right by
providing specific written direction to Contractor, Contractor is hereby granted the right to retain,
Recycle, Process, Dispose of, and otherwise use such Solid Waste, or any part thereof, in any
lawful fashion or for any lawful purpose desired by Contractor; this does not impact Contractor’s
right to retain Recyclable Materials revenue under Section 5.3. Subject to the provisions of this
Agreement, Contractor shall have the right to retain any benefit resulting from its right to retain,
Recycle, Process, Dispose of, or reuse the Solid Waste which it Collects. Solid Waste which is
delivered to a Disposal Site or sites (whether Landfilll, Transformation Facility, Transfer Station,
Organic Materials Processing Facility or Material Recovery Facility) shall become the property of
the Owner or operator of the Disposal Site(s) once deposited there by Contractor. City may obtain
ownership or possession of Solid Waste placed for Collection upon written notice of its intent to
do so, however, nothing in this Agreement shall be construed as giving rise to any inference that
City has such ownership or possession unless such written notice has been given to Contractor.
City has the option to provide written direction to the Contractor specifying a Facility for handling,
Processing, and Disposal of Solid Waste. If City directs Contractor to a Facility other than a
Designated Facility as listed in Exhibit 3 of this Agreement, or otherwise requested by Contractor,
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and in doing so it adversely affects the ability of the Contractor to meet either or both of the
requirements of Section 11.1.3 and Section 5.2, then in this event the City and Contractor shall
meet and confer and mutually agree on revised obligations for Sections 11.1.3 and 5.2. The
foregoing notwithstanding, in the event City directs Contractor to a Facility other than a Facility
listed in this Agreement or otherwise requested by Contractor, then Contractor shall be entitled
to a rate adjustment based upon any increase or decrease in costs associated with handling,
Processing, Disposal and Transportation.
2.12 CONTRACTOR’S CORPORATE STATUS
Contractor represents and warrants that it is duly organized, validly existing and in good standing
under Applicable Laws. It is qualified to transact business in the State of California and has the
power to own its properties and to carry on its business as now owned and operated and as
required by this Agreement.
2.13 CONTRACTOR CORPORATE AUTHORIZATION
Contractor represents and warrants that it has the authority to enter into and perform its
obligations under this Agreement. The Board of Directors or partners of Contractor (or the
shareholders, if necessary) have taken all actions required by Applicable Law, its articles of
incorporation, and its bylaws or otherwise to authorize the execution of this Agreement. The
Persons signing this Agreement on behalf of Contractor have authority to do so and authority to
bind Contractor hereunder.
2.14 ANNEXATIONS
This Agreement extends to any territory annexed to the City during the term of this Agreement
except to the extent that Collection by Contractor within that annexed territory would violate the
provisions of Public Resources Code Section 49520. In such event, this Agreement shall become
effective as to such area at the earliest possible date permitted by law, and City agrees that it
shall cooperate with Contractor to fulfill any requirement necessary for Contractor to serve the
annexed area consistent with this paragraph.
2.15 PERMITS AND LICENSES
Contractor shall acquire and maintain all necessary permits and licenses for the Collecting,
Transporting, Recycling, Processing, Disposing, and storing of Solid Waste as required under this
Agreement. Failure to maintain all required permits shall be deemed a material breach of contract
for which City may terminate this Agreement as provided in Section 13.3. Contractor must follow
requirements of the Diamond Bar City Code, including, but not limited to, obtaining a City of
Diamond Bar business license.
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ARTICLE 3: SCOPE OF COLLECTION SERVICES
3.1 SERVICES TO BE PROVIDED – GENERAL
The work to be done by Contractor pursuant to this Agreement shall include, but not be limited
to, the furnishing of all labor, supervision, equipment, materials, supplies, and all other items
necessary to perform the services required. The enumeration of, and specification of
requirements for, particular items of labor or equipment shall not relieve Contractor of the duty
to furnish all others, as may be required, whether enumerated elsewhere in the Agreement or
not, unless excused in accordance with Article 13.8.
The work to be done by Contractor pursuant to this Agreement shall be accomplished in a
thorough and professional manner so that Customers within City are provided reliable, courteous
and high-quality Solid Waste Services at all times. The enumeration of, and specification of
requirements for, particular aspects of service quality shall not relieve Contractor of the duty of
accomplishing all other aspects in the manner provided in this section, whether such other
aspects are enumerated elsewhere in the Agreement or not.
3.2 RESERVED
3.3 COMMERCIAL AND MULTI-FAMILY COLLECTION SERVICES
Contractor shall provide a three-Container Collection program for the separate Collection of
Refuse, Source Separated Recyclable Materials, and Source Separated Organic Waste using
Containers that comply with the requirements of Section 4.3. Contractor shall provide a program
sufficient to enable City and Customers to meet or exceed the requirements of SB 1383
Regulations as of the start of Collection services under this Agreement. Commercial Premises
includes multi-family dwellings of five or more units. Recyclable Materials and Organic Waste
acceptable for collection are listed in Exhibit 4.
Collection frequency shall be at least once per week and more frequently if required to the waste
generated at the Premises where the Containers are located. To resolve a dispute between
Contractor and Customers, or if the City has health or safety concerns, City shall make final
determination as to the number and size of Containers, frequency of Collection to be provided to
Customers. Special consideration shall be given when determining the pickup areas to ensure that
the flow of traffic is not impeded.
3.3.1 CONTAINER SIZES
Contractor shall provide 1, 1.5, 2, 3, 4 and 6 cubic yard Bins upon request. Contractor will service
Bins equipped with compaction devices (known as compactors) that attach to the Bins if
requested by Customer. The provision, sale, or lease of the compaction device itself is outside this
Agreement. Contractor is not required to provide the compaction device.
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3.3.2 COMMERCIAL AND MULTI-FAMILY PREMISES CART SERVICE
Contractor shall offer Collection in Carts to Customers at Commercial Premises and Multi-Family
Premises of five units or more that do not have space for, or do not generate enough waste to
require the use of Bins for Collection. If Contractor and Customer have a disagreement as to
whether Cart service is appropriate, or if City determines that Collection in Carts causes health
and safety or other concerns, City shall make the final determination as to whether Collection in
Carts may occur.
3.3.3 CONTAINER COLOR
Bins and Carts shall comply with CalRecycle color and labeling requirements under SB 1383
Regulations. Contractor shall provide blue Containers for the Collection of Recyclable Materials,
green Containers for the Collection of Organic Waste and gray or black Containers for the
Collection of Refuse. Alternatively, Contactor may provide Containers with blue, green, and gray
or black lids to meet the Container color requirement.
3.3.4 RESERVED
3.3.5 RESERVED
3.3.6 SCOUT SERVICE
Upon request, Contractor shall provide scout service, whereby Contractor will access Containers
using a small vehicle either to move Containers to street or other public right-of-way for
Collection, or Collecting Solid Waste directly from Container storage location. Under no
circumstance shall Containers remain in the public right-of-way or outside of Container storage
location for a period exceeding two (2) hours. In the event of a dispute between Contractor and
Customer as to whether scout service will be used, Contract Administrator will make the final
determination.
Contractor is responsible for verifying that an encroachment permit has been obtained from the
City prior to placing a Container in the public right-of-way. If the Customer has not obtained an
encroachment permit, the Contractor shall inform the Customer that the Container shall not be
placed in the public right-of-way until the Customer provides Contractor with verification of an
encroachment permit, instructing the Customer as to how to obtain the permit. A copy of the
encroachment permit shall be affixed to the Container.
3.3.7 BIN PUSHOUT SERVICE
Contractor may not charge a fee for pushing or rolling Bins to point of Collection.
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3.3.8 LOCKING BINS
Contractor shall provide locking Bin Service (providing the hasp and lock and servicing the lock) to
Customers that request such service in accordance with the approved rate schedule, based upon
a monthly fee per locking Bin.
3.3.9 REDELIVERY/RETURN TRIP FEE
Contractor may charge a fee, per the approved rate schedule, in the event that Contractor arrives
on time for a scheduled Collection of Bins or Roll-Off Boxes, is impeded from Collection due to
Container being blocked or otherwise unable to be Collected due to issues within the Customer’ s
control, and Contractor must return for Collection prior to the Customers next scheduled
Collection. Charge may be assessed for the trip, not per Bin, in the event of a Customer with
multiple Bins.
3.3.10 CONTAMINATION WARNING NOTICES
Contractor is responsible for visually inspecting Containers (and may use on-board digital image
technology) for prohibited Container Contamination. Additionally, Contractor shall perform
contamination monitoring and inspections in compliance with the CalRecycle requirements under
SB 1383 Regulations.
Containers shall be considered contaminated if it contains more than ten percent (10%) of
prohibited Container Contamination.
Contractor shall warn Customers who have Container Contamination as required by CalRecycle
under SB 1383 Regulations.
A. 1st instance: Contractor shall take photograph(s) of Container content, Collect the
material from the Container, provide a courtesy notice that explains why the material Collected
was non-conforming, and notify the City. The written notice shall also explain the policy for non-
conforming materials, recommend corrective action, explain the consequences for repeated
instances, provide a list of acceptable and non-acceptable materials in each Container, how to
contact Contractor, and any other information required by CalRecycle.
B. 2nd and subsequent instances: In addition to the requirements under the 1st instance,
Contractor shall have the option of assessing a Contamination Fee included in the approved rate
schedule, or Contractor may refuse to Collect contaminated Containers upon written notification
to Customer indicating the reason for non-Collection, and options for corrective action. A copy of
such notice shall be delivered to the City via email upon request by the Contract Administrator or
designee.
Each written notice and photograph shall be available to the City upon request. If twelve (12)
calendar months have elapsed since a written notification was issued for a non-conforming
Container, the next instance stall be deemed the initial instance. If the Customer has changed,
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Diamond Bar – WM 35 Franchise Agreement for Solid Waste Services
and the account is new, with different occupants, owners or lessees, the written notification shall
be considered the initial instance.
3.4 ROLL-OFF BOX SERVICE
Contractor shall provide permanent and temporary Roll-Off Box Collection service upon request.
When accepting an order for Roll-Off Box service, it shall be Contractor’s duty to assist Customer
with arranging service that maximizes the Diversion of Solid Waste from Landfill Disposal.
Contractor must deliver a temporary Roll-Off Box to a Customer within forty-eight hours of
request (excluding Saturday, Sunday, and Designated Holidays). Contractor shall confirm that
Customer has obtained an encroachment permit from the City prior to Contractor placing a
Container in the public right-of-way.
The provision, sale, or lease of compactor Roll-Off Boxes, which are enclosed Containers attached
to a compaction device, is not included in this Agreement. Providing service to such compactor
Roll-Off Boxes is included.
Rates shall be charged at a set rate for the service component (per pull) plus the per-ton charge
dump) based on actual tonnage Collected. Contractor may charge a fee in the event a scheduled
Roll-Off Box Collection is impeded from Collection due to Container being blocked or otherwise
unable to be Collected and Contractor must return for Collection. There will be no charges other
than the specific charges identified in the approved rate schedule.
Roll-Off Boxes shall comply with SB 1383 Regulations color and labeling requirements.
3.5 TEMPORARY BIN SERVICE
Contractor shall provide temporary Bin Service to Customers upon request. Contractor must
deliver a temporary Bin to a Customer within forty-eight (48) hours of request (excluding
Saturday, Sunday, and Designated Holidays). Contractor shall confirm that Customer has obtained
an encroachment permit from the City prior to Contractor placing a Container in the public right-
of-way. There will be no charges other than the specific charges identified in the approved rate
schedule.
3.6 ON-CALL BULKY ITEM PICKUP
Contractor shall provide Bulky Item pickup service to all Residential Customers. Each Residential
Dwelling Unit shall be entitled to four Bulky Item pickups per calendar year at no additional
charge.
Customers may put out up to four (4) Bulky Items at each pickup. Contractor may instruct
Customers to provide Contractor with a minimum of one business days’ notice for the items,
which shall be Collected on the Customer’s regular Collection day. Contractor shall Collect all
Bulky Items as defined in Section 1.11 including items referred to as Electronic Waste or “E-
waste.”
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Diamond Bar – WM 36 Franchise Agreement for Solid Waste Services
The following provisions shall apply to this program:
1. No single item that cannot be handled by two workers will be accepted.
2. The following items will not be picked up: Hazardous Substances, Hazardous Waste,
including waste oil or anti-freeze, with the exception of Bulky Items per Section 1.11
including without limitation, Universal Wastes such as fluorescent bulbs, household
batteries, and televisions, monitors and other items commonly referred to as “e-waste”
that will be Collected by and Disposed of by Contractor in accordance with this section as
well as Sections 3.6 and 5.2.5.)
3. Contractor shall record by class and weight (in tons) the Solid Waste Collected from Bulky
Item pickups. Contractor shall record the kinds and weights (in tons) of this Solid Waste
that is Diverted from Landfill Disposal through Recycling, reuse, Transformation, or other
means of Diversion. Contractor shall include this information in its monthly reporting per
Section 8.3.1. Commercial Customers may receive Bulky Item Collection for a fee, in
accordance with the approved rate schedule.
3.7 CITY SERVICES
3.7.1 CITY FACILITIES
Contractor shall collect all Solid Waste including but not limited to Recyclables, Organics, Bulky
Items, Electronic Waste, and Construction and Demolition Solid Debris which is generated at City
government Premises at no additional cost to the City. The City shall provide Contractor with a list
of locations and number of containers, sizes, and frequency of collection from which such Solid
Waste shall be collected. Such Premises include, but are not limited to, City Hall, City offices,
parks, City yard and street maintenance operations. Solid Waste at City yard will include Solid
Waste Collected from street litter Containers. The list of City locations and the number of
containers, sizes, and frequency of collection may be modified from time to time by the Contract
Administrator without additional compensation paid to the Contractor. Solid Waste generated by
such City operations shall be collected by Contractor per a schedule provided to Contractor by the
Contract Administrator.
3.7.2 CITY-SPONSORED EVENTS
Contractor shall provide Solid Waste Collection and Disposal/Processing service for City-
sponsored events at no additional charge to City or Ratepayers. This shall include providing
Refuse Containers (Carts, Bins, Roll-off Boxes, and cardboard waste boxes with liners) to Collect
and Dispose of, or Process, all Solid Waste. Contractor shall provide Containers for the Collection
of Recyclables and Organics. It is the City's intent to alternate events assigned to Contractor with
those events it assigns to the City's Residential franchisee; however, City does not guarantee that
events will be evenly distributed based upon either level of effort or number of events. The list of
City-sponsored events may change over time and include, but are not limited to:
Concerts in the Park
City Birthday Celebration
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Diamond Bar – WM 37 Franchise Agreement for Solid Waste Services
Fourth of July
Fall Fun Festival
Winter Snow Festival
Arbor Day
Easter Egg Hunt
Earth Day
America Recycles Day
3.7.3 EMERGENCY COLLECTION AND DISPOSAL SERVICE
Contractor will assist City at the City’ s request with emergency Collection and Disposal service in
the event of major disaster, such as an earthquake, storm, riot or civil disturbance, or as
otherwise determined necessary by the City, by providing Collection equipment and drivers
normally assigned to City. Contractor may charge City for actual Disposal costs plus service rates
per the approved rate schedule.
3.7.4 ABANDONED ITEM COLLECTION FROM CITY RIGHT-OF-WAY PUBLIC PROPERTY
Contractor will Collect and Dispose of, at no additional charge to City or Ratepayers, within one
Business Day of notification from City, all items left in the City’ s right-of-way, such as sidewalks,
alleys, streets, and parkways within the routes/areas served by Contractor. Contractor will not be
required to Collect Hazardous Waste (with the exclusion of Electronic Waste and Universal
Wastes as provided in this Agreement), liquid wastes, or automobile parts that are individually
too large for Collection by two people, but will be required to Collect any items defined as Bulky
Items per Section 1.11. Contractor will properly Divert from Landfilling or Dispose of such items in
accordance with Sections 5.2.3.
3.7.5 COMMUNITY DEVELOPMENT REVIEW SERVICES
Upon City request and at no additional charge, Contractor will review building permit applicants’
plans and advise regarding adequacy of Container storage space and access, particularly to
accommodate Recycling containers.
3.7.6 LARGE VENUE EVENT ASSISTANCE
Contractor will assist planners of large venue events at no additional charge with reporting and
planning needs as may be useful in meeting the requirements of AB 2176, found at California
Public Resources Code 42648, et seq. and Contractor shall provide Recycling services upon
request to special event planners.
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Diamond Bar – WM 38 Franchise Agreement for Solid Waste Services
3.7.7 CONFISCATION OF UNAUTHORIZED CONTAINERS
1) City authorizes Contractor to confiscate illegal Collection Containers located within the
City’s public rights-of-way subject to the noticing requirements of Diamond Bar City Code
Section 8.16.870. Upon notification from City, or Contractor’s locating of an illegally
placed Container, Contractor shall begin the following procedure within 24 hours:
2) Contractor shall first place a notice on Container, directing the illegal hauler or its
Customer to remove the Container within 24-hours of notice, citing Section 8.16.870 of
the Diamond Bar City Code, indicating where the Container may be retrieved, impound
and storage costs, and warning that, should the Container not be removed by the hauler
that Container may be removed without warning. If the company can be identified and its
address ascertained, Contractor shall mail the warning as well.
3) Notify City of the notice and request authorization to impound the Container.
4) With written City approval, impound the Container if it has not yet been removed by the
illegal hauler.
5) For subsequent violations by the same company after the initial notice has been posted,
and after Contractor has mailed a warning to the company, Contractor may request
written approval from City to remove company’ s Containers immediately, mailing a
notice if address is known as to where the Container may be retrieved and impound and
storage costs. If address is unknown, Contractor shall place the notice as close as feasible
to where the Container was located.
Written approval from City under this section will include, but is not limited to, approval sent by
e- mail or facsimile.
3.7.8 PROVISION OF STORAGE CONTAINERS
Contractor will provide the City with eleven 40-cubic-yard portable storage containers to be used
for storage at City facilities and schools for the duration of the Agreement, and will maintain them
in a condition satisfactory to the City. Contractor may transfer ownership of these storage
containers to City, provided Contractor will remove and Dispose of these containers when
requested to by City.ARTICLE 4: REQUIREMENTS FOR OPERATIONS, EQUIPMENT, AND PERSONNEL
4.1 OPERATIONS
4.1.1 SCHEDULES
To preserve peace and quiet, Commercial and industrial locations may be Collected between 6:00
A.M. and 6:30 P.M. Monday through Saturday.
Contractor may not make exceptions to these Collection days and times without advance written
approval from the City. If the regularly scheduled Collection day falls on a Designated Holiday,
Collection days for the remainder of that week shall all be postponed one Collection day.
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Diamond Bar – WM 39 Franchise Agreement for Solid Waste Services
Contractor shall review its operations plan outlining the Collection routes, intervals of Collection
and Collection times for all materials Collected under this Agreement with City upon thirty (30)
days written notice requesting said review. Contractor shall submit a copy of its schedule and
route map within seven (7) Business Days if requested by City. If the plan is determined to be
inadequate by City, Contractor shall revise it incorporating any changes reasonably necessary to
make it satisfactory to City within thirty (30) days. Changes to schedules and routing shall not be
implemented without City approval and not until at least fifteen (15) Business Days following
notification to Customers. The City may restrict the timing and frequency of any route changes
based upon the City of Diamond Bar Diamond Bar City Code or any other applicable law or
requirement.
4.1.2 MISSED PICKUPS
When notified of a missed pickup (which was not justified under the provisions of this Agreement)
prior to 12: 00 p.m., Contractor shall Collect the Refuse, Recyclables, and/ or Organics that was
not Collected the same day. If notified after 12: 00 p.m., Collection must take place no later than
the next Business Day. If Contractor determined that the missed pickup was justified under this
Agreement, Contractor will notify Customer as to the reason within this same time period.
4.1.3 HOLIDAY COLLECTION SCHEDULE
Contractor shall not be required to provide Collection services or maintain non-emergency office
hours on the Designated Holidays. If the regularly scheduled Collection day falls on a Designated
Holiday, Collection days for the remainder of that week shall all be postponed one Collection day.
Only the City may change the holiday collection schedule.
4.1.4 CHANGE IN COLLECTION SCHEDULE
Contractor shall notify City forty-five (45) days prior to, and Customers not later than thirty (30)
days prior to, any change in Collection operations which results in a change in the day on which
Solid Waste Collection occurs. Contractor will not permit any Customer to go more than seven (7)
days without service in connection with a Collection schedule change. City's approval of any
change in Collection is required prior to such change, and such approval will not be withheld
unreasonably.
Any changes in the route map or Collection schedule shall require the prior approval of the City.
City may require reasonable changes to the route map or Collection schedule, to improve service,
to resolve complaints or for other reasons. Prior to the change of a route schedule, Contractor
shall provide written notice of the change to affected Customers ninety (90) days in advance.
Contractor shall coordinate with the Contract Administrator to ensure that Solid Waste Collection
is compatible with the City’s street sweeping operations. Contractor will be required to complete
their designated routes each day so as not to interfere with the City’s street sweeping operations.
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Diamond Bar – WM 40 Franchise Agreement for Solid Waste Services
4.1.5 DEDICATED ROUTES
Solid Waste Collected in the City shall not be commingled in Collection vehicles with Solid Waste
from other jurisdictions. All routes approved under this Agreement shall be dedicated exclusively
to Solid Waste Collected in the City of Diamond Bar, with the exception of Commercial Organics
routes.
4.1.6 OVERFLOWING CONTAINERS
Customers that regularly produce more Refuse than their current level of service can
accommodate may have their service level increased in accordance with the following procedure:
First Incident: If more material is placed for Collection than fits in a Container, Contractor
shall photograph the overflowing Container, Collect the Solid Waste, and send to the
Customer (at both the service and billing addresses) the picture and a letter instructing that
further instances of an overflowing Container may result in an increase in the level of service.
Second Incident: Upon the second event of an overfilled Container, Contractor shall
photograph the overflowing Container, Collect the Solid Waste, and send to the Customer the
picture and a letter requesting that Customer increase its service level. If the Customer
declines, Contractor may petition City to permit Contractor to increase the service level to
accommodate the higher demand for service.
Third and Subsequent Incidents: After the second incident of an overflowing Container and
for every subsequent incident, Contractor shall Collect the Container, and charge the
Customer an overage fee in the amount set forth in the approved rate sheet. Contractor may
also increase the Container size, collection frequency, or require an additional Container and
charge the Customer the appropriate rate(s) set forth in the approved rate schedule. City shall
consult with Contractor and consider, and may pursue as applicable, appropriate
enforcement and/or legal remedies against the offending Customer.
Contractor shall send City via e-mail or U.S. mail a copy of each letter and picture sent to a
Customer under this Section 4.1.6.
4.1.7 GRAFFITI REMOVAL
Contractor shall remove graffiti from any Container within three (3) Business Days (excluding
Saturday, Sunday, and Designated Holidays of request by City or Customer at no additional
charge. Contractor is required to proactively look for graffiti when Collecting Containers, with all
graffiti removed from Containers as stated above after any Collection without notification.
4.1.8 LITTER ABATEMENT
A. Minimization of Spills. Contractor shall use due care to prevent Solid Waste or fluids
from leaking, being spilled and/or scattered during the Collection or Transportation process. If any
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Diamond Bar – WM 41 Franchise Agreement for Solid Waste Services
Solid Waste or fluids leak or are spilled during Collection, Contractor shall promptly clean up all
such materials. Each Collection vehicle shall carry a broom and shovel at all times for this purpose.
Contractor shall not transfer loads from one vehicle to another on any public street, unless it is
necessary to do so because of mechanical failure, accidental damage to a vehicle, or a pre-
approved method of Solid Waste transfer between vehicles, without prior written approval by
City.
B. Clean Up. Contractor shall clean up litter in the immediate vicinity of any Solid Waste
storage area if Contractor has caused the litter during the Collection process. Customer shall be
responsible for cleanup of litter in Solid Waste storage area not caused by Contractor. Contractor
shall identify instances of repeated spillage not caused by it directly with the Waste Generator
responsible and will report such instances to City. Contractor may address habitual offenders in
accordance with Section 4.1.6.
In the event of a spill of materials (vehicle fluids, Organic Waste leachate, etc.), Contractor shall
provide a cleanup of the spill to the satisfaction of City and other governing agencies. Cleanup
methods may include pressure washing (Contractor must capture and reclaim water) or other
similar clean-up methods.
C. Covering of Loads. Contractor shall properly cover all open Roll-Off Boxes during Transport
to the Disposal Site.
4.1.9 HEALTH AND SAFETY TRAINING
Contractor shall provide suitable operations, health and safety training on an ongoing basis for all
of its drivers and other employees who use or operate equipment or who are otherwise directly
involved in Collection or other related operations.
4.1.10 UNAUTHORIZED MATERIAL REMOVAL
Contractor shall remove from providing service under this Agreement employees who remove
documents or any other material from Containers, other than specifically for the purposes of
Disposal and Diversion as described in this Agreement.
4.1.11 REPORT OF ACCUMULATION OF SOLID WASTE; UNAUTHORIZED DUMPING
Contractor shall direct its drivers to note (1) the addresses of any Premises serviced under this
Agreement at which they observe that Solid Waste is accumulating and which is not being place
out for Collection; and (2) the address, or other location description, at which Solid Waste has
been dumped in an apparently unauthorized manner. Contractor shall deliver the address or
description to City within five (5) Work Days of such observation.
Docusign Envelope ID: 664FE19A-5E9C-4DCA-AEE6-42577002FAE2
Diamond Bar – WM 42 Franchise Agreement for Solid Waste Services
4.1.12 ROUTE AUDIT
Once during the first year or at City request but not more than once per year, Contractor shall
conduct an audit of its Collection routes in the City. City may use information from the audit to
develop a request for proposals for a new service provider. City may instruct Contractor when to
conduct the audit in order for the results to be available for use in preparation of a request for
proposals or for other City uses. City may also instruct Contractor to conduct an audit at a time
that would produce the most accurate Customer service information for a new service provider to
use in establishing service with Customers. In setting these audit dates, City will establish due
dates for Contractor providing routing and account information, and later, the report, to City.
The route audit, at minimum, shall consist of an independent physical observation by Person(s)
other than the route driver of each Customer in City. This Person(s) is to be approved in advance
by City. The route audit information shall include, as a minimum, the following information for
each account:
Route Number;
Truck Number;
Number and size of Containers by waste stream (Refuse, Recycling, Organics)
Container condition;
Account Name;
Account Number;
Account Service Address;
Account Type (Service type);
Service Level per Contractor Billing system (Quantity, Size, Frequency, Waste Stream);
Observed Containers (Quantity, Size, Frequency, Waste Stream).
Container condition;
Proper signage; and,
Graffiti.
Within thirty (30) days after the completion of the route audit, Contractor shall submit to City a
report summarizing the results of the audit. This summary shall include:
Identification of the routes;
Route map;
Truck numbers;
Number of accounts, by route and in total (including Service types);
Confirmation that all Refuse routes are dedicated exclusively to City Customers;
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Diamond Bar – WM 43 Franchise Agreement for Solid Waste Services
Number and type of exceptions observed;
Total monthly service charge, pre-audit;
Total monthly service charge, post-audit (subsequent to corrections of identified
exceptions); and,
The report shall include a description of the procedures followed to complete the route
audit. This description shall include the names and titles of those supervising the route
audits and the name and titles of those performing the observations.
The report shall also include a description of the changes and Contractor’s plans to resolve the
exceptions. The results of the audit, and supporting back-up data, shall be available for review by
City or its representative.
4.1.13 SERVICE EXCEPTIONS; EXCLUDED WASTE NOTIFICATIONS
A. Failure to Collect. When Solid Waste is not Collected from any Solid Waste Customer,
Contractor shall notify its Customer in writing, at the time Collection is not made, through the use
of a “tag” or otherwise, of the reasons why the Collection was not made.
B. Excluded Waste Inspection and Reporting. Contractor reserves the right to reject
Solid Waste observed to be contaminated with Excluded Waste and the right not to Collect
Excluded Waste put out with Solid Waste. Contractor shall notify all agencies with jurisdiction, if
appropriate, including the California Department of Toxic Substances Control and Local
Emergency Response Providers and the National Response Center of reportable quantities of
Excluded Waste, found or observed in Solid Waste anywhere within the City. In addition to other
required notifications, if Contractor observes any substances which it or its employees reasonably
believe or suspect to contain Excluded Waste unlawfully Disposed of or released on any City
property, including storm drains, streets or other public rights of way, Contractor will immediately
notify the City Manager or the City Manager’s designee. Contractor shall implement and maintain
a training program that will assist its employees in identifying and properly disposing of any
Excluded Waste that may come into their possession.
C. Excluded Waste Diversion Records. Contractor shall maintain records showing the types
and quantities, if any, of Excluded Waste found in Solid Waste and which was inadvertently
Collected from Customers within the City, but Diverted from Landfill Disposal.
4.1.14 COLLECTION OF FORMER CONTRACTOR’S CONTAINERS
If any Solid Waste enterprise providing Solid Waste Services to Customers prior to the start of
Collection services under this Agreement does not remove the Containers it had in use prior to
the start of Collection services under this Agreement, Contractor shall Collect and
Recycle/Dispose of all such Containers at no additional charge to City or Customers.
Docusign Envelope ID: 664FE19A-5E9C-4DCA-AEE6-42577002FAE2
Diamond Bar – WM 44 Franchise Agreement for Solid Waste Services
4.2 VEHICLE REQUIREMENTS
4.2.1 GENERAL
Contractor shall provide Collection vehicles sufficient in number and capacity to efficiently
perform the work required by the Agreement in strict accordance with its terms as described in
Contractor's Proposal. Any additional vehicles/routes that may be required to meet the service
standards during the term of this Agreement, above the number included in Contractor's Proposal
shall be done so at Contractor's sole expense. Contractor shall have available on Collection days
sufficient reserve vehicles for each type of Collection vehicle, which can be dispatched within one
1) hour of any breakdown to complete the Collection routes and to respond to complaints and
emergencies. Such reserve equipment shall correspond in size and capacity to the equipment
used by the Contractor to perform the contractual duties. All equipment of Contractor used to
provide the services set forth in this Agreement shall be subject to inspection by City upon
request.
4.2.2 VEHICLE SPECIFICATIONS
A. All route Collection vehicles will be not older than 2-years and in like-new condition upon
initiation of services under this Agreement. Contractor shall operate no vehicles within
the City over 10-years in age during the initial ten-year term of this Agreement and no
older than 15-years in age during any future extensions of this Agreement.
B. Such vehicles must be registered with the California Department of Motor Vehicles and
shall have water-tight bodies designed to prevent leakage, spillage or overflow. Hoppers
shall be enclosed on top and on all sides to prevent material from leaking, blowing or
falling from the Vehicles. Each Collection vehicle shall be equipped with a shovel and
broom for clean-up of spillage. Collection Vehicles shall never be loaded to exceed the
manufacturer’s recommended weight limit or otherwise operated unsafely or in violation
of any Applicable Law.
C. At all times during the term of this Agreement, Contractor’s Collection vehicles shall
comply with Department of Transportation requirements, South Coast Air Quality
Management District Requirements and the California Air Resource Board requirements
as they are currently in force and as they may be approved for Refuse removal vehicles, as
well as other Federal, State and local laws and regulations that may be enacted during the
term of this Agreement.
D. All route Collection vehicles used by Contractor in providing Refuse, Recycling, and
Organics Collection services, excluding spares, Roll-off Box Collection vehicles, scout
vehicles, supervisor vehicles, Container delivery and other specialty vehicles used on a
sporadic basis, shall use alternative fuel such as compressed or liquified natural gas,
liquified petroleum gas, methanol, electricity, fuel cells, or other advanced technologies,
approved by the South Coast Air Quality Management District (SCAQMD) for Solid Waste
Services.
Docusign Envelope ID: 664FE19A-5E9C-4DCA-AEE6-42577002FAE2
Diamond Bar – WM 45 Franchise Agreement for Solid Waste Services
4.2.3 VEHICLE IDENTIFICATION
Contractor's name, local telephone number, and a unique vehicle identification number designed
by Contractor for each vehicle shall be prominently displayed on all vehicles, in letters and
numbers no less than six (6) inches high. City must approve truck labeling. No advertising shall be
permitted other than the name of the Contractor except promotional advertisement of the
Recyclable Materials and Organic Materials programs, other programs specific to the City, or
information requested by City pursuant to Section 4.2.9. All advertisement must be approved by
the City. Contractor shall not place City's name and/or any City logos on Contractor vehicles.
4.2.4 CLEANING AND MAINTENANCE
1) Contractor shall maintain all of its properties, vehicles, facilities, and equipment used in
providing service under this Agreement in a good, safe, neat, clean, and operable
condition at all times.
2) Vehicles used in the Collection of Refuse, Recyclable Materials, and Organics shall be
painted, thoroughly washed, and thoroughly steam cleaned on a regular basis so as to
present a clean appearance. City may inspect vehicles at any time to determine
compliance with this Agreement. Contractor shall also make vehicles available to the
County of Los Angeles for inspection, at any frequency it requests. Contractor agrees to
replace or repair to the City’s satisfaction, any vehicle which City determines to be of
unsightly appearance, leaking, or in unsatisfactory operating condition.
3) Contractor shall repaint all vehicles used in the Collection of Refuse, Recyclable Materials
and Organics at least every five years, and within thirty (30) days' notice from City if City
determines that their appearance warrants painting.
4) Contractor shall inspect each vehicle daily to ensure that all equipment is operating
properly. Vehicles which are not operating properly shall be removed from service until
repaired and operating properly. Contractor shall perform all scheduled maintenance
functions in accordance with the manufacturer's specifications and schedule. Contractor
shall keep accurate records of all vehicle maintenance, recorded according to date and
mileage, and shall make such records available to City upon request.
5) Contractor shall repair, or arrange for the repair of, all of its vehicles and equipment for
which repairs are needed because of accident, breakdown, or any other cause so as to
maintain all equipment in a safe and operable condition. Contractor shall maintain
accurate records of repair, which shall include the date and mileage, nature of repair and
the verification by signature of a maintenance supervisor that the repair has been
properly performed.
6) Contractor shall clean up any leaks or spills from its vehicles per the National Pollutant
Discharge Elimination System (NPDES) permit in effect at the time. No fluids shall be
washed into storm drains at any time. All NPDES dry-cleaning measures shall be complied
with. All Collection Vehicles must be equipped with absorbent for such cleanup efforts.
Docusign Envelope ID: 664FE19A-5E9C-4DCA-AEE6-42577002FAE2
Diamond Bar – WM 46 Franchise Agreement for Solid Waste Services
7) Upon request, Contractor shall furnish City a written inventory of all equipment, including
Collection vehicles, used in providing service. The inventory shall list all equipment by
manufacturer, ID number, date of acquisition, type, and capacity.
8) All vehicles used to provide services under this Agreement shall at all times have in the
cab the registration of the truck, evidence of insurance meeting the requirements of this
Agreement and an identification card with the name of whom to telephone in case of an
accident or emergency. Each truck shall be equipped with a minimum of a 20 -pound fire
extinguisher that has been certified by the state fire marshal. This fire extinguisher shall
be recharged as needed, but not less than once annually.
9) All trucks used to provide services under this Agreement in the City shall be required to be
completely enclosed with a nonabsorbent cover while Transporting Refuse, Recyclables or
Compostable Materials or other Solid Waste materials in or through the city. "Completely
enclosed with a nonabsorbent cover" means that Refuse, trash, Recyclable or
Compostable materials shall not be visible from the public highway, nor shall any of the
substances be permitted to leak, spill or become deposited along any public highway.
4.2.5 VEHICLE OPERATIONS
Vehicles shall be operated in compliance with the California Vehicle Code, and all applicable
safety and local ordinances. Contractor shall not load vehicles in excess of the manufacturer's
recommendations or limitations imposed by state or local weight restrictions on vehicles.
Contractor equipment used for Refuse, Recycling, and Organics services shall be registered with
the California Department of Motor Vehicles. Equipment shall comply with US EPA noise emission
regulations, currently codified at 40 CFR Part 205 and other applicable noise control regulations,
and shall incorporate noise control features throughout the entire vehicle. Noise levels of
equipment used for Collection shall comply with the Diamond Bar City Code Chapter 8.16 and in
no event shall the noise level exceed 75 dba when measured at a distance of 25 feet from the
vehicle, five feet from the ground. Contractor shall store all equipment in safe and secure
locations in accordance with City's applicable zoning regulations.
Contractor shall be responsible for any damage, normal wear and tear excepted, resulting from or
directly attributable to any of its operations, and which it causes to: City's driving surfaces,
whether or not paved, public or private; associated curbs, gutters, and traffic control devices; and
all other public and private improvements.
4.2.6 CITY INSPECTION PER CODE
City may cause any vehicle used in performance of this Agreement to be inspected and tested at
any commercially reasonable time and in such manner as may be appropriate to determine that
the vehicle is being maintained in compliance with the provisions of the State Vehicle Code,
including, but not limited to, California Vehicle Code Sections 27000(b), 23114, 23115, 42030,
42032, and all Vehicle Code Sections regarding smog equipment requirements. City may direct
the removal of any vehicle from service if that vehicle is found to be in nonconformance with
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Diamond Bar – WM 47 Franchise Agreement for Solid Waste Services
applicable codes or any provision of this Agreement. No vehicle directed to be removed from
service shall be returned to service until it conforms and its return to service has been approved
by the City.
4.2.7 VEHICLE INSPECTIONS
Upon City request, Contractor shall submit the Safety Compliance Report/Terminal Record
Update from its Biennial Inspection of Terminal, or BIT. If Contractor receives a terminal rating
below satisfactory, the Contractor is in violation of the Agreement. The Contractor has the time
allowed by the Department of California Highway Patrol (“CHP”) to cure violations and bring the
terminal rating up to satisfactory. If the CHP does not adjust the rating to satisfactory or better
within six months, then the Contractor shall be considered in default of the contract and the City
may terminate the Agreement as provided in Section 13.2.
4.2.8 CORRECTION OF DEFECTS
Following any inspection, the Contract Administrator shall have the right to cause Contractor, at
its sole cost and expense, to recondition or replace any vehicle or equipment found to be unsafe,
unsanitary or unsightly. The Contract Administrator’s decision will be final.
4.2.9 CITY INFORMATIONAL DISPLAYS
Contractor shall equip all vehicles which Collect Solid Waste within the City with informational
displays. The City shall advise Contractor as to the messages which should be displayed while
vehicles are operating for the City. The City may, at its option, have the messages to be displayed
changed once per year at no additional cost.
4.2.10 VEHICLE AND EQUIPMENT INVENTORY
On or before the effective date of this Agreement, the Contractor shall provide to the Contract
Administrator an inventory of Collection Vehicles and major equipment used by the Contractor
for Collection or Transportation in performance of services under this Agreement.
The inventory shall indicate each Collection vehicle by identification number, DMV license
number, the age of the chassis and body, type of fuel used, the type and capacity of each vehicle,
the date of acquisition, and the maintenance and rebuilt status.
The Contractor shall submit to the Contract Administrator an updated inventory including all of
the information required above in each annual report, or more often at the request of the City.
Each vehicle inventory shall be accompanied by a certification signed by the Contractor that all
Collection Vehicles meet the requirements of this Article.
4.3 CONTAINER REQUIREMENTS
4.3.1 CART REQUIREMENTS
A. Reserved
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Diamond Bar – WM 48 Franchise Agreement for Solid Waste Services
B. Cart Design Requirements. Carts shall be manufactured by injection or rotational molding
and meet the Cart design and performance requirements as specified below. All Carts selected
shall be subject to City approval. The City will not permit Carts and Cart lids with inconsistent
colors or in poor condition to be used in the City at any time during the term of this Agreement,
and may require Contractor to replace such Carts. Contractor shall ensure that all Carts in service
during the terms of this Agreement comply with CalRecycle requirements under SB 1383
Regulations.
C. Cart Colors. The Refuse, Recycling and Organics Carts or Cart lids will be differentiated
by color. The colors shall be colorfast and resistant to fading as a result of weathering or
ultraviolet degradation. Cart and Cart lid colors shall be consistent throughout the City, and shall
comply with CalRecycle requirements under SB 1383 Regulations.
D. Capacity. References to Cart sizes of 35, 64, or 96 gallons are approximate.
Acknowledging the different sizes provided by the various Cart manufacturers, the Carts shall be
uniform in appearance and must conform to the following ranges in size:
30 to 40 gallons,
60 to 70 gallons, and
90 to 101 gallons.
E. Cart Handles. The Cart handles and handle mounts may be an integrally molded part of
the Cart body or molded as part of the lid. The Cart handles will provide comfortable gripping area
for pulling or pushing the Cart or lifting the lid. Pinch points are unacceptable.
F. Cart Lid Performance. Each Container shall be provided with a lid that continuously
overlaps and comes in contact with the Container body or otherwise causes an interface with the
Container body that simultaneously:
Prevents the intrusion of rainwater, rodents, birds, and flies;
Prevents the emission of odors;
Enables the free and complete flow of material from the Container during the dump cycle
without interference with the material already deposited in the truck body or the truck
body itself and its lifting mechanism;
Permits users of the Container to conveniently and easily open and shut the lid
throughout the serviceable life of the Container;
Prevent damage to the Cart body, the lid itself or any component parts through repeated
opening and closing of the lid by residents or in the dumping process as intended;
Remain closed in winds up to 25 miles per hour from any direction. All lid hinges must
remain fully functional and continually hold the lid in the original designed and intended
positions when either opened or closed or any position between the two extremes; and,
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Diamond Bar – WM 49 Franchise Agreement for Solid Waste Services
Lid shall be designed and constructed such that it prevents physical injury to the user
while opening and closing the Container.
The lid handle shall be an integrally molded part of the lid;
The lid (and body) must be of such design and weight that would prevent an empty
Container from tilting backward when flipping the lid open; and,
The lid shall be hinged to the Cart body in such a manner so as to enable the lid to be fully
opened, free of tension, to a position whereby it may rest against the backside of the
Container body.
G. Cart Labeling and Hot Stamping. Labels used on Carts shall be placed on the inside of the
Cart lid, and hot stamps shall be on the top of the lid and/or on the body of the Cart. Each Cart
shall be hot stamped with the material type (e.g., Refuse, Recycling, Organics) in English,
Mandarin, and Korean. Labels shall include graphic instruction on what materials should and
should not be placed in each Cart. Design for both the labels and the hot stamps must be
approved by City prior to ordering labels or Carts. City shall approve what information is included
on the label and in the hot stamp, as well as approve design and quality. Labels shall be replaced
when worn, and when information on the label is in need of updating, but no later than 90 days of
request from City. Information on the Carts shall include the telephone number to call for
Contractor for Bulky Item pickups and for general Customer service. All Carts shall be labeled in
accordance with CalRecycle requirements under SB 1383 Regulations throughout the term of this
Agreement.
H. Cart Performance Requirements. All Carts shall be designed and manufactured to meet
the minimum performance requirements described below.
I. Cart Load Capacity. Depending on the capacity, the Carts shall have a minimum load
capacity as noted below without Container distortion, damage, or reduction in maneuverability or
any other functions as required herein.
Cart Capacity
Gallons)
Minimum Load
Capacity
lbs)
90-101
60-70
30-40
200
130
70
J. Cart Durability. Carts shall remain durable, and at a minimum, shall meet the following
durability requirements to satisfy its intended use and performance, for the term of this
Agreement:
Maintain its original shape and appearance;
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Diamond Bar – WM 50 Franchise Agreement for Solid Waste Services
Be resistant to kicks and blows;
Require no routine maintenance and essentially be maintenance free;
Not warp, crack, rust, discolor, or otherwise deteriorate over time in a manner that will
interfere with its intended use;
Resist degradation from ultraviolet radiation;
Be incapable of penetration by biting or clawing of household pets (i.e., dogs and cats);
The bottoms of Cart bodies must remain impervious to any damage, that would interfere with
the Cart’s intended use after repeated contact with gravel, concrete, asphalt or any other
rough and abrasive surface;
All wheel and axle assemblies are to provide continuous maneuverability and mobility as
originally designed and intended; and,
Resist degradation by other airborne gases or particulate matter currently present in the
ambient air of the City.
K. Chemical Resistant. Carts shall resist damage from common household or Residential
products and chemicals. Carts, also, shall resist damage from human and animal urine and feces.
L. Stability and Maneuverability. The Carts shall be stable and self-balancing in the upright
position, when either empty or loaded to its maximum design capacity with an evenly distributed
load, and with the lid in either a closed or open position. The Carts shall be capable of maintaining
an upright position in sustained or gusting winds of up to 25 miles per hour as applied from any
direction. The Carts shall be capable of being easily moved and maneuvered, with an evenly
distributed load equal in weight to its maximum design capacity on a level, sloped or stepped
surface.
M. Cart Repairability Or Replacement. Contractor shall be responsible for Cart repair and
maintenance, and replacing lost, stolen or damaged Carts within three (3) business days of
notification (excluding Saturday, Sunday and Designated Holidays, at no additional charge to the
Customer or to City, unless Contractor can demonstrate to the Contract Administrator that the
damage or loss was due exclusively to the Customer’s intentional or wanton destruction. Contract
Administrator shall make the final determination. All repairs must restore the Cart to its full
functionality. If City permits a Cart replacement charge to be assessed against Customer,
Contractor may charge the Customer the Cart Replacement Fee in the approved rate schedule.
Unsightly/worn-out/broken Carts shall be replaced by Contractor upon Customer request at no
additional cost to Customer.
Customers are responsible for the cleanliness and sanitation of Carts. Contractor shall steam clean
Carts upon request of Customers at the rates shown in the approved rate schedule. All Carts in
service for the duration of this Agreement shall comply with color and labeling requirements
specified by CalRecycle under SB 1383 Regulations.
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Diamond Bar – WM 51 Franchise Agreement for Solid Waste Services
4.3.2 BIN REQUIREMENTS
A. Cleaning and Maintenance. Contractor shall provide Customers with Bins required
during the term of this Agreement and maintain Containers in safe working condition. The size of
Contractor-provided Bins shall be determined by mutual agreement of Customer and Contractor.
All Bins in use shall be constructed of heavy metal, or other suitable, durable material, and shall
be watertight and well painted. Wheels, forklift slots, and other apparatuses, which were
designed for movement, loading, or unloading of the Bin shall be maintained in good repair.
Upon Customer or City request, or if required to maintain the Containers in a clean condition,
Contractor shall clean Customer Bins once per year at no additional charge.
Contractor shall perform cleaning, repainting, or replacement of Bins as necessary to prevent a
nuisance caused by odors or vector harborage, or if requested by Customer or City for an
additional charge at the rates listed in the approved rate schedule. When a Bin is removed for
cleaning, Contractor shall replace the Bin, either temporarily or as a change-out, with another
Container.
B. Bin Identification and Color. Each Bin placed in City by Contractor shall have the name of
Contractor and phone number in letters not less than three (3) inches high on the exterior of the
Bin so as to be visible when the Bin is placed for use. Bin type (Refuse, Recycling, Cardboard,
Organic Waste) may be identified with an affixed sign.
Bins shall be labeled to include English, Korean, and Mandarin and graphic instruction on what
materials should and should not be placed in each Bin. Contractor shall have labels approved by
City prior to ordering and placement on Bins. Labels shall be replaced when worn, and when
information on the label is in need of updating, but no later than 90 days of request from City.
Contractor shall repaint Bins at the City’s request if the City deems it necessary to maintain a neat
appearance. All Bins in service for the duration of this Agreement shall comply with color and
labeling requirements specified by CalRecycle under SB 1383 Regulations.
4.3.3 ROLL-OFF BOX REQUIREMENTS
Contractor shall provide sufficient Roll-Off Boxes to meet Customer demand throughout the Term
of the Agreement, and will keep all Roll-Off Boxes clean, free from graffiti, equipped with
reflectors, and with the name and phone number of Contractor in letters not less than three (3)
inches high on the exterior of the Roll-Off Box so as to be visible when the Roll-Off Box is placed
for use. Contractor shall properly cover all open Roll-Off Boxes during Transport as required by
the State Vehicle Code. All Roll-Off Boxes in service for the duration of this Agreement shall
comply with color and labeling requirements specified by CalRecycle under SB 1383 Regulations.
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4.4 PERSONNEL
4.4.1 QUALIFIED PERSONNEL
Contractor shall furnish such qualified drivers, mechanical, supervisory, clerical, management and
other personnel as may be necessary to provide the services required by this Agreement in a
satisfactory, safe, economical and efficient manner. All drivers shall be trained and qualified in the
operation of vehicles they operate and must possess a valid license, of the appropriate class,
issued by the California Department of Motor Vehicles.
4.4.2 IDENTIFICATION REQUIRED
Contractor shall provide its employees, companies, and subcontractors with identification for all
individuals who may make personal contact with residents or businesses in City. City may require
Contractor to notify Customers yearly of the form of said identification. Contractor shall provide a
list of current employees, companies, and subcontractors to City upon request.
City reserves the right to perform a security and identification check through the City's Police
Department on the Contractor and all their present and future employees employed by
Contractor to work in the City, in accordance with accepted procedures established by City, or for
probable cause.
4.4.3 HAZARDOUS MATERIAL EMPLOYEE TRAINING
Contractor shall establish and implement an educational program which will train Contractor's
employees in the identification of Hazardous Material. Contractor's employees shall not
knowingly place such Hazardous Material in the Collection vehicles, nor knowingly Dispose of such
Hazardous Materials at the Processing Facility or Disposal Site.
4.4.4 FEES AND GRATUITIES
Contractor shall not, nor shall it permit any agent, employee, or subcontractors employed by it to
request, solicit or demand, either directly or indirectly, any compensation or gratuity for services
authorized to be performed under this Agreement except as described in this Agreement, in
accordance with the approved rate schedule.
4.4.5 NON-DISCRIMINATION
Contractor shall not discriminate in the provision of service or the employment of Persons
engaged in performance of this Agreement on account of race, color, religion, sex, age, physical
handicap, or medical condition in violation of any applicable federal or state law.
4.4.6 HIRING OF DISPLACED EMPLOYEES
In accordance with Labor Code Sections 1070, 1072, 1075, and 1076, Contractor shall offer
employment to qualified existing employees of the current contractor that may be displaced if the
current contractor is not retained. Immediately following award of this Agreement, Contractor
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shall work with the current contractor to obtain a complete list of full-time non-management
employees in good standing working exclusively to provide direct Collection services to City and
Collection support services. Contractor shall conduct outreach, complete interviews, and offer
employment to eligible employees. Contractor will not be required to hire for more positions than
the maximum anticipated positions needed to provide the services required by this Agreement or
hire employees for positions if those employees have not been successfully executing duties
similar to those needed by Contractor to provide the services required by this Agreement.
4.4.7 CITY LIAISON
Contractor shall designate a person to serve as agent and liaison between the Contractor and the
City and shall maintain a telephone and a means for contact at all times including during periods
of strike or other emergencies. The Contractor's City Liaison shall meet with the City as necessary
to effectuate the purposes of the Agreement. Contractor shall immediately inform City of any
changes in the designated City Liaison. Contractor shall not change this designation without prior
approval of the City, excluding cases of termination of the employee.
4.4.8 SERVICE LIAISON
Contractor shall designate a field supervisor as the City’s “Service Liaison” who shall be
responsible for working with Contract Administrator to resolve Customer service-related
complaints. The Service Liaison shall be accessible via cell phone or radio in the field at all times.
Contractor shall immediately inform City of any changes in the designated Service Liaison.
Contractor shall not change this designation without prior approval of the City, excluding cases of
termination of the employee.
4.4.9 ENVIRONMENTAL COORDINATOR
To achieve a high level of Recycling education and awareness, Contractor will hire at least one
full-time, fully trained and experienced, environmental coordinator.
The environmental coordinator shall develop and conduct all education and outreach activities
required under the Agreement including, providing technical assistance to Multi-Family Premises,
and Commercial Customers; promoting waste reduction, Recycling, and Diversion programs;
submitting monthly reports to the City regarding waste audits, outreach activities, and any other
information requested by the City. The environmental coordinator shall fully cooperate with the
City in implementing the City’s Customer Education Plan.
4.4.10 CITY’S RIGHT TO APPROVE CITY AND SERVICE LIAISON
City may request that Contractor change the City and Service Liaisons and shall have the right to
approve the designated liaisons. Contractor shall immediately inform City of any changes in the
designated liaisons.
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Diamond Bar – WM 54 Franchise Agreement for Solid Waste Services
ARTICLE 5: PROCESSING AND DISPOSAL REQUIREMENTS
5.1 TRANSPORTATION OF DISCARDED MATERIALS
The Contractor shall Transport all Solid Waste Collected under Article 3 to the Designated
Facilities listed in Exhibit 3. The Contractor shall maintain accurate records of the quantities of
Solid Waste Transported to Solid Waste facilities and will cooperate with the City in any audits or
investigations of such quantities.
5.2 DIVERSION AND PROCESSING REQUIREMENTS
Contractor shall Recycle or Divert from landfilling sufficient Solid Waste to assist the City in its
compliance with current state law requirements. Contractor shall be considered to have met this
requirement under this Agreement if the City's annual report to CalRecycle shows compliance
with the State-mandated diversion, as may be revised by CalRecycle during the Term of this
Agreement.
5.2.1 PROCESSING OF RECYCLABLES AND ORGANICS
Contractor shall deliver all Collected Recyclables and Organics to a fully permitted Processing
Facilities capable of separating and recovering materials to maximize Diversion credit for City in
accordance with CalRecycle regulations.
All expenses related to Recyclable and Organics Material Processing and marketing will be the
sole responsibility of the Contractor. Contractor shall ensure that all Recyclables and Organics
Collected are Diverted and not Disposed of in a Landfill except as a Residue resulting from
Processing or loads rejected by the Processing Facility operator or loads not delivered to the
Processing facility by Contractor due to the presence of excessive contamination rendering the
Recyclable loads unfit for Processing.
Recyclables or Organics loads rejected by the Processing Facility operator or not delivered to the
Processing Facility due to excessive contamination shall be reported to City together with
information regarding the source or route from which it originated. Failure to do so places the
Contractor in default. The City has the option, but not obligation, to direct the Contractor where
to deliver the material.
5.2.2 END USES FOR ORGANICS
Contractor is responsible for monitoring how the Organic Material will be Diverted at selected
facilities and for selecting alternative facilities if necessary to ensure full Diversion credit. Failure
to do so places the Contractor in default. City has the option, but not obligation, to direct
Contractor where to deliver the material, and if City directs Contractor to an alternative Facility
then Contractor may request a rate adjustment in accordance with Section 2.10.
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5.2.3 BULKY ITEM DIVERSION
Bulky Items Collected by Contractor in accordance with Section 3.6, or otherwise Collected under
this Agreement, may not be Landfilled or Disposed of until the following hierarchy of Diversion
efforts has been followed by Contractor:
1) Reuse as is,
2) Disassemble for reuse or Recycling,
3) Recycle or market and sell Recyclable Materials for Recycling,
4) Disposal.
This hierarchy is intended to preclude the use of front or rear loading packer vehicles for Bulky
Items unless the compaction mechanism is not used to compact the Bulky Items, unless they have
been designated for Disposal.
5.2.4 CONSTRUCTION AND DEMOLITION DEBRIS DIVERSION
Contractor will bring all loads of mixed Construction and Demolition Debris to a C&D Designated
Processing Facility as listed in Exhibit 3 for separation and recovery of this material. Contractor
may deliver separated loads of Construction and Demolition Debris, such as clean dirt, concrete or
rebar, to facilities specializing in the reuse of such materials, provided this material is Diverted
from Landfill Disposal. Contractor shall Divert from Landfill Disposal a minimum of 75% or the
State-mandated Construction and Demolition Diversion percentage, whichever is greater, of all
Construction and Demolition Debris Collected.
5.2.5 DIVERSION OF ELECTRONIC, UNIVERSAL AND OTHER SPECIAL WASTE
Contractor shall Divert waste requiring special handling, such as Electronic Waste, or “E-Waste”
Collected in accordance with Sections 3.6, or by other means under this Agreement, by taking
these goods to a properly permitted Facility, and not by Landfill Disposal.
5.3 MARKETING AND SALE OF RECYCLABLES
Contractor shall be responsible for marketing and sale of all Recyclables Collected pursuant to this
Agreement. Contractor may retain revenue from the sale of Recyclable Materials, and shall report
the amount of such revenues to City upon request. In the event that Contractor is unable, after
reasonable diligence, to sell or donate certain Recyclable Materials due to the lack of an available
market, Contractor may request, and City may authorize Contractor, in its sole discretion, to
Dispose of said Recyclables without sale, subject to on-going review by the City. In the event
market conditions for said Recyclables change such that they can, once again, be sold by
Contractor, City may withdraw its consent for Contractor to Dispose of said Recyclables and may,
again, require Contractor to sell said Recyclables as otherwise provided in this Agreement.
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5.4 USE OF DESIGNATED FACILITIES
The Contractor, without constraint and as a free-market business decision in accepting this
Agreement, agrees to use the Designated Facilities as listed in Exhibit 3 for the purposes of
Processing and/or Disposing of all Source Separated Recyclable Materials, Source Separated
Organics Materials, Refuse, Bulky Items, and other materials Collected in the City over the Term of
this Agreement. Contractor agrees that such decision by the Contractor in no way constitutes a
restraint of trade.
The Contractor shall not knowingly deliver materials Collected under this Agreement to facilities
that do not comply in all material aspects with Applicable Law. The Contractor, and not the City,
must use reasonable efforts to assure that all Disposal, Transfer, and Processing facilities to which
the Contractor delivers material under this Agreement are properly permitted to receive material
Collected under this Agreement, except for any other facility that the City directs the Contractor
to use. Failure to comply with this provision may result in the Contractor being in default under
this Agreement.
Contractor shall actively work with the Designated Facility(ies) operator(s) throughout the Term
of this Agreement to ensure that Contamination remains below the limits established by
Applicable Law, including, without limitation, SB 1383 Regulations.
Through written notice to the City annually on or before July 1, Contractor shall identify the
facilities to which Contractor will Transport Solid Waste including Source Separated Organic
Waste, Source Separated Recyclable Materials, Refuse, Bulky Items, and other materials Collected
in the City over the Term of this Agreement.
5.5 USE OF CONTRACTOR-OWNED APPROVED FACILITIES
If the Contractor or Affiliate owns and/or operates a Designated Facility, all expenses associated
with permitting, licensing, regulatory compliance, closure and post-closure, etc. and all other
costs associated with the operation and ownership of the Designated Facility is the sole
responsibility of the Contractor. All expenses related to Processing and / or marketing of Organics
and Recyclables will be the sole responsibility of the Contractor. Any request to adjust the
Contractor’s rates shall be done in accordance with Article 10.
5.6 SOLID WASTE CAPACITY GUARANTEE
Contractor shall provide City with guaranteed capacity at those Solid Waste facilities owned or
operated by Contractor or Affiliate listed in Exhibit 3 for the Term of this Agreement.
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ARTICLE 6: OTHER SERVICES
6.1 BILLING AND CONTRACTOR COMPENSATION
The Contractor shall be solely responsible for the billing and collection of payments for all
Collection services. The Contract Administrator shall have the right to review and approve the
format of all Customer bills. The Contractor shall be entitled to set rates for all services provided
pursuant to this Agreement, provided that such rates do not exceed the maximum approved rates
in accordance with the approved rate schedule.
Contractor Compensation is exclusively derived from revenue received as a result of the Billings
for services listed on the approved rate schedule, and Contractor shall charge no additional fees
unless approved in advance by the City.
6.1.1 RESERVED
6.1.2 COMMERCIAL CART AND BIN SERVICE
Contractor shall be responsible for billing for Commercial Cart and Commercial Bin services and
other special charges as permitted in the approved rate schedule on a monthly basis. Bills must be
itemized by service type, Container size, frequency of service, discounts, and period billed for. All
bills must carry a due date, not "due upon receipt." Bills will not carry an itemization of fees
remitted to the City.
6.1.3 RESERVED
6.1.4 RESERVED
6.1.5 FORM OF PAYMENT FOR ROLL-OFF OR TEMPORARY BIN SERVICE
Contractor will accept major credit cards for payment from Customers who request temporary
Roll-Off Box or temporary Bin service that do not have an account with Contractor. Customers
without such an account who do not use credit cards may be required by the Contractor to post a
security deposit or to pay on a "Cash on Delivery C.O.D.” basis. Any unused portion of a security
deposit will be refunded to the Customer within fifteen business days of the termination of
service.
6.1.6 TEMPORARY BIN AND ROLL-OFF BOX SERVICE
1) Customers' temporary Bin and Roll-Off Box services may be Billed at the time of, or in
advance of, service, or on a monthly or bi-monthly Billing cycle.
2) Contractor may request advance payment for temporary services.
3) Contractor may require outstanding temporary services balances be paid prior to
providing subsequent temporary services.
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4) Weekly Cart Collection services shall not be suspended due to outstanding balances for
Bin or Roll-Off Box Services.
6.1.7 AUTOMATED BILLING PAYMENT
Contractor shall make available to all Customers through Contractor’s website and customer
service portal, an automated billing and payment system at no additional charge. This system
should allow Customers to view and pay bills, obtain an electronic copy of their bill, request to
cease paper billing and receive e-bills via email or through Contractor’s website. The Contractor
will ensure that the electronic billing and payment website conforms to industry-standard
practices for electronic commerce security. The Contractor must ensure that Customers receiving
e-bills are also receiving billing inserts either via electronic mail or via US Postal Service. The
Contractor shall promote the website-based billing and payment system on all paper bills sent to
Customers.
6.1.8 BILL PAYMENT BY PHONE
The Contractor shall make available to all Customers the ability to make bill payment by phone at
no additional charge.
6.1.9 REVIEW OF BILLINGS
Contractor shall review its Billings to Customers to determine that the amount which Contractor is
billing each Customer is correct in terms of the level of service being provided to such Customer
by Contractor. Contractor shall review Customer accounts annually and submit to City a written
report of that review annually on the anniversary of the Effective Day of this Agreement.
6.1.10 SUSPENSION OF SERVICE DUE TO NON-PAYMENT
In the event of non-payment by a Commercial Customer Billed by Contractor, Contractor must
follow these steps before suspending service:
First Notice: If payment is not received by 15 days after due date, Contractor shall notify
Customer in writing of the non-receipt of payment and that non-payment can result in suspension
of service.
Second Notice: If payment is not received within 15 days of the mailing of the first notice of non-
receipt of payment, Contractor shall mail a second notice of non -receipt of payment, wanting
that 1) service will be suspended in 15 days if payment is not received and that City will undertake
code enforcement against the delinquent Customer, and 2) Contractor may assess a penalty of up
to 10% on balances outstanding for sixty (60) days after the invoice date.
Contractor shall not suspend service without prior approval from City.
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6.1.11 DEBT COLLECTION
Contractor shall be responsible for bad debt. Contractor may pursue independent collections
against Customers. City will not pursue collections on behalf of Contractor.
6.1.12 CONTINUED PROVISION OF SERVICE
In the event of a Billing dispute or to avoid an immediate threat to public health or safety,
Contractor shall continue to provide service to Customers if requested in writing by City, without
regard to the status of said Customer account and at no expense to City. Billing disputes between
Contractor and Customer may be resolved by City, and City' s decision shall be final and binding.
6.1.13 NO MARKETING
The Contractor will not market or distribute mailing lists with the name or address of Customers.
The Contractor’s obligations under this subsection are in addition to any other privacy rights
accorded Customers under Applicable Law.
6.2 CUSTOMER SERVICE
All service inquiries and complaints shall be directed to the Contractor. A representative of the
Contractor shall be available to receive the complaints during normal business hours. All service
complaints will be handled by the Contractor in a prompt, courteous, and efficient manner.
6.2.1 LOCAL OFFICE
Contractor shall maintain a local office. Office Hours shall be, at a minimum, from 7:00 A.M. to
5:00 P.M., Monday through Friday, exclusive of Designated Holidays. A responsible and qualified
representative of Contractor shall be available during Office Hours for personal communication
with the public at the local office, and to receive payments from Customers. Contractor shall have
either a representative, a message machine, or an answering service available outside of Office
Hours. Calls received outside of Office Hours shall be responded to on the next business day.
Contractor shall provide City with a twenty-four (24) hour emergency number to a live person, not
voicemail.
6.2.2 CUSTOMER SERVICE PORTAL
Contractor shall maintain a company website and customer portal for all customer service
matters. The following customer transactions shall be supported both by automation (computer
interaction) and by a live customer service representative, depending on customer preference: (1)
creation of a new account; (2) closing an existing account; (3) requesting modification to service
levels; (4) submitting billing information and inquiries; and (5) identifying the next service date
when the collection date is impacted by a Designated Holiday or other schedule change).
Customer service shall be ADA compliant. The Contractor’s website, mobile applications and
customer service telephone line shall be ADA compliant.
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Diamond Bar – WM 60 Franchise Agreement for Solid Waste Services
6.2.3 CUSTOMER COMPLAINTS, INQUIRIES AND SERVICE REQUESTS
Contractor shall maintain a Customer Relationship Manager (CRM) system to record and maintain
records of all customer complaints, inquiries, and service requests received including by
telephone, voicemail, e-mail, text, written, in person or any other communication media. The
record for each incident shall include the date and time of the incident, name, address and
telephone number of caller, description of the compliant, inquiry or request, employee recording
incident, and the action taken by Contractor to respond and remedy the incident. Contractor shall
also record each instance of non-collection and the form of notification used to inform the
participants of the reasons for non-Collection and the end result or means of resolution of the
incident.
All written Customer correspondence shall be recorded into the CRM system when received and
shall be initially responded to within one (1) business day (excluding Saturday, Sunday, and
Designated Holidays) of receipt. Contractor shall use best efforts to resolve complaints within two
2) business days.
Service complaints received by City will be directed to Contractor. All forwarded complaints shall
be recorded into the CRM system.
All Customer service records and logs kept by Contractor shall be available to City upon request.
City shall, at any time during regular Office Hours, have access to Contractor's Customer service
department for purposes that may include monitoring the quality of Customer service or
researching Customer complaints.
6.2.4 CUSTOMER SERVICE STANDARDS
Customer care is among the most important aspects of the services to be required of the
Contractor. Contractor shall perform customer service at a level that can be measured by the
following standards:
A. Reserved
B. Commercial. The number of complaints for Contractor’s failure to meet its obligations
under this Agreement in any one month shall not exceed 2.5% of the number of commercial
customers served. For example, if 300 commercial accounts are served, any compliant above 8 in
any given month will be considered a separate violation of this Agreement.
C. Call Center Capacity. Contractor must maintain sufficient telephone capacity during
normal office hours to ensure that all calls will be answered in less than an average of thirty (30)
seconds. Calls will be answered in less than an average of thirty (30) seconds, and thereafter will
not be placed on hold longer than an average of one (1) minute before talking to a customer
service representative of the Contractor. This standard must be measured monthly, and the
Contractor shall not exceed this standard or it will be considered a separate violation of this
Agreement. Contractor shall ensure that all incoming calls are answered courteously and
promptly during the office hours stated above.
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Diamond Bar – WM 61 Franchise Agreement for Solid Waste Services
D. Service Standard Tracking. Contractor shall track complaints and call response time
and hold requirements and include results in its monthly report to the City. In any 12-month
period, accumulation by the Contractor of four or more separate customer service violations shall
be deemed a material breach of this Agreement and shall subject Contractor to all remedies
which are available to the City under this Agreement or otherwise. A violation is one month in
which the number of complaints exceeds the maximum permitted under Section 6.2.4(B) or one
calendar quarter in which fewer than 90% of calls placed by the City and its Customers to
Contractor are answered by a live customer service representative in less than an average of one
minute and thirty seconds as required in Section 6.2.4(C).
E. Customer Courtesy. Contractor shall train its employees in Customer courtesy, shall
prohibit the use of loud or profane language, and shall instruct Collection crews to perform the
work quietly. Contractor shall use its best efforts to assure that all employees present a neat
appearance and conduct themselves in a courteous manner. If any employee is found to be
discourteous or not to be performing services in the manner required by this Agreement,
Contractor shall take all necessary corrective measures including, but not limited to, transfer,
discipline or termination. If City has notified Contractor of a complaint related to discourteous or
improper behavior, Contractor will consider reassigning the employee to duties not entailing
contact with the public while Contractor is pursuing its investigation and corrective action
process.
6.2.5 RESOLUTION OF CUSTOMER COMPLAINTS
Disputes between Contractor and its Customers regarding the services provided in accordance
with this Agreement may be resolved by the City. The City's decision shall be final and binding.
Intervention by the City is not a condition precedent to any rights or remedies third parties might
otherwise have in any dispute with Contractor. Nothing in this section is intended to affect the
remedies of third parties against Contractor. To the extent that remedies are warranted through
this Agreement, this section shall apply.
6.2.6 EMERGENCY CONTACTS
Contractor shall provide the Contract Administrator with a twenty-four (24) hour emergency
phone number to a live person, not a voicemail, where the Contractor can be reached.
6.2.7 MULTI-LINGUAL, TDD SERVICES
Contractor shall at all times maintain the capability of responding to telephone calls in English,
Mandarin, and Korean, and such other languages as City may direct. Contractor shall at all times
maintain the capability of responding to telephone calls through Telecommunications Device for
the Deaf (TDD) Services. These capabilities shall be maintained for both the local telephone
number and the emergency telephone number.
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Diamond Bar – WM 62 Franchise Agreement for Solid Waste Services
6.3 CUSTOMER OUTREACH AND EDUCATION
The Contractor shall be responsible for Customer outreach and education. Contractor shall
develop and implement outreach and education material that describes and promotes the
Contractor’s Solid Waste Services that are available to Customers and that addresses the
requirements of AB 939, AB 341, AB 1826, and SB 1383 Diversion mandates.
Contractor agrees to take direction from City to expand Customer knowledge concerning needs
and methods to reduce, reuse and Recycle Solid Waste and to cooperate fully with City in this
regard.
All materials produced by Contractor relating to services provided under this Agreement,
including, but not limited to: print, radio, television, or internet media before publication,
distribution, and/or release, shall be approved by Contract Administrator prior to being printed
for distribution. A draft of all text and illustrations shall be provided to Contract Administrator at
least two (2) weeks in advance of production of the final document. Comments provided by the
Contract Administrator shall be reasonably incorporated, and the final version of the text and
illustrations shall be acceptable to both City and Contractor. Printed materials shall be printed on
recycled content paper consistent with SB 1383.
All of Customer education materials shall be produced and/ or available in English, Mandarin, and
Korean languages, including pictures wherever applicable.
6.3.1 ON-GOING EDUCATION REQUIREMENTS
Contractor will provide a minimum of the following Customer education items to be developed at
Contractor’s expense and distributed as indicated below:
A. Initial Mailing. Contractor will prepare and mail an initial mailing to Customers
explaining the transition from the existing Collection program to the new program under this
Agreement. The mailing will describe program changes, route changes, dates of program
implementation, and other necessary information.
B. How-To Instructional Packet. Contractor will prepare and distribute an Instructional
Packet to new Customers when they start service. At a minimum, packet should include the
following information.
Description of available services,
Explanation of when, where, and how to place Containers for Collection,
Explanation of which materials should be placed in each Container,
Service phone number and who to contact with service or billing questions.
Designated Holidays
C. Container Labels and Instructions. All Containers shall be labeled in accordance with
CalRecycle requirements under SB 1383 Regulations throughout the term of this Agreement.
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Diamond Bar – WM 63 Franchise Agreement for Solid Waste Services
Contractor will place stickers and/or hot stamp, Recyclable and Organics Carts, and will place
stickers on Bins and Roll-Off Boxes to demonstrate to Customers which materials are and are not
acceptable for placement in each Container. Stickers shall be replaced when materials change or
as labels become worn. Markings shall be written in English, Mandarin, and Korean.
D. Annual Brochure/Mailing. Not less than once per year during each Rate Year,
Contractor shall prepare and distribute to each Customer a mailing to update Customers
regarding program basics, program changes, holiday schedules and other services related
information.
Mailings should promote and explain: all Solid Waste programs offered by City and Contractor
such as Recycling, Organics, Holiday Tree, Bulky Item Collections, and FreeCycle. com) described
in detail; the environmental, regulatory, and other benefits of participating in Recycling; how to
properly Dispose of Household Hazardous Waste such as syringes, paint, etc.; Collection
schedules, including holiday schedules; Customers service numbers; and the procedures to begin
and terminate services (if moving from Premises).
The mailing shall also include all information required in 14 CCR Section 18985.1(a), including but
not limited to the requirements on:
Information on Organic Waste Generator’s requirements to properly separate materials
in appropriate containers.
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.
Information regarding the methane reduction benefits of reducing the Landfill Disposal of
Organic Waste, and the methods of Organic Waste recovery Contractor uses.
Information regarding how to recover organic waste.
Information related to public health and safety and environmental impacts associated
with the Landfill Disposal of Organic Waste.
Information regarding programs for the donation of Edible Food.
Information regarding self-hauling requirements. Contractor will update and maintain its
website to include all information covered in outreach materials; as well as the multi-
family recycling instructional materials to be utilized by property owners, Front-of-house
container labels, and links to the City’s information about Edible Food donation and self-
haul.
This brochure shall be at least four (4) pages and printed in full color. Contractor is responsible for
all associated costs.
E. Billing Inserts. City may require Contractor to insert notices in Contractor’s Billings up to
four (4) times per year. City may instruct Contractor to prepare such notices at Contractor’s
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Diamond Bar – WM 64 Franchise Agreement for Solid Waste Services
expense, or may choose to provide such notices for insertion. Additionally, City may periodically
request that Contractor include informative language directly on the invoices it sends.
F. Second Annual Mailer. Not less than once per year during each Rate Year, Contractor
shall prepare and distribute to each Customer a one (1) page, double-sided mailer printed in full
color. City and Contractor shall meet and confer to determine the subject matter of mailer.
Contractor is responsible for all associated costs. The method of delivery to Customers is at the
City' s discretion.
F. Corrective Action Notice. Contractor shall develop a corrective action notification
form for use in instances where a Customer sets out unacceptable materials for Collection, that
explains the correct manner for Disposal of such items.
G. Technical Assistance. Contractor is responsible for providing technical assistance to
Customers to promote participation in the Diversion programs included in this Agreement, and
future regulatory requirements. Contractor may utilize the services of a consultant to provide
these services upon approval by the City.
H. Website. The Contractor shall develop and maintain a website dedicated to
services provided in the City that is accessible by the public. The web site shall include answers to
frequently asked questions; holiday schedules; rates for Collection services; acceptable materials
and by waste stream (Recyclables, Organics, and Refuse); proper Household Hazardous Waste
Disposal procedures; other useful information, as well as informing Customers how to Contact
Contractor. The Contractor’s website shall provide the public with the ability to e-mail complaints
to the Contractor and request services or service changes. (see Section 6.2.2)
6.3.2 RESERVED
6.4 AB 341, AB 1826, AND SB 1383 COMPLIANCE
Contractor shall ensure the City's compliance with AB 341, AB 1826, and SB 1383 Regulations by
implementing the planned tasks, procedures, and proposed staffing assignments required by this
Agreement including those described in this Section 6.4.
Contractor shall provide a comprehensive, ongoing education and outreach program to promote
Recycling and Organics Recycling programs at Commercial and Multi-Family Premises. Throughout
the term of the Agreement, Contractor will monitor the effectiveness of existing public education
and outreach programs and identify and develop new outreach as necessary to meet State
diversion targets.
Contractor’s implementation of Commercial Recycling and Organics programs will be supported
by a dedicated SB 1383 regulatory team specializing in policy, regulatory compliance, SB 1383
program development and reporting. The team will monitor SB 1383 Regulations requirements,
overall compliance trends and changes directed by Cal Recycle and will meet regularly with the
City to review progress and advise on emerging issues and challenges. Contractor’s SB 1383
regulatory team shall consist of the following personnel.
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Diamond Bar – WM 65 Franchise Agreement for Solid Waste Services
Christine Wolf, Director, Government Affairs
Brian Bowen, Senior Regulatory Manager
Brad Cea, SB 1383 Consultant
Katy Wong, Marketing Project Manager
6.4.1 ENROLLMENT OF NON-COMPLIANT CUSTOMERS
Contractor representative will contact, by telephone, by written correspondence in the form of an
email, or by letter, and via in-person meetings, all Multi-Family and Commercial Customers not
subscribing to Recycling or Organics Collection service as required by State regulation.
Correspondence to the Customer will include educational material regarding the regulations and
provide information on how Contractor can assist Customer to become SB 1383 compliant.
Contractor representative shall assist customers with selecting appropriate Containers and
Container sizing, identifying acceptable Recyclables and Organics for Collection, and attempting to
resolve any logistical detriments to providing Recyclables and Organics Collection service.
Contractor shall provide a written proposal to each AB 341 and AB1826/SB 1383 non-compliant
Commercial Customer annually. A proposal template shall be approved by the City prior to
initiation of services under this Agreement.
The proposal shall provide:
1) Pricing for implementing Recycling and Organics service and reducing or ‘right-sizing’
refuse service to account for materials Diverted through the Contractor provided
programs.
2) A proposed start date for the implementation of new Recycling services.
3) A description of the requirements of AB 341 and AB 1826/SB 1383 and any relevant City
ordinances,
4) A plan for training staff and/or residents; and any other components as directed by the
City.
Electronic copies of all service proposals from site visits that have been submitted to a Customer
shall be provided to the City in an electronic storage format acceptable to the City, such as a
cloud-based file sharing system that can be accessed by the City or its representatives.
If a Customer rejects the proposal from the Contractor or does not provide a response within 30
days of the Contractor submitting the proposal, and, after at least three documented attempts by
the Contractor to follow-up with the Customer, the Customer continues to be non-responsive, the
Contractor may refer the Customer to the City for Enforcement Action.
Such a referral to the City by the Contractor for non-compliant accounts must include
1) A written summary and timeline of the actions taken by the Contractor to implement an
AB 341 and AB 1826/SB 1383-compliant program.
2) A copy of the written proposal submitted to the Customer by the Contractor; and
3) Any written correspondence from the Customer to the Contractor.
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Diamond Bar – WM 66 Franchise Agreement for Solid Waste Services
If, after the City begins enforcement proceedings against the Customer, the Customer agrees to
comply and implement an AB 341 and AB 1826/SB 1383 compliant program, the City will notify
the Contractor of the Customer’s willingness to comply and the Contractor will coordinate with
the Customer to implement an AB 341 and AB 1826/SB 1383 compliant program.
Contractor will report all Customers that have service levels within the thresholds of AB 341 on
reporting forms provided by the City on a monthly basis. The report will document whether the
Customer receives Recycling service from the Contractor, self-recycles, or receives Recycling from
a third party. Any internal Recycling programs or third-party recycling programs that the
Contractor encounters while conducting Customer site visits shall be documented using a City-
approved electronic reporting form and provided in an electronic format such as a cloud-based
file-sharing system that can be accessed by the City or its representatives.
6.4.2 ON-GOING ON-SITE TRAINING
All Organics Recycling participants shall receive ongoing, on-site training from Contractor for
management, kitchen staff, service employees, janitors, etc. Annually, Contractor will create and
distribute a letter to all Customers that are enrolled in the Contractor’s Organics Recycling
program to offer re-training services, printed collateral such as signage and posters, and general
technical assistance. Additional materials may include instructional posters, brochures,
educational presentations, bin signage, enclosure signage, stickers to be attached to internal
recycling receptacles, or other formats as mutually agreed to between City and Contractor. All
outreach materials must be submitted for review and approval by City prior to distribution.
Contractor shall provide a report, on City-approved forms, to the City noting the time, Customer
contact, name of Contractor’s staff that contacted the Customer, and result of each meeting and,
if the Customer will not agree to a meeting, provide the time of contact, Customer contact name
and number, and reason for not accepting a meeting. Reports will be updated on a monthly basis
and submitted with Contractor monthly reports to the City.
6.4.3 SB 1383 DASHBOARD
Contractor shall develop an SB 1383 Dashboard to manage customer compliance. The Dashboard
will aggregate key data points from various systems, including customer service levels, any
waivers previously granted by the City, or other mitigating compliance factors, such as internal
third-party recycling programs. Contractor shall provide a list of customers not subscribing to
recycling and/or organics service to the City annually.
6.4.4 ROUTE REVIEWS
Contractor shall conduct route reviews for prohibited container contaminants on randomly
selected Collection routes annually in compliance with the requirements of SB 1383 Regulations
Section 18984.5 (b). Containers may be randomly selected along a Collection route. Contractor
shall report to the City any instances of contamination and actions taken, as well as the
methodology utilized for the route review in such form and format as is needed by the City for
reporting to CalRecycle. Every container on a Collection route does not need to be sampled
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annually. Contractor shall distribute contamination notices complying with education and
notification requirements of SB 1383 Regulations Section 18995.1 (a) (4) subject to City pre-
approval.
6.4.5 WASTE STREAM AUDITS
Contractor will conduct annual waste stream audits to determine quantities of refuse, recyclables,
and organics generated by Customers and to assist Customers in ‘right-sizing’ their collection
levels.
6.4.6 EXEMPTION/WAIVER ASSISTANCE
Commercial Premises may be granted a waiver by City from recycling, organics recycling for reasons
of self-hauling, alternative arrangements, de minimis generation, or space limitations as may be
specified in City and State regulations. Contractor shall cooperate by evaluating requests for
exemption/waiver from SB 1383 Regulations requirements and providing the City periodic
recommendations for exemption/waiver approval, including a site visit and re-evaluation at least
every five years as required by regulations. City shall provide Contractor with a record of each
granted waiver, and Contractor shall enter each waiver into Contractor’s Customer file.
6.4.7 EDIBLE FOOD RECOVERY
Contractor shall assist City with its Edible Food Recovery program by reporting new Commercial
Customers and providing Commercial Customers with information about the program.
Within ninety (90) days of the Effective Date of this Agreement, Contractor shall provide City
information regarding new Commercial customers classifying them as Tier One and Tier Two
Commercial Edible Food Generators including Customer name, service address, contact
information, Tier One or Tier Two classification, and type of business. Annually, Contractor shall
provide City with an updated report identifying Tier One and Tier Two Commercial Edible Food
Generators.
Contractor will create customized educational materials that highlight how and where the City of
Diamond Bar community can participate in edible food recovery and donation. Contractor’s
recycling and sustainability manager will serve as liaison between the commercial customers and
food recovery organizations to support a successful food recovery program in the City.
6.4.8 PROCUREMENT OF RECOVERED ORGANICS WASTE PRODUCTS
Contractor shall ensure sufficient capacity of California recovered organics waste products to
meet the mandatory procurement requirements for jurisdictions contained in SB 1383
Regulations, as may be amended, during the term of this Agreement including Agreement
extensions granted by the City as provided in this section.
Contractor shall procure sufficient compost, mulch, and/or renewable natural gas to meet forty
percent (40%) of the City’s per capita requirement contained in SB 1383 Regulations. Contractor
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shall provide assurance through the execution of a liability waiver stating that all organic waste
products provided by the Contractor and used within the City are free from pathogens and
inorganic waste material that may be harmful to the health and welfare of the City. The
Contractor shall indemnify and hold harmless the City against any claims arising from
contaminated recovered organic waste products provided by the Contractor as set forth in
Section 11.1. Contractor may meet this obligation by one or a combination of the following
activities:
1) Bulk Compost and/or Mulch Reserved for Jurisdiction. Contractor shall make available
Compost or Mulch for use in City parks and facilities at no cost to the City. Contractor will
work closely with City staff to assist with providing compost/mulch material for the City’s
own facility needs.
2) Procurement Credits. Contractor will secure procurement credit for the City to meet SB
1383 Regulations purchasing requirements through the sale of material on behalf of the
City. The transaction will be handled entirely, at its sole expense, by Contractor on the
City’s behalf, and documented to meet Cal Recycle reporting requirements with no
liability to the City.
3) Use of Renewable Natural Gas in Collection Vehicles.
6.4.9 EDUCATION & OUTREACH FOR AB 341, AB 1826, AND SB 1383 DIVERSION
Contractor will incorporate education regarding Recyclables and Organics Collection and the State
requirements into materials produced under Section 6.3 and will develop its own Recycling and
Organics-specific instructional materials for use in educating participating Customers including the
following.
1) Community Workshops. The Contractor’s Recycling and Sustainability Manager will host
community workshops to discuss recycling programs and services and offer an
opportunity for customers to ask questions and receive answers in-person. The
workshops will cover State mandates, recycling programs, and information about services
provided by Contractor. At the inception of the Agreement, Contractor will conduct as
many workshops as needed with a minimum of bi-annual meetings for the term of the
Agreement.
Contractor will work with the local Chamber of Commerce and other civic groups and
service organizations to conduct presentations to the business community about State
mandates (AB 341, AB 1826, SB 1383), the benefits of recycling services and available
services and programs.
2) HOAs/Property Manager Meetings. Contractor’s Recycling and Sustainability Manager
will attend HOA meetings and work closely with HOA’s and property management
representatives to reach multi-family tenants directly by using the property’s
communication channels such as newsletters, email system, etc. to ensure that tenants
are receiving recycling communication.
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Diamond Bar – WM 69 Franchise Agreement for Solid Waste Services
3) Professional How-To Videos. Contractor shall produce how-to videos that address
relevant topics to educate customers on how correctly sort out materials into the correct
containers and to support good recycling habits. Contractor will have How-To videos at
the inception of the agreement and will continue to develop additional videos throughout
the term of the Agreement.
ARTICLE 7: FRANCHISE FEE, CALRECYCLE COMPLIANCE FEE, VEHICLE
IMPACT FEE, AND OTHER FEES
In addition to any other consideration set forth herein, as part of its consideration for entering
into this Agreement, and for the exclusive Franchise, right and privilege to provide Solid Waste
Services as specified herein, Contractor shall provide the following:
7.1 FRANCHISE FEE
Contractor shall pay the City a Franchise Fee of One-Hundred Twenty-Three Thousand dollars
123,000) annually as adjusted herein.
The Franchise Fee shall be paid in monthly installments over the course of each Rate Year. The
initial monthly payment shall be Ten-Thousand Two-Hundred Fifty dollars ($10,250) due under
the terms of Section 7.6. The foregoing notwithstanding, beginning with Rate Year 2 (July 1, 2026)
and for all subsequent Rate Years, the amount of the Franchise Fee shall be adjusted annually in
an amount equal to the percentage increase in the Consumer Price Index for the Los Angeles-Long
Beach-Anaheim Metropolitan Area, all urban consumers, not seasonally adjusted, for the twelve
12) month period ending December (CPI). If there is no increase in the CPI or if the CPI decreases,
the Franchise Fee shall remain unchanged from the previous Rate Year.
Contractor and City agree that this Franchise Fee was set through good faith negotiations and
represents the reasonable value of the public right-of-way franchise rights granted to Contractor
under this Agreement and is a cost paid solely by the Contractor. Invoices submitted to Customers
by Contractor shall not reference the Franchise Fee.
7.2 CALRECYCLE COMPLIANCE FEE
Contractor shall pay to the City a CalRecycle Compliance Fee of Three-Hundred Seventy-Five
Thousand dollars ($375,000) annually as adjusted herein. The CalRecycle Compliance Fee amount
represents a reasonable allocation of the City’s budgeted costs to comply with State mandates
resulting from the enactment of AB 939 and subsequent related legislation including, but not
limited to: AB 2176 (Chapter 879, Statutes of 2004), SB 1016 (Chapter 343, Statutes of 2008), AB
341 (Chapter 476, Statutes of 2011), AB 1826 (Chapter 727, Statutes of 2014), SB 1383 (Chapter
395, Statutes of 2016) and SB 1383 Regulations, which require jurisdictions to implement solids
waste Collection programs, meet Processing facility requirements, conduct contamination
monitoring, provide education, maintain records, submit reports, monitor compliance, conduct
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enforcement, and fulfill other requirements. Invoices submitted to Customers by Contractor shall
not reference the CalRecycle Compliance Fee.
The CalRecycle Compliance Fee shall be paid in monthly installments over the course of each Rate
Year. The initial monthly payment shall be Thirty-One Thousand Two-Hundred Fifty dollars
31,250) due under the terms of Section 7.6. The foregoing notwithstanding, beginning with Rate
Year 2 (July 1, 2026) and for all subsequent Rate Years, the amount of the CalRecycle Compliance
Fee shall be adjusted annually to reflect increases in the CPI, as defined in Section 7.1. If there is
no increase in the CPI or if the CPI decreases, the CalRecycle Compliance Fee shall remain
unchanged from the previous Rate Year.
7.3 RESERVED
7.4 RESERVED
7.5 CONTRACTING FEE
Contractor shall make a one-time lump sum payment of One Hundred Thousand Dollars
100,000) within seven (7) Business Days of execution of this Contract to reimburse the City for
costs it incurred in connection with entering into this Agreement.
7.6 TIME AND METHOD OF FEE PAYMENTS TO THE CITY
On or before the thirtieth (30th) day month following the end of calendar month, during the Term
of this Agreement, Contractor shall remit to City The Franchise Fee and the CalRecycle
Compliance Fee as described in section 7.1 through 7.2.
The fee payments shall be submitted with an itemized statement identifying the amount of each
fee. If the fees are not paid to the City on or before the thirtieth (30th) day following the end of
the calendar month, Contractor shall pay to City a penalty in an amount equal to ten percent
10%) of the amount of each delinquent fee, or portion thereof, owing for that month. Contractor
shall pay an additional ten percent (10%), on any unpaid balance for each following each thirty
30) day period the fees remain unpaid. Late payment penalties shall not be included in any
revenue requirement.
ARTICLE 8: RECORDS, REPORTS AND INFORMATION REQUESTS
8.1 GENERAL
Contractor shall maintain such accounting, statistical and other records related to its performance
under this Agreement as shall be necessary to develop the financial statements and other reports
required by this Agreement. Also, Contractor agrees to conduct data collection, information and
record keeping, and reporting activities needed to comply with Applicable Laws and regulation
and to meet the reporting and Solid Waste program management needs of City. To this extent,
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such requirements set out in this and other Articles of this Agreement 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 is not meant to define exactly what the records and reports are
to be and their content. Further, with the written direction or approval of City, 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.
8.2 RECORDS
8.2.1 GENERAL
Contractor shall maintain records required to conduct its operations, to support requests it may
make to City, and to respond to requests from City in the conduct of City business. Adequate
record security shall be maintained to preserve records from events that can be reasonably
anticipated such as a fire, theft, and earthquake. Electronically maintained data/records shall be
protected and backed up. All records shall be maintained for five (5) years, and shall continue to
be available for five (5) years after the expiration of this Agreement. After minimum holding
periods are met, Contractor will notify City 90 days before destroying records and offer records to
the City.
City shall have the right to inspect or review the specific documents or records required expressly
or by inference pursuant to this Agreement, or any other similar records or reports of Contractor
or its Affiliates that City shall deem, in its sole discretion, necessary to evaluate annual reports,
and Contractor' s performance provided for in this Agreement.
Contractor agrees that the records of any and all companies conducting operations addressed in
the Agreement shall be provided or made available to City and its official representatives during
normal business hours. Account histories shall be accessible to the City by computer for a
minimum of five (5) years after termination of the Agreement.
Contractor shall make all records and documents to be reviewed and inspected by City as a part of
any audit or other record review conducted by City, available for City' s review, inspection and
copying within five (5) days of receiving written notice from City requesting the same.
Additionally, City may review records at Contractor' s local facility during normal business hours,
within five (5) days of request during normal business hours. Such records include, but are not
limited to, financial, Solid Waste, CERCLA and Disposal records.
8.2.2 FINANCIAL RECORDS
Contractor shall maintain financial records and expense and revenue information pursuant to its
operations pursuant to this Agreement shall be segregated from other areas served by
Contractor.
Contractor shall maintain at least the following records:
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Audited financial statements for Contractor or, if a guarantee was provided, for the
parent company guarantor as a whole;
Financial statements (compiled, reviewed, or audited) of revenue and expense for this
Agreement segregated from the other operations of Contractor (including without
limitation those operations of Contractor in City and surrounding jurisdictions which are
not covered by this Agreement), including a description of segregation methodology; and,
Complete descriptions of related party transactions (corporate and/or regional
management fees, inter-company profits from Transfer, Processing or Disposal operations
and supporting data).
8.2.3 SOLID WASTE RECORDS
Contractor shall maintain and make available to the City upon request the following records
relating to its operations pursuant to this Agreement:
A. Customer services, billing, and City payment records;
B. Tons Collected, Processed, Diverted, and Disposed by waste stream (Refuse, Recycling,
Organics), by Customer type (Multi-Family, Commercial, and Roll-Off Box), and facilities
Transfer Station, MRF, Organic Material Processing Facility, Transformation Facility or
Landfill) where such material was taken (Multi-Family versus Commercial tonnage may be
estimated based upon Container distribution or other method approved by City);
C. Quantity of Recyclable Materials recovered by material type;
D. Bulky Item, results including tons Disposed and Diverted;
E. Special Events tons including tons Disposed and Diverted;
F. Routes;
G. Facilities, equipment and personnel used;
H. Facilities and equipment operations, maintenance and repair;
I. Number of Refuse, Recycling and Organics Containers in service;
J. Complaints; and,
K. Missed pickups.
Contractor shall maintain copies of said Billings and receipts, each in chronological order, for a
period of five (5) years after the date of service and shall make said documents available for
inspection by City upon request. Contractor may, at its option, maintain those records in
computer form, on microfiche, or in any other manner, provided that the records can be
preserved and retrieved for inspection and verification in a timely manner, are sufficient to verify
accuracy of any Fees owed to the City, and may be produced in a form and manner sufficient to
establish the existence of Customer obligations in a court of competent jurisdiction.
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8.2.4 CERCLA DEFENSE RECORDS
City views the ability to defend against the Comprehensive Environmental Response,
Compensation and Liability Act (CERCLA), State Hazardous Substance Law, and related litigation as
a matter of great importance. For this reason, the City regards the ability to prove where Solid
Waste Collected in the City was taken for Disposal, as well as where it was not taken, to be
matters of concern. Contractor shall maintain data retention and preservation systems which can
establish where Solid Waste Collected in the City was Landfilled (and therefore establish where it
was not Landfilled) and provide a copy or summary of the reports required in Section 8.3 for five
5) years after the term during which Collection services are to be provided pursuant to this
Agreement, or to provide copies of such records to City.
Contractor agrees to notify City’s Manager and City Attorney before destroying such records and
to offer records to the City. This provision shall survive the expiration of the period during which
Collection services are to be provided under this Agreement.
8.2.5 OTHER PROGRAMS’ RECORDS
Records for other programs shall be tailored to specific needs. In general, they shall include:
A. Plans, tasks, and milestones; and,
B. Accomplishments in terms such as dates, activities conducted, quantities of products
used, produced, or distributed, and numbers of participants and responses.
8.2.6 AUDIT
City may conduct an audit of Contractor at any time. The scope of the audit, and auditing party,
will be determined by City and the scope may include, but is not limited to:
A. Extraordinary rate adjustment request;
B. Compliance with terms of this Agreement;
C. Customer service levels and Billing;
D. Fee payments;
E. Gross Receipts;
F. Tonnage;
G. Complaint log;
H. Compliance with Mandatory Commercial Recycling, Mandatory Commercial Organics, and
SB 1383 Regulations; and
I. Verification of Diversion rate.
The first audit, to be performed during calendar year 2027, will be based on the Contractor' s
reports and records from the start of the Agreement through calendar year 2026. Audits may be
performed every third year thereafter (the triennial audit) and will be based on the period from
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the end of the previous audit through the end of the calendar year before the year in which the
audit is to be performed.
Contractor will reimburse the City the cost of such audits (including audits conducted by City staff)
as shown in the following table.
Audit Performed Audit Amount
2027 $90,000
2030 $98,000
2033 $108,000
Audit payments from the Contractor to the City are due January 1 of the year the audit is being
performed.
Should the Agreement be extended beyond the extension terms as described in Section 2.5, the
audits shall continue every third year, and each additional audit amount shall be increased by ten-
thousand dollars ($10,000) per audit period for audits conducted after 2035.
Should an audit conducted or authorized by the City disclose that Franchise or other fees payable
by the Contractor were underpaid by two percent (2%) or more, or that tonnage was mis-
reported by 2% or more, or that more than 2% of the Customers were inaccurately billed, for the
period under review, City may expand the scope of the audit and Contractor shall pay for
additional audit costs.
8.2.7 PAYMENTS AND REFUNDS
Should an audit by the City disclose that any of the City fees payable by the Contractor were
underpaid or that Customers were overcharged for the period under review, Contractor shall pay
to City any underpayment of City fees and/or refund to Contractor's Customers any overcharges
within sixty (60) days following the date of the audit. Contractor shall pay interest to the City for
any underpayment or overcharges at an annual rate of 6%. Undercharges shall not be billed in
arrears for more than ninety (90) days of service, with any remaining undercharges absorbed by
Contractor. Should an audit disclose that fees were overpaid, City shall credit such amounts
against future fees payable by Contractor with interest of 6%.
8.3 REPORTS
The parties acknowledge that City will require reporting by Contractor at various intervals by
which information important to City can be compiled and analyzed. Throughout the Term the
parties agree to work together to address City's needs with respect to the information to be
contained in reports prepared by Contractor. The following is intended as a starting point in
order to have established an objective baseline for reporting, but the frequency and content of
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the reports called out below may be changed by agreement of the parties, provided any such
change is approved by the City Manager in writing. 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:
Determine and set rates and evaluate the efficiency of operations;
Evaluate past and expected progress toward achieving AB 939 goals and objectives;
Provide concise and comprehensive program information and metrics for use in fulfilling
reporting requirements under Applicable Law;
Determine needs for adjustment to programs; Determine Customer compliance with AB
341, SB 1826, SB 1383 Regulations, and any subsequent State-mandated Recycling
requirements;
Evaluate Customer service and complaints.
The minimum report format is included as Exhibit 7. Contractor may propose additional report
formats that are responsive to the objectives and audiences for each report. The format of each
report requires approval by City. The Contractor agrees to submit all reports by electronic means
in a format compatible with City’s software/computers at no additional charge, if requested by
City. Contractor will provide a certification statement, under penalty of perjury, by an authorized
Contractor official, that the report being submitted is true and correct.
Monthly reports shall be submitted within 30 calendar days after the end of the reporting period.
Annual reports shall be submitted within sixty (60) days following the reporting year. If requested,
Contractor’s complaint summary, shall be sent to the Contract Administrator within five days of
request.
All reports shall be submitted electronically and in an electronic format compatible with City’s
software/computers, at no additional charge, to City Manager and / or other City staff designated
by the City Manager at e-mail addresses to be provided by City. City may additionally request hard
copies, which would be delivered to:
City Manager (or designated representative)
City of Diamond Bar
21810 Copley Driver
Diamond Bar, CA 91765
8.3.1 MONTHLY REPORTS
A. Solid Waste Collected by Contractor for each month, sorted by type of Solid Waste
Refuse, Recyclable and Organic Materials) and type of Customer ( Commercial or Roll-Off
Box Service) in tons, and the facilities where the tons were Processed or Disposed. Bulky
Waste items shall be reported as a separate line item. This report is to be submitted in
Microsoft Excel, or another software as requested by City.
B. Diversion level for each month and the cumulative year-to-date Diversion level, where
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Diversion level shall be calculated as: (Discarded Materials Collected- Solid Waste
Collected –Residue Disposed) / Discarded Materials Collected.
C. Summary of Customer subscription data, including the number of accounts.
D. Number of waivers reviewed and reverification inspections performed.
E. Number of warning notices issued for contaminated Recyclable and Organics Containers,
and tags or notifications for Excluded Waste improperly placed for Collection in
accordance with Sections 3.3.10 and 4.1.13(A).
F. Narrative summary of problems encountered and actions taken with recommendations
for City, as appropriate.
G. Customer complaint logs as described in Section 6.2.3.
H. Number of route reviews conducted.
I. Copies of promotional and public education materials sent during the quarter.
J. Record of the date and to whom the promotional and public education material was
disseminated. For any mass distribution through mailings or bill inserts, provide a record
of the date, the type and number of accounts that received the information.
K. Commercial recycling and organics site visits summary, including the name and address of
Customer, the date of the visit and the contact name and phone number, demonstrating
that the required visits have been made, and reason provided for not establishing a
recycling or organics program, in accordance with Sections 6.4. The site visit summary will
be completed on forms approved by the City.
L. List of Customers that are required to participate in an Organics Recycling program per
Public Resources Code Section 42649.81.
M. List of Commercial and Multi-Family Premises Customers that do and do not participate in
an Organics program, whether the Organics program is provided by Contractor or another
party, and whether the program is for Food Waste and/or Yard Waste (such as a
landscaper that composts or otherwise Diverts Organic Materials).
N. Commercial and Multi-Family Customers participating in food recovery programs.
O. Commercial and Multi-Family Customers using third-party recycling.
P. Additional information that may be requested by CalRecycle or City related to Recycling
and Organics programs.
8.3.2 ANNUAL REPORTS
The Annual Report is to be essentially in the form and content of the monthly reports combined,
but shall also include:
A. A complete inventory of equipment used to provide all services (such as vehicles and
Containers by size and waste stream type Container is used for).
B. Results of route audits.
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C. Number of routes and route hours per day by type of service.
D. Copy of Hazardous Waste Diversion records showing types and quantities, if any, of
Hazardous Waste that was inadvertently Collected, but Diverted from Landfill Disposal.
E. Copies of all public education and outreach distributed during the reporting year including the
date of distribution.
F. A narrative summary of all City-sponsored, civic, and school events attended.
G. Copies of invoices documenting the amount of RNG used to provide services in the City. If
routes are commingled with other jurisdictions, Contractor must use an allocation method to
quantify the City’s allocated amount.
8.3.4 FINANCIAL REPORTS
The City may, at City’s option, request the Contractor's audited financial reports/statements (or
parent company, if parent company submits Corporate Guaranty of Performance), and
Contractor’s internally prepared supplemental statement of income and expenses related
specifically to the City Diamond Bar operations, for the most recently completed fiscal year in
connection with an extraordinary rate adjustment request, billing audit, Franchise Fee audit, or
verification of other information required under this Agreement.
The financial statements and footnotes shall be prepared in accordance with Generally Accepted
Accounting Principles (GAAP) and audited, in accordance with Generally Accepted Auditing
Standards (GAAS) by a certified public accountant (CPA) licensed (in good standing) to practice
public accounting in the State of California as determined by the State of California Department of
Consumer Affairs Board of Accountancy. The cost for preparation of the financial statements and
audit shall be borne by Contractor as a direct cost of service. In addition, Contractor shall provide
to City the supplemental schedule on a compiled basis showing Contractor's results of operations,
including the specific revenues and expenses in connection with the operations provided for in
this Agreement, separated from others included in such financial statements.
8.4 REPORTING ADVERSE INFORMATION
Contractor shall provide City two copies (one to the Contract Administrator, one to the City
Attorney) of all reports, pleadings, applications, notifications, Notices of Violation,
communications or other material relating specifically to Contractor’s performance of services
pursuant to this Agreement, submitted by Contractor to, or received by Contractor from, the
United States or California Environmental Protection Agency, CalRecycle, the Securities and
Exchange Commission or any other federal, state or local agency, including any federal or state
court. Copies shall be submitted to City simultaneously with Contractor’s filing or submission of
such matters with said agencies. Contractor’s routine correspondence to said agencies need not
be routinely submitted to City, but shall be made available to City promptly upon City’s written
request.
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8.5 RIGHT TO INSPECT RECORDS
City shall have the right to inspect or review the specific documents or records required expressly
or by inference pursuant to this Agreement, or any other similar records or reports of Contractor
or its related party entities that City shall deem, in its reasonable discretion, necessary to evaluate
annual reports, compensation applications provided for in this Agreement and Contractor's
performance provided for in this Agreement. Contractor shall make all records and documents to
be reviewed and inspected by the City as a part of any audit or other record review conducted by
the City, available for the City’s review, inspection and copying within five business days
excluding Saturday, Sunday and Designated Holidays) of receiving written notice from the City
requesting the same.
8.6 FAILURE TO REPORT
The refusal or failure of Contractor to file any required reports, or to provide required information
to City, or the inclusion of any materially false or misleading statement or representation by
Contractor in such report shall be deemed a material breach of the Agreement and shall subject
Contractor to all remedies which are available to the City under the Agreement, the Diamond Bar
City Code, or otherwise.
ARTICLE 9: REVIEW OF SERVICES AND PERFORMANCE
9.1 PERFORMANCE REVIEW MEETING
City may hold a meeting annually to review Contractor's Solid Waste Collection efforts, source
reduction, Processing and other Diversion services and overall performance under this Agreement
the " Solid Waste Services and Performance Review Meeting"). The purpose of the Solid Waste
Services and Performance Review Meeting is to provide for a discussion and review of
technological, economic, and regulatory changes in Collection, source reduction, Recycling,
Processing and Disposal to achieve a continuing, advanced Solid Waste Collection, source
reduction and Recycling and Disposal system; and to ensure services are being provided with
adequate quality, effectiveness and economy, and in full compliance with the terms of this
Agreement. Topics for discussion and review at the Solid Waste Services and Performance Review
Meeting shall include, but shall not be limited to, services provided, feasibility of providing new
services, application of new technologies, Customer complaints, amendments to this Agreement,
developments in the law, new initiatives for meeting or exceeding AB 939's goals, regulatory
constraints, results of route audits, and Contractor performance. City and Contractor may each
select additional topics for discussion at any Solid Waste Services and Performance Review
Meeting.
City shall notify Contractor of its intent to hold a Solid Waste Services and Performance Review
Meeting at least sixty (60) days in advance thereof. Thirty (30) days after receiving notice from
City of a Solid Waste Services and Performance Review Meeting, Contractor shall submit a report
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to City which may contain such information as it wishes to have considered, and shall contain the
following:
A. Current Diversion rates and a report on Contractor' s outreach activities for the past year.
B. Recommended changes and/ or new services to improve City' s ability to meet the goals of AB
939 and to contain costs and minimize impacts on rates. A specific plan for AB 939 compliance
shall be included.
C. Any specific plans for provision for new or changed services by Contractor.
The reports required by this Agreement regarding Customer complaints shall be used as one basis
for review of Contractor' s performance, and Contractor may submit other relevant performance
information and reports for consideration at the Solid Waste Services and Performance Review
Meeting. In addition to the above, City may request Contractor to submit any other specific
information relating to its performance for consideration at the Solid Waste Services and
Performance Review Meeting, and any Customer may submit comments or complaints during or
before the Meeting, either orally or in writing. Contractor shall be present at and participate in
the Solid Waste Services and Performance Review Meeting.
As a result of its findings following any Solid Waste Services and Performance Review Meeting,
City may require Contractor to provide expanded or new services within a reasonable time and
City may direct or take corrective actions for any performance inadequacies ( although nothing
contained in this provision should be construed as requiring City to hold a Solid Waste Services
and Performance Review Meeting in order to enforce any rights or remedies it has pursuant to
the terms hereof.) Should City require expanded or new services as a remedy for Contractor' s
failure to perform its obligations hereunder, no additional compensation shall be due for such
services. Otherwise, any new or expanded services required of Contractor shall be subject to the
provisions of Section 2. 10.
9.2 PERFORMANCE SATISFACTION SURVEY
If requested by the City, Contractor will create and conduct a Customer satisfaction survey at
Contractor' s expense. If City would like to present results at a Solid Waste Services and
Performance Review Meeting, City shall notify Contractor of its desire for such a survey at least 90
days in advance of the Solid Waste Services and Performance Review Meeting. The purpose of the
survey is to determine Customer satisfaction with current Collection services and Customer
service provided by Contractor. The Survey will be distributed to one hundred percent (100%) of
the Customers. Contractor shall obtain City' s approval of the survey' s content, format, and
mailing list prior to its distribution. City may require that Contractor have Customer responses to
the survey returned directly to City. The survey results shall be made available to the City thirty
30) days prior to the Solid Waste Services and Performance Review Meeting.
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ARTICLE 10: CONTRACTOR COMPENSATION AND MAXIMUM SERVICE
RATES
10.1 CONTRACTOR COMPENSATION
The maximum approved rates set forth in Exhibit 1, as more fully defined as Contractor
Compensation in this Article, shall be the maximum amount that the Contractor may charge
Customers, as full, entire and complete compensation due pursuant to this Agreement for all
labor, equipment, materials and supplies, fees or surcharges due to the City as applicable, taxes,
insurance, bonds, letters of credit, overhead, Disposal, Transfer, Processing, profit and all other
things necessary to perform all the services required by this Agreement in the manner and at the
times prescribed.
From time to time, Customers may request services for which a rate is not provided in Exhibit 1. In
such cases, Contractor shall so advise the Contract Administrator and the Customer and
Contractor shall negotiate a rate for the requested services. If agreement cannot be reached, the
matter shall be referred to the Contract Administrator for establishment of the rate. Approved
rates for requested services shall be included in Exhibit 1 in the next Rate Year.
The Contractor shall impose no other charges for services provided under this Agreement to
Customers unless approved in advance in writing by the City Manager.
10.2 INITIAL RATES
The rates beginning September 1, 2025 and ending June 30, 2026 shall not exceed those set forth
in Exhibit 1 hereto, unless amended by a written amendment to this Agreement entered into by
and between the City and the Contractor. Contractor has reviewed these maximum rates and
agrees they are reasonably expected to generate sufficient revenues to provide adequate
Contractor Compensation. Unless and until the maximum rates set forth on Exhibit 1 are adjusted,
Contractor will provide the services required by this Agreement, charging no more than the
maximum rates authorized by Exhibit 1, except as provided herein and in Section 10.3.
10.3 SCHEDULE OF FUTURE ANNUAL RATE ADJUSTMENTS
Beginning with Rates Year starting July 1, 2026 and ending on June 30, 2027 and for all
subsequent Rate Years, Contractor may request an annual adjustment to the maximum rates
shown in Exhibit 1. The Contractor shall submit its request in writing, to be received by City in
Person or via certified mail, by the preceding March 31, and shall be based on the method of
adjustment described in Section 10.4. All future adjustments are to be effective July 1 of the same
calendar year, following the March 31 submission deadline. The City shall consider a failure to
submit a written request by March 31 as Contractor's determination not to seek an adjustment
and shall constitute a waiver by Contractor of its right to request such an increase for the
subsequent Rate Year. However, the City reserves the right to initiate a rate adjustment in
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instances where the Contractor fails to submit a written rate adjustment request. Adjustment to
the maximum rates is subject to the approval of the City Manager.
If an annual adjustment that would have resulted in a rate decrease is not implemented for any
reason, the next rate adjustment will be measured based on the change in indices from the last
implemented rate adjustment; the intent is to ensure subsequent rate increases shall be offset
with any decrease not previously implemented.
Any rate adjustment percentage calculated using the procedure described in Section 10.4
resulting in a rate adjustment percentage greater than 5% in any Rate Year shall be capped at 5%.
Any percentage amount over 5% or portion thereof in any one Rate Year will be carried over into
any future Rate Year with a rate adjustment of less than 5%.
10.4 METHOD OF ADJUSTMENTS
Pursuant to Section 10.3, the Contractor may request an adjustment to the maximum rates
shown in Exhibit 1 pursuant to the methodology described in Exhibit 2 and subject to review of
the City. This Agreement incorporates by reference the Excel worksheet titled “Rate Adjustment
Procedure” attached hereto with Exhibit 2. The Contractor agrees that the Excel worksheet shall
be an integral part of this Agreement.
10.5 EXTRAORDINARY RATE ADJUSTMENTS
Contractor or City may request an adjustment to maximum rates at reasonable times other than
that allowed under Section 10.3 in the event of extraordinary changes in the cost of providing
service under this Agreement. Such changes shall not include changes in the market value of
Recyclables from the values assumed in Contractor’s Proposal, inaccurate estimates by the
Contractor of its proposed cost of operations or change in wage rates or employee benefits not
already adjusted in accordance with the annual adjustment pursuant to Section 10.3 and Exhibit 2.
Without limiting the generality of the foregoing, Contractor may request an extraordinary
adjustment based on changes in a direct per ton fee incurred or assessed at the Disposal Site or any
Designated Facility due to action(s) by any federal, state, or local regulatory agencies after the
effective date; a change in Applicable Law that requires additional or new Services or obligations
under this Agreement; and any other extraordinary changes in operational costs outside of
Contractor’s reasonable control, including increased costs related to fuel and transportation, labor,
and Organic Waste or Recyclable Materials market conditions not already adjusted in accordance
with the annual adjustment pursuant to Section 10.3 and Exhibit 2.
Contractor shall provide justification to support the need for the adjustment. For each request for
an adjustment to the maximum rates brought pursuant to this section, Contractor shall prepare a
schedule documenting the extraordinary costs. Such request shall be prepared in a form acceptable
to City with support for assumptions made by Contractor in preparing the estimate. Contractor shall
also submit a schedule showing how its total costs and total revenues have changed over the past
three years for the services provided under this Agreement. The City may request from the
Contractor such further information as it deems necessary to fully evaluate the request and make
its determination. Upon request by the City, Contractor shall provide a report of its annual revenues
and expenses for the services provided in the City, and City shall have the right to audit this
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information in connection with the City’s review of Contractor’s rate adjustment request. City may
consider increases or decreases in the Contractor’s total revenues and total cost of services when
reviewing an extraordinary rate adjustment request.
The City may, in its sole judgment and absolute, unfettered discretion, make the final determination
as to whether an adjustment to the maximum rates will be made, and, if an adjustment is
permitted, the appropriate amount of the adjustment. Extraordinary rate adjustments shall only be
effective after approval by City Council in compliance with California Constitution Article XIIID
Proposition 218) and the Proposition 218 Omnibus Implementation Act (Govt. Code Sections
53750 et. seq.) and may not be applied retroactively.
A rate adjustment request made in response to a new service requested by City will be determined
in accordance with Section 2.10.
ARTICLE 11: INDEMNIFICATION, INSURANCE AND PERFORMANCE BOND
11.1 INDEMNIFICATION OF THE CITY
11.1.1 GENERAL
To the maximum extent permitted by law, and without regard to the limits of any insurance
coverage, Contractor agrees to indemnify, defend with counsel acceptable to the City, protect and
hold harmless the City, its representatives, officers, agents and employees, volunteers, and
assignees (collectively, “Indemnitees”), from and against any and all causes of action, claims,
fines, assessments, costs (including but not limited to reasonable attorneys’ and expert witness
fees), losses, damages, penalties, forfeitures, demands, proceedings or suits, in law or in equity, of
every kind and description, including, but not limited to, injury to and death of any Person and
damage to property, injunctive relief, obligations, errors, omissions or liabilities, (“claims or
liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in
connection with (i) violations of the commerce clause of the U.S. Constitution, AB 939, the
Comprehensive Environmental Response, Compensation and Liability Act, Title 42 U.S.C. §9601 et
seq. (“CERCLA”), HSAA, RCRA, any other Hazardous Waste laws, other federal, state or local
statutes or regulations, or municipal ordinances, which arise from, challenge any validity of, or
relate to the award of, this Agreement; (ii) the negligent performance of the work or services of
Contractor, its agents, employees, subcontractors, or invitees, provided for in this Agreement; (iii)
the negligent acts or omissions of Contractor hereunder, or arising from Contractor's negligent
performance of or failure to perform any term, provision, covenant or condition of this
Agreement, whether or not there is concurrent passive or active negligence, on the part of the
Indemnitees. The indemnity obligations imposed herein shall not apply to the extent that such
claims or liabilities arise from the sole negligence or willful misconduct of the Indemnitees, but
shall apply if the claims or liabilities are caused by the joint negligence of Contractor and other
Persons, (iv) actions or proceedings to attack, set aside, void, annul or seek monetary damages
resulting from an approval by the City of this Agreement, including but not limited to any
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challenge brought by referendum or under Proposition 218 (Calif. Const. Art. XIIID) to challenge
the City’s entry into this Agreement or the setting of Solid Waste rates as set forth in this
Agreement; and in connection therewith:
A. Contractor will defend any action or actions filed in connection with any of said claim or
liabilities and will pay all costs and expenses, including legal costs and attorneys' fees incurred in
connection therewith;
B. Contractor will promptly pay any judgment rendered against the City, its officers, agents,
or employees for any such claims or liabilities arising out of or in connection with the negligent
performance of or failure to perform such work or services of Contractor hereunder; and
Contractor agrees to save and hold the City, its officers, agents and employees harmless
therefrom;
C. In the event the City, its officers, agents or employees is made a party to any action or
proceeding filed or prosecuted against Contractor for such damages or other claims arising out of
or in connection with the negligent performance of or failure to perform the work or services of
Contractor hereunder, Contractor agrees to pay to the City, its officers, agents or employees, any
and all costs and expenses incurred by the City, its officers, agents or employees in such action or
proceeding, including but not limited to, legal costs and attorneys' fees.
D. The obligations herein are subject to the provisions and limitations in Public Resources
Code sections 40059.1 and 40059.2.
Contractor's obligations hereunder shall survive the termination or expiration of this Agreement.
THE PROVISIONS OF THIS SECTION SHALL NOT TERMINATE OR EXPIRE, SHALL BE GIVEN THE
BROADEST POSSIBLE INTERPRETATION AND SHALL SURVIVE THE EXPIRATION OR EARLIER
TERMINATION OF THIS AGREEMENT.
11.1.2 HAZARDOUS MATERIAL INDEMNIFICATION
A. Without regard to any insurance coverage or requirements, and without limiting the
above general indemnification obligation in any way, Contractor specifically agrees to and shall, to
the maximum extent permitted by law, defend (with counsel acceptable to City), reimburse,
indemnify, and hold Indemnitees harmless from and against any and all claims, actions, liabilities,
damages, demands, judgments, losses, costs, liens, expenses, suits, actions, attorneys' fees,
consultant fees, penalties and any and all other losses, damages, fees and expenses of whatever
kind or nature ("Claims") (including but not limited to response costs, investigative costs,
assessment costs, monitoring costs, treatment costs, cleanup costs, removal costs, remediation
costs, and similar costs, damages and expenses) that arise out of or are alleged to arise out of or
in any way relate to any action, inaction or omission of Contractor that:
1. Results in any demand, claim, notice, order, or lawsuit, asserting that any Indemnitee is
liable, responsible or in any way obligated to investigate, assess, monitor, study, test,
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treat, remove, remediate, or otherwise cleanup, any Hazardous Contaminant (as defined
herein); or
2. Relates to material Collected, Transported, Recycled, Processed, treated or Disposed of by
Contractor.
B. Contractor’s obligations pursuant to this section shall apply, without limitation, to:
1. Any Claims brought pursuant to or based on the provisions of any Environmental Law;
2. Any Claims based on or arising out of or alleged to be arising out of the ownership, use,
lease, sale, design, construction, maintenance, or operation of Contractor of any Facility;
3. Any Claims based on or arising out of or alleged to be arising out of the marketing, sale,
distribution, storage, Transportation, Disposal, Processing, or use of any materials
recovered by Contractor;
4. Any Claims based on or arising out of or alleged to be arising out of any breach of any
express or implied warranty, representation or covenant arising out of or in connection
with this Agreement.
C. The foregoing indemnity and defense obligations shall apply irrespective of the
negligence or willful misconduct of Contractor or any Affiliate of Contractor.
D. For purposes of this section, the term "Hazardous Contaminant" shall mean any
Hazardous Material any crude oil or refined or unrefined petroleum product or any fraction or
derivative thereof; and any asbestos or asbestos-containing material. The term "Hazardous
Contaminant" shall also include any and all amendments to any referenced statutory or
regulatory provisions made before or after the date of execution of this Agreement.
THE PROVISIONS OF THIS SECTION SHALL NOT TERMINATE OR EXPIRE, SHALL BE GIVEN THE
BROADEST POSSIBLE INTERPRETATION AND SHALL SURVIVE THE EXPIRATION OR EARLIER
TERMINATION OF THIS AGREEMENT
11.1.3 AB 939 INDEMNIFICATION AND GUARANTEE
Contractor unconditionally guarantees compliance with the requirements of AB 939 as amended
from time to time. Contractor shall carry out its obligations under this Agreement so that the City
will meet or exceed the Diversion requirements set forth in AB 939, and all amendments thereto
more fully set forth below. City and Contractor shall reasonably assist each other to meet the
City's AB 939 Diversion requirements. In carrying out the provisions of this Section, Contractor
agrees to perform the following obligations at its cost and expense:
A. Defend, with counsel reasonably acceptable to City, indemnify and hold harmless the City
against all fines and/or penalties imposed by the CalRecycle, if Contractor fails or refuses to
provide information relating to its operations which is required under this Agreement and such
failure or refusal prevents or delays City from submitting reports required by AB 939 in a timely
manner;
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B. Assist City in preparing for, and participating in, CalRecycle's biannual review of the City's
source reduction and recycling element pursuant to Public Resources Code Section 41825;
C. Assist City in responding to inquiries from CalRecycle in applying for an extension under
Public Resources Code Section 41820, if so directed by City; in conducting any hearing conducted
by CalRecycle relating to AB 939; or in any other investigative or enforcement manner undertaken
by any agency;
D. Defend, with counsel reasonably acceptable to City, and indemnify and hold harmless the
City against any fines or penalties levied against it for violation of AB 939's Diversion
requirements, provided that Contractor's obligation to indemnify City shall be subject to the
limitations set forth in Public Resources Code Section 40059.1(c) as may be amended from time to
time;
E. In cooperating with the City, should it seek to become its own enforcement agency, to the
extent it may be permitted under state law.
11.1.4 CALRECYCLE 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 the Discarded Materials 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 and SB 1383 Regulations
and corresponding regulations in a timely manner. The provisions of this Section shall survive the
termination or expiration of this Agreement.
11.1.5 ELECTRONIC INFORMATION INDEMNIFICATION
Contractor shall defend with counsel acceptable to City, indemnify, and hold City harmless against
and from any and all related claims, including but not limited to, suits, losses, penalties, damages,
responsibility for costs, regulatory fines, penalties, credit monitoring expenses, and liability for
damages of every name, kind and description, including attorneys’ fees and costs incurred,
attributable to the negligence or willful misconduct of Contractor and any Subcontractors used in
performance of this Agreement in handling or protecting Customer information over which
Contractor has exclusive control, including but not limited to billing details, electronic payment(s),
and Customer account information that is not readily available to the general public. Contractor
shall maintain electronic files and Contractor’s website in accordance with the industry best
practices for maintaining such information. The indemnity obligations imposed herein shall not
apply to the extent that such claims or liabilities arise from the negligence or willful misconduct of
the Indemnitees or arise from information over which the Indemnitees have control.
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11.1.6 CALPERS ELIGIBILITY INDEMNIFICATION
Contractor’s employees, agents, or Subcontractors providing service under this Agreement shall
not: (i) qualify for any compensation and benefit under CalPERS; (ii) be entitled to any benefits
under CalPERS; (iii) enroll in CalPERS as an employee of City; (iv) receive any employer
contributions paid by City for CalPERS benefits; or (v) be entitled to any other CalPERS-related
benefit by reason of the services provided under this Agreement that would accrue to a City
employee. Contractor’s employees, agents, or Subcontractors hereby waive any claims to benefits
or compensation described herein.
Neither Contractor nor Contractor’s officers, employees, agents, and Subcontractors are entitled
to any salary or wages, or retirement, health, leave or other fringe benefits applicable to City
employees. The City will not make any Federal or State tax withholdings on behalf of Contractor.
The City shall not be required to pay any workers’ compensation insurance on behalf of
Contractor.
Contractor agrees to defend and indemnify the City for any claim, suit, or demand for tax,
retirement contribution (including any contribution to CalPERS), social security, salary or wages,
overtime payment, or workers’ compensation payment made by Contractor, or any employee of
Contractor, for work performed under this Agreement.
11.2 EVALUATION OF LIABILITY
The Contractor’s obligation to defend, hold harmless, and indemnify under Article 11 shall not be
excused because of the Contractor’s inability to evaluate an Indemnitee’s liability or because the
Contractor evaluates such liability and determines that the Indemnitee is not liable to the
claimant. Within twenty (20) days of receiving written notice from the City of a claim for which
the City is entitled to indemnity, the Contractor shall confirm to the City in writing that the
Contractor will provide a defense to the claim and shall take appropriate actions to provide such
defense.
11.3 SEPARATE COUNSEL
The City may elect to have and consult separate legal counsel from the Contractor at any time
during the pendency of any claim at its sole discretion. The City shall be responsible for paying its
separate counsel unless: (i) the City reasonably determines and notifies Contractor that separate
counsel is required to represent the City during the resolution of any claim; or (ii) a court of
competent jurisdiction rules that the Contractor has refused to satisfy its obligations under this
Article 11. Notwithstanding the preceding sentence or the first sentence of Article 11.1, with
respect to a particular claim, if the Contractor confirms to the City in writing Contractor’s
obligation to indemnify and defend the City, without reserving a right to later seek
reimbursement from the City with respect to such claim, the City shall not object to the counsel
representing it being the same counsel that represents Contractor in the defense of such claim
and shall, if permitted by law, provide such written conflict-of-interest waiver as may be required
for such joint representation. If the Contractor provides the aforementioned confirmation, but
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the City declines to consent to such joint representation, the City may retain its own counsel at its
own expense, the City shall have no right of defense or reimbursement of defense costs with
respect to such claim (but the City shall still be entitled to indemnity), the City shall reasonably
cooperate with Contractor in the defense and settlement of such claim. If the Contractor does not
provide the aforementioned confirmation, or if the Contractor provides such confirmation and
the City is prohibited by law from providing such waiver, then the Contractor shall reimburse the
City for the reasonable attorneys’ fees and costs of the City’s separate counsel with respect to
such claim.
11.4 CONSIDERATION
It is specifically understood and agreed that the consideration inuring to the Contractor for the
execution of this Agreement consists of the promises, payments, covenants, rights and
responsibilities contained in this Agreement and the consideration to the City are the Solid Waste
Services Contractor shall perform pursuant to this Agreement.
11.5 OBLIGATION
The execution of this Agreement by the Contractor shall obligate the Contractor to comply with
the foregoing indemnification provisions; however, the collateral obligation of providing
insurance must also be fully complied with as set forth in Article 11.8 below.
11.6 COLLECTION SERVICES SUBCONTRACTORS
Any Subcontractor(s), independent contractor(s) or any type of agent(s) performing or hired to
perform any term or condition of this Agreement on behalf of the Contractor, or as may be
allowed by this Agreement, shall comply with each term and condition of this Agreement,
including each term and condition of Article 11.8 entitled “INSURANCE” or a more appropriate
level of coverage as determined by the City. This applies to subcontractors performing Collection
services for City facilities. Furthermore, the Contractor shall be responsible for the
Subcontractor’s acts, omissions and satisfactory performance of the terms and conditions of this
Agreement. The Contractor shall require all Subcontractors performing Collection services under
the terms of this Agreement to enter into an agreement containing the provisions set forth in this
Article 11 in their entirety and Subcontractor shall fully indemnify the City in accordance with this
Agreement.
11.7 SURVIVAL
Contractor’s indemnity obligations shall survive the expiration or termination of this Agreement
and continue until such obligations have been fully satisfied by the resolution of all claims for
which indemnity obligations are owed to the City.
11.8 INSURANCE
Contractor shall procure and maintain during the entire Term the following types of insurance,
and shall maintain the following minimum levels of coverage, which shall apply to any claims
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which may arise from or in connection with Contractor' s performance hereunder or the actions
or inactions of any of Contractor' s officers, agents, representatives, employees, or subcontractors
in connection with Contractor' s performance. The insurance requirements hereunder in no way
limit Contractor' s various defense and indemnification obligations, or any other obligations as set
forth herein.
A. Minimum Scope of Insurance. Coverage shall be at least as broad as:
1. The most recent editions of Insurance Services Office Commercial General Liability
coverage ("occurrence" form CG 00 01).
2. The most recent editions of Insurance Services Office form number CA 00 01 covering
Automobile Liability, code 1 "any auto" and endorsement CA 00 25.
3. Workers' Compensation insurance as required by the Labor Code of the State of California
and Employers Liability insurance.
B. Minimum Limits of Insurance. Contractor shall maintain in force for the term of this
Agreement limits no less than:
1. Comprehensive General Liability: Ten Million Dollars ($10,000, 000) limit aggregate and
Ten Million Dollars ($10,000,000) limit per occurrence for bodily injury, Personal injury
and property damage.
2. Automobile Liability: Five Million Dollars ($5,000,000) single limit per accident for bodily
injury and property damage.
3. Workers' Compensation and Employers Liability: Workers' compensation limits as
required by the Labor Code of the State of California or provide evidence of State
approval to be self-insured. Employers Liability in the minimum amount of One Million
1,000, 000).
C. Deductibles and Self -Insured Retentions. Any deductibles or self-insured retentions
must be declared to and approved by City. At the option of City, either: the insurer shall reduce or
eliminate such deductibles or self-insured retentions as respects City, its officials, employees and
agents; or Contractor shall procure a bond guaranteeing payment of losses and related
investigations, claim administration and defense expenses.
D. Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the
following provisions:
1. General Liability and Automobile Liability Coverages
a) The Indemnitees shall be named as additional insureds as respects: liability arising out
of activities performed by or on behalf of Contractor; products and completed
operations of Contractor; Premises owned, leased or used by Contractor; or vehicles
owned, leased, hued or borrowed by Contractor. The coverage shall contain no
special limitations on the scope of protection afforded to the Indemnitees.
b) Contractor's insurance coverage shall be primary insurance as respects the
Indemnitees. Any insurance or self- insurance maintained by the Indemnitees shall be
excess of Contractor' s insurance and shall not contribute with it.
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c) Any failure to comply with reporting provisions of the policies shall not affect
coverage provided to the Indemnitees.
d) Coverage shall state that Contractor's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to the limits of the
insurer' s liability.
2. Workers' Compensation and Employers Liability Coverage: The insurer shall agree to
waive all rights of subrogation against the Indemnitees for losses arising from work
performed by Contractor for City.
3. All Coverages: Each insurance policy required by this clause shall be endorsed to state
that coverage shall not be suspended, voided, canceled by either party, reduced in
coverage or in limits except after thirty (30) days' prior written notice (ten (10) days
written notice in the event of cancellation for non-payment) by certified mail, return
receipt requested, has been given to City.
E. Acceptability of Insurers. The insurance policies required by this section shall be issued by
an insurance company or companies authorized to do business in the State of California and with
a rating in the most recent edition of Best' s Insurance Reports of size category VII or larger and a
rating classification of A or better.
F. Verification of Coverage. Within thirty (30) days of the execution of this Agreement, or
prior to the start of service under this Agreement, whichever comes first, Contractor shall furnish
City certificates of each policy of insurance required hereunder, in form and substance
satisfactory to City. Such certificates shall show the type and amount of coverage, effective dates
and dates of expiration of policies and shall have all required endorsements. If City requests,
copies of each policy, together with all endorsements, shall also be promptly delivered to City.
Renewal certificates will be furnished promptly upon renewal to City to demonstrate
maintenance of the required coverage throughout the Term.
G. Required Endorsements.
1. Insurance policies shall contain an endorsement in substantially the following form:
Thirty (30) days prior written notice by certified mail, return receipt requested, shall be
given to City in the event of cancellation (Ten (10) days written notice in the event of
cancellation for non-payment), reduction in coverage, or non -renewal of this policy. Such
notice shall be sent to:
City Manager
City of Diamond Bar
21810 Copley Drive
Diamond Bar, CA 91765
2. “This policy shall be considered primary insurance as respects any other valid and
collectible insurance maintained by City, including any self-insured retention or program
of self-insurance, and any other such insurance shall be considered excess insurance
only.”
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3. “Inclusion of City as an insured shall not affect City's rights as respects any claim, demand,
suit or judgment brought or recovered against Contractor. Thus policy shall protect
Contractor and City in the same manner as though a separate policy had been issued to
each, but this shall not operate to increase Contractor's liability as set forth in the policy
beyond the amount shown or to which Contractor would have been liable if only one
party had been named as an insured."
H. Other Insurance Requirements
1. In the event any services are delegated to another company or subcontractor, Contractor
shall require such Contractor or subcontractor to provide statutory workers'
compensation insurance and employer's liability insurance for all of the Contractor or
subcontractor's employees engaged in the work in accordance with this Section 11.8. The
liability insurance required by this Section 11.8 shall cover all Contractor or
subcontractors or the Contractor or subcontractor must furnish evidence of insurance
provided by it meeting all of the requirements of this Section 11.8.
2. Contractor shall comply with all requirements of the insurers issuing policies. The carrying
of insurance shall not relieve Contractor from any obligation under this Agreement. If any
claim exceeding the amount of any deductibles or self-insured reserves is made by any
third Person against Contractor or any Contractor or subcontractor on account of any
occurrence related to this Agreement, Contractor shall promptly report the facts in
writing to the insurance carrier and to City.
If Contractor fails to procure and maintain any insurance required by this Agreement, City may
take out and maintain, at Contractor's expense, such insurance as it may deem proper and
recover costs from the Contractor's Performance Bond and/or Letter of Credit provided under
Sections 11.8 and 11.10.
I. Cyber Liability. Contractor will maintain cyber liability insurance with a combined single
limit of not less than One Million ($1,000,000) per event. Contractor’s cyber policy must include
language related to Contractor data breach. Contractor shall verify by providing City Contract
Manager a copy of the Declarations Page for the policy for City review prior to the
Commencement Date.
The insurance required by this subsection includes:
1. Premises Operations;
2. Independent Contractor's Protective;
3. Automobile Liability that includes Owned, Non-Owned, and Hired Motor Vehicles;
4. Broad Form Property Damage, including Completed Operations.
J. Proof of insurance shall be mailed to the following address or any subsequent address as
may be directed in writing by the City.
City Manager
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City of Diamond Bar
21810 Copley Driver
Diamond Bar, CA 91765
K. Modification of Insurance Requirements. The insurance requirements provided in this
Agreement may be modified or waived by the City, in writing, upon the request of the Contractor
if the City determines such modification or waiver is fin the best interest of the City considering all
relevant factors, including exposure to the City.
L. Rights of Subrogation. All required insurance policies shall preclude any underwriter’s
rights of recovery or subrogation against the City with the express intention of the Parties being
that the required insurance coverage protects both Parties as the primary coverage for any and all
losses covered by the above-described insurance. The Contractor shall ensure that any companies
issuing insurance to cover the requirements contained in this Agreement agree that they shall
have no recourse against the City for payment or assessments in any form on any policy of
insurance. The clauses ‘Other Insurance Provisions’ and ‘Insured Duties in the Event of an
Occurrence, Claim or Suit’ as it appears in any policy of insurance in which the City is named as an
additional insured shall not apply to the City.
M. Failure to Obtain Insurance. The failure of the Contractor to obtain and maintain any
required insurance shall not relieve Contractor of any liability under this Agreement (and the
Contractor may be answerable to the City for damages or any other remedy on account of such
breach) nor shall the insurance requirements be construed to conflict with or otherwise limit the
obligations of the Contractor concerning indemnification.
N. No Limitation of Liability. By requiring insurance herein, City does not represent
that coverage and limits will necessarily be adequate to protect Contractor, and such coverage
and limits shall not be deemed as a limitation on Contractor’s liability under the indemnities
granted to City in this contract.
11.9 FAITHFUL PERFORMANCE BOND
The Contractor shall, prior to the initial date of the term of this Agreement, execute and file with
the Clerk of the Council a surety bond in the penal sum of One-Hundred Twenty-Five Thousand
Dollars ($125,000), similar to the form provided in Exhibit 6 or otherwise in a form with language
that is acceptable to the City, which secures the faithful performance of this Agreement,
including, without limitation, payment of any penalty and the funding of any work to cure a
breach of this Agreement, unless such requirement is waived by the City Manager. The bond shall
contain the original notarized signature of an authorized officer of the surety and affixed thereto
shall be a certified and current copy of his power of attorney. The bond shall be unconditional and
remain in force during the entire term of the Agreement and shall be released only upon written
release from City per Section 11.11
11.10 FAITHFUL PERFORMANCE LETTER OF CREDIT
A. In addition to a corporate surety bond as noted in Section 11.9 above, Contractor shall
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furnish an irrevocable letter of credit in the amount of One Hundred Twenty-five Thousand
Dollars ($125,000), from a financial institution acceptable to the City and in a form acceptable to
the City Attorney as security for the performance of this Agreement the "LOC"). The LOC shall be
the sole responsibility of Contractor, shall be unconditional and remain in force during the entire
Term of the Agreement and shall be released only upon written release from City per Section
11.11.
B. As an alternative to providing the performance bond and letter of credit required under
11.9 and 11.10, Contractor may provide a letter of credit in the amount of Two-Hundred Fifty
Thousand Dollars ($250,000). The letter of credit shall be from a financial institution acceptable to
the City in a form acceptable to the City Attorney as security for the performance of this
Agreement. The LOC shall be the sole responsibility of Contractor, shall be unconditional and
remain in force during the entire Term of the Agreement and shall be released only upon written
release from City per Section 11.11.
C. As an alternative to providing the performance bond and letter of credit required under
11.9 and 11.10, Contractor may deposit funds, on terms satisfactory to City, in an interest-
bearing account at an institution satisfactory to both City and Contractor. Contractor may replace
any required amount of the performance bond requirement, or the LOC requirement with an
equivalent deposit. The deposit shall be accessible to the City immediately without action
required by Contractor. The deposit shall be accessible to the City immediately without penalty,
unless the funds on deposit are increased in excess of the total Two-Hundred Fifty Thousand
Dollars ($250,000) required under Sections 11.9 and 11.10A by the maximum amount of the total
potential penalty. The funds on deposit shall be the sole responsibility of the Contractor, shall be
unconditional and remain on deposit during the entire Term of the Agreement and shall be
withdrawn to Contractor' s custody only upon written release from City per Section 11.11.
11.11 FORFEITURE OF PERFORMANCE BOND
In the event Contractor shall for any reason become unable to, or fail in any way to, perform as
required by this Agreement, City may declare a portion or all of the performance bond forfeited
to the City up to an amount which is necessary to recompense and make whole the City. Upon
partial or full forfeiture of the performance bond, Contractor shall restore the performance bond
to its face amount within thirty (30) days of the City's declaration. Failure to restore the
performance bond to its full amount within thirty (30) days shall be a material breach of the
Agreement.
11.12 FORFEITURE OF LETTER OF CREDIT
Thirty (30) days following City providing Contractor with written notice of its failure to pay City
any amount owing under this Agreement, the LOC or deposit may be drawn upon by City for
purposes including, but not limited to:
A. Payment of sums due under the terms of this Agreement which Contractor has failed to
timely pay to City
B. Reimbursement of costs borne by City to correct violations of this Agreement not corrected
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by Contractor, including but not limited to the liquidated damages described in Section 13.7.
City may draw upon the entire LOC and convert it to a cash deposit, or draw upon the entire
deposit, if Contractor fails to cause it to be extended or replaced with another satisfactory LOC or
deposit no later than 60 days prior to its expiration during the term hereof. If City partially draws
down LOC or deposit, Contractor must restore it to full amount within 30 days of City's draw.
Failure to restore the LOC or deposit to its full amount within. thirty (30) days shall be a material
breach of the Agreement.
11.13 PERFORMANCE SECURITY BEYOND SERVICE TERM
Some Agreement requirements extend beyond the Term and other requirements, such as
minimum Diversion rates per Section 5.2, will not be substantiated until after the final service
date. Therefore, the Contractor shall not terminate the performance bond, letter of credit or
deposit, and will renew them to ensure continuous availability to the City, until receiving a written
release from the City or until the second anniversary of the end of the Term. Permission from the
City to discontinue holding these performance securities does not relieve Contractor of payments
to the City that may be due, or may become due.
ARTICLE 12: CITY’S RIGHT TO CONTRACT WITH THIRD PARTIES TO
PERFORM FRANCHISE SERVICES
12.1 GENERAL
In the event that Contractor, for any reason whatsoever, fails, refuses or is unable to Collect,
Recycle, Process, Transport, or Dispose of any or all Solid Waste which it is required by this
Agreement, at the time and in the manner provided in this Agreement, for a period of more than
two business days, excluding Saturday, Sunday and Designated Holidays, and if, as a result
thereof, Solid Waste should accumulate in City to such an extent, in such a manner, or for such a
time that such accumulation endangers or menaces the public health, safety or welfare, then City
shall have the right, but not the obligation, upon twenty-four (24) hour prior written notice to
Contractor during the period of such emergency as determined by City, (1) to perform, or cause to
be performed, such services itself with its own or other personnel without liability to Contractor;
or (2) to take possession of any or all of Contractor's equipment used in the Collection and
Transportation of Solid Waste, and to use such equipment to Collect and Transport any Solid
Waste generated within City which Contractor would otherwise be obligated to Collect, Transport
and properly Dispose of or Process pursuant to this Agreement. Further, the City shall have access
to the MRF and composting facilities used by the Contractor for the Processing, Recycling and
Organics Diversion of Solid Waste produced or accumulated with the City.
Notice of Contractor's failure, refusal or neglect to Collect, Transport and properly Dispose of or
Process Solid Waste may be given orally by telephone to Contractor at its principal office and shall
be effective immediately. Written confirmation of such oral notification shall be sent to
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Contractor within one business day, excluding Saturday, Sunday and Designated Holidays of the
oral notification. Contractor further agrees that in such event:
A. It will take direction from City to effect the transfer of possession of equipment to City
for City's use.
B. It will, if City so requests, keep in good repair and condition all of such equipment and
provide such other service as may be necessary to maintain said property in operational
condition.
C. City may immediately engage all or any personnel necessary or useful for the Collection
and Transportation of Solid Waste then employed by Contractor.
City agrees that it assumes complete responsibility for the proper and normal use of such
equipment and facilities while in its possession.
If the interruption or discontinuance in service is caused by any of the reasons listed in Section
13.8, City shall pay to Contractor the reasonable rental value of the equipment and facilities,
possession of which is taken by City, for the period of City's possession, if any, which extends
beyond the period of time for which Contractor has rendered bills in advance of service, for the
class of service involved.
12.2 TEMPORARY POSSESSION OF CONTRACTOR’S PROPERTY
If City suffers an interruption or discontinuance of service (including interruptions and
discontinuance due to events described in Section 13.8), City may take possession of and use all of
Contractor's property described above until other suitable arrangements can be made for the
provision of Solid Waste Services which may include the grant of a Franchise to another waste
hauling company.
12.3 BILLING AND COMPENSATION TO CITY DURING CITY’S POSSESSION
During such time that City is providing Solid Waste Services, as above provided, Contractor shall
bill and Collect payment from all users of the above-mentioned services as described in Section
6.1 Contractor further agrees that, in such event, it shall reimburse City for any and all costs and
expenses incurred by City in taking over possession of the above-mentioned equipment and
property for Solid Waste service in such manner and to an extent as would otherwise be required
of Contractor under the Terms of this Agreement. Such reimbursement shall be made from time
to time after submission by City to Contractor of each statement listing such costs and expenses,
but in no event later than five (5) Work Days from and after each such submission.
12.4 CITY’S RIGHT TO RELINQUISH POSSESSION
It is further mutually agreed that City may at any time at its discretion relinquish possession of
any or all of the above-mentioned property to Contractor and thereupon demand that Contractor
resume the Solid Waste Services as provided in this Agreement, whereupon Contractor shall be
bound to resume the same.
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Diamond Bar – WM 95 Franchise Agreement for Solid Waste Services
12.5 CITY’S POSSESSION NOT A TAKING
Except as otherwise expressly provided in the previous paragraph, City's exercise of its rights
under this Article, 1) does not constitute a taking of private property for which compensation
must be paid, 2) will not create any liability on the part of City to Contractor, and 3) does not
exempt Contractor from any of the indemnity and insurance provisions of this Agreement, which
are meant to extend to circumstances arising under this Section provided that the Contractor is
not required to indemnify the City against claims and damages arising from the active negligence
of the City, its elected and appointed boards, commissions, officers, employees and agents in the
operation of Collection vehicles during the time the City has taken possession of such vehicles.
12.6 DURATION OF CITY’S POSSESSION
City's right pursuant to this Article to retain temporary possession of Contractor's facilities and
equipment, and to render Collection services, shall terminate when City determines that such
services can be resumed by Contractor, or when City no longer reasonably requires such property
or equipment. In any case, City has no obligation to maintain possession of Contractor's property
or equipment and/or continue its use for any period of time and may at any time, in its sole
discretion, relinquish possession to Contractor.
ARTICLE 13: DEFAULT AND REMEDIES
13.1 EVENTS OF DEFAULT
Contractor’s breach of each and any provision of the Franchise or this Agreement may constitute
a default hereunder to the extent Contractor’s performance, services or obligations under this
Agreement are materially and adversely impacted. Events of default by the Contractor include,
but are not limited to, the following.
A. Fraud or Deceit or Misrepresentation. If the Contractor engages in, or attempts
to practice, any fraud or deceit upon City or makes a misrepresentation regarding material
information to City.
B. Insolvency or Bankruptcy. If Contractor becomes insolvent, unable, or unwilling
to pay its debts, files a bankruptcy petition or takes steps to liquidate its assets.
C. Failure to Maintain Coverage. If Contractor fails to provide or maintain in full
force and effect the Workers' Compensation, liability, performance bond, letter of credit, or
indemnification coverage as required by this Agreement.
D. Violations of Regulation. If Contractor violates any orders or filings of any
regulatory body having jurisdiction over Contractor relative to this Agreement, provided that
Contractor may contest any such orders or filings by appropriate proceedings conducted in good
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Diamond Bar – WM 96 Franchise Agreement for Solid Waste Services
faith, in which case no breach of the Franchise and this Agreement shall be deemed to have
occurred until a final decision adverse to the Contractor is entered.
E. Failure to Perform. If Contractor ceases to provide all or a portion of the
Collection, Processing or Recycling services, or any other Solid Waste Services as required under
this Agreement for a period of seven (7) consecutive days or more, unless, and only to the extent,
performance is excused pursuant to Section 13.8.
F. Failure to Pay. If Contractor fails to make any payments required under this
Agreement and/or refuses to provide City, within ten (10) days of the demand, with required
information, reports, and/or records in a timely manner as provided for in the Agreement.
G. Failure to Cooperate with Audits. Failure to complete, perform or cooperate with
any audit as described by this Agreement.
H. Failure to Submit Reports or Documentation. Failure to complete or to provide
required reports or documents to City as required by this Agreement.
I. Acts or Omissions.
1. Any act or omission by Contractor relative to the services provided under this
Agreement which violates the terms, conditions, or requirements of this Agreement, the
California Integrated Waste Management Act of 1989, as it may be amended from time to
time (AB 939), or any law, statute, ordinance, order, directive, rule, or regulation issued
pursuant to AB 939 shall constitute a default by the Contractor. Any failure to correct or
remedy any such violation within the time set in the written notice of the violation or, if
Contractor cannot reasonably correct or remedy the breach within the time set forth in
such notice, Contractor’s failure to commence to correct or remedy such violation within
the time set forth in such notice and diligently effect such correction or remedy thereafter
shall constitute a default by Contractor.
2. Any situation in which Contractor or any of its officers, directors or employees are
found guilty of any crime related to the performance of this Agreement, or of any crime
related to anti-trust activities, illegal Transport or Disposal of hazardous or toxic materials,
or bribery of public officials shall constitute a default by Contractor. The term “found
guilty” shall be deemed to include any judicial determination that Contractor or any of
Contractor’s officers, directors or employees is guilty as well as any admission of guilt by
Contractor or any of Contractor’s officers, directors or employees including, but not
limited to, the plea of “guilty”, “nolo contendere”, “no contest”, and “guilty to a lesser
charge.”
J. False or Misleading Statements. Any representation or disclosure made to City by
Contractor in connection with or as an inducement to entering into this Agreement, or any future
amendment to this Agreement, which proves to be false or misleading in any material respect as
of the time such representation or disclosure is made, whether or not any such representation or
disclosure appears as part of this Agreement.
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K. Attachment. The seizure of, attachment of, or levy on, the operating equipment
of Contractor, including, without limits, its equipment, maintenance or office facilities, or any part
thereof.
L. Suspension or Termination of Service. Any termination or suspension of the
transaction of business by Contractor, including, without limitation, due to labor unrest including
strike, work stoppage or slowdown, sick- out, picketing, or other concerted job action lasting
more than seven (7) consecutive days, unless, and only to the extent, performance is excused
pursuant to Section 13.8, or Section 6.1.10.
M. Failure to Provide Assurance of Performance. If Contractor fails to provide
reasonable assurances of performance as required under Section 13.10.
N. Commingling of Recyclables With Refuse/Landfilling of Recyclables. If Contractor
negligently or willfully empties Containers of properly set out Recyclable Materials or Organics
into a Refuse load, or Transports a load of Recyclable Materials or Organics to a Landfill or other
location at which the material will not be Diverted from Landfill Disposal.
O. Failure to Comply with Requirements of SB 1383 Regulations. The Contractor
fails to comply with requirements of the Agreement including public education, reporting,
contamination monitoring, recordkeeping, or other obligations of this Agreement that delegate
City’s responsibility and/or authority under SB 1383 Regulations to Contractor.
P. Diversion Requirement. If Contractor does not reach Diversion requirements per
Section 5.2 for two consecutive Rate Years.
Q. Failure to Provide and Maintain Performance Bond and/or Letter of Credit
and/or Deposit. Contractor fails to restore the full balance of the Performance Bond and/ or
Letter of Credit and/ or deposit required under Sections 11.9 and 11.10 to the full required value
within 30 days of being depleted due to payment to City under Sections 11.11 or 11.12, or
Contractor allows any of the securities at any time for any other reason to lapse or fall below
required minimums for any period of time.
13.2 RIGHT TO TERMINATE UPON DEFAULT AND RIGHT TO SPECIFIC PERFORMANCE
The City may terminate this Agreement immediately upon written notice to the Contractor in the
event the Contractor defaults under Article 13.1.Q entitled, “Failure to Provide and Maintain
Performance Bonds and/or Letter of Credit and/or Deposit.”
The Contractor shall be given ten (10) Business Days from written notification by the City to cure
any default which, in the CITY’s sole opinion, creates a potential public health and safety threat.
The Contractor shall be given ten (10) Business Days from written notification by the City to cure
any default arising under subsections E, F, G, H, K, L, M, N, and Q in Article 13.1 provided,
however, that the City shall not be obligated to provide Contractor with a notice and cure
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opportunity if the Contractor has committed the same or similar breach/default within a twenty-
four (24) month period.
The Contractor shall be given thirty (30) calendar days from written notification by the City to
cure any other default (which is not required to be cured within ten (10) Business Days); however,
the City shall not be obligated to provide Contractor with a notice and cure opportunity if the
Contractor has committed the same or similar breach/default within a twenty-four (24) month
period. Failure to allege breach/default shall not constitute waiver by the City.
13.3 CITY’S REMEDIES IN THE EVENT OF DEFAULT
Upon the Contractor’s default, the City shall be entitled to unilaterally terminate this Agreement
or impose other such sanctions as it shall deem proper pursuant to the provisions in this
Agreement or the Diamond Bar City Code, including the following remedies.
A. Waiver of Default. The City may waive any event of default or may waive Contractor’s
requirement to cure a default event if the City determines that such waiver would be in the best
interest of the City. The City’s waiver of an event of default is not a waiver of future events of
default that may have the same or similar conditions.
B. Suspension of the Contractor’s Obligation. The City may suspend Contractor’s
performance of its obligations if the Contractor fails to cure default in the time frame specified in
Article 13.2 until such time the Contractor can provide assurance of performance in accordance
with the terms of this Agreement.
C. Liquidated Damages. The City may assess Liquidated Damages for the Contractor’s failure
to meet specific performance standards pursuant to Section 13.7.
D. Termination. In the event that the Contractor should default and subject to the right of
the Contractor to cure, in the performance of any provisions of this Agreement, and the default is
not cured for any default within ten (10) calendar days if the default creates a potential public
health and safety threat or arises under Section 13.1. E, F, G, H, K, L, M, Q and or otherwise thirty
30) calendar days after receipt of written notice of default from the City, then the City may, at its
option, terminate this Agreement.
In the event the CITY decides to terminate this Agreement, the City shall serve twenty (20)
calendar days written notice of its intention to terminate upon Contractor and will not be
required by this Agreement to take any further action such as hold any hearing, commence legal
action, or take any other action.
In the event the City exercises its right to terminate this Agreement, the City may, at its option,
upon such termination, either directly undertake performance of the services or arrange with
other Persons to perform the services with or without a written agreement. Contractor shall not
be entitled to any further revenues from Collection operations authorized hereunder from and
after the date of termination.
This right of termination is in addition to any other rights of the City upon a failure of the
Contractor to perform its obligations under this Agreement.
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Diamond Bar – WM 99 Franchise Agreement for Solid Waste Services
E. Other Available Remedies. The City’s election of one (1) or more of the remedies
described herein shall not limit the City from any and all other remedies at law and in equity
including injunctive relief and / or specific performance of any breach of this Agreement.
13.4 CRIMINAL ACTIVITY
Should the Contractor or any of its officers, directors or employees be found guilty of criminal
conduct related to the performance of this Contract, or of criminal conduct related to anti-trust
activities, illegal Transport or Disposal of hazardous or toxic materials, or bribery of public
officials, the City reserves the right to unilaterally terminate this Contract or impose other such
sanctions (which may include financial sanctions, temporary suspensions or any other condition
deemed appropriate short of termination) as it shall deem proper. Such action shall be taken after
Contractor has been given notice and opportunity to present evidence in mitigation. The term
found guilty” shall be deemed to include any judicial determination that Contractor or any of
Contractor’s officers, directors or employees is guilty and any admission of guilt by Contractor or
any of Contractor’s officers, directors or employees including, but not limited to, the plea of
guilty”, “nolo contendere”, “no contest”, and “guilty to a lesser charge” entered as part of any
plea bargain.
13.5 POSSESSION OF RECORDS UPON TERMINATION
In the event of termination for an event of default, the Contractor shall furnish the Contract
Administrator with immediate access to all of its business records, including without limitation,
proprietary Contractor computer systems, related to its Customers, Collection routes, and billing
of accounts for Collection services in the City of Diamond Bar.
13.6 CITY’S REMEDIES CUMULATIVE; SPECIFIC PERFORMANCE
The City’s rights to terminate this Agreement under Article 13.3, and to take possession of the
Contractor’s records under Article 13.5 are not exclusive, and the City’s termination of this
Agreement and/or the imposition of Liquidated Damages shall not constitute an election of
remedies. Instead, these rights shall be in addition to any and all other legal and equitable rights
and remedies, including but not limited to termination, which the City may have.
13.7 LIQUIDATED DAMAGES
A. General. City finds, and Contractor agrees, that as of the time of the execution of this
Agreement, it is impractical, if not impossible, to reasonably ascertain the extent of damages
which shall be incurred by City as a result of a breach by Contractor of certain specific obligations
under this Agreement. The factors relating to the impracticability of ascertaining damages
include, but are not limited to, the fact that: (i) substantial damage results to members of the
public who are denied services or denied quality or reliable service; (ii) such breaches cause
inconvenience, anxiety, frustration, and deprivation of the benefits of the Agreement to individual
members of the general public for whose benefit this Agreement exists, in subjective ways and in
varying degrees of intensity which are incapable of measurement in precise monetary terms; (iii)
that the services that are the subject of this Agreement might be available at substantially lower
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costs than alternative services and the monetary loss resulting from denial of services or denial of
quality or reliable services is impossible to calculate in precise monetary terms; and (iv) the
termination of this Agreement for such specific breaches, and other remedies are, at best, a
means of future correction and not remedies which make the public whole for past breaches.
B. Service and Diversion Performance Standards; Liquidated Damages for Failure to Meet
Standards. The parties further acknowledge that consistent, reliable Solid Waste Service is of
utmost importance to City and that City has considered and relied on Contractor's
representations as to its quality-of-service commitment in entering into this Agreement. The
Parties further recognize that some quantified standards of performance are necessary and
appropriate to ensure consistent and reliable service and performance. The Parties further
recognize that if Contractor fails to achieve the performance standards, or fails to submit required
documents in a timely manner, City and its residents will suffer damages and that it is and will be
impractical and extremely difficult to ascertain and determine the exact amount of damages
which City will suffer. Therefore, without prejudice to City's right to treat such breaches as an
event of default under this Article 13, the Parties agree that the following liquidated damage
amounts represent a reasonable estimate of the amount of such damages for such specific
breaches, considering all of the circumstances existing on the date of this Agreement, including
the relationship of the sums to the range of harm to City that reasonably could be anticipated and
the anticipation that proof of actual damages would be costly or impractical. In placing their
initials at the places provided, each party specifically confirms the accuracy of the statements
made above and the fact that each party has had ample opportunity to consult with legal counsel
and obtain an explanation of the liquidated damage provisions at the time that the Agreement
was made.
Contractor City
Initial Here Initial Here
The Contractor agrees to pay (as Liquidated Damages and not as a penalty) the following
amounts:
LIQUIDATED DAMAGES
1. Collection Reliability Amount
A. For each failure to commence service in compliance with Section 3 to a
new Customer account within seven (7) days after order, which exceeds
five (5) such failures annually.
150.00 per occurrence.
B. For each failure, which exceeds ten (10) such failures annually, to Collect
Solid Waste from any established Customer account on the scheduled
Collection day and not make up the Collection within the time allotted per
Section 4.1.2.
100.00 per occurrence.
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Diamond Bar – WM 101 Franchise Agreement for Solid Waste Services
LIQUIDATED DAMAGES
2. Collection Quality
A. For each occurrence of noise in excess of what is permitted under Applicable
Law or discourteous behavior by Contractor’s employees to Customers
which exceed ten (10) annually.
250.00 per occurrence.
B. For each occurrence of Collecting Solid Waste during unauthorized hours
which exceeds five (5) such occurrences annually.
250.00 per occurrence.
C. For each failure to clean up Solid Waste spilled during Collection or
Transportation within ninety (90) minutes that exceeds ten (10) such failures
annually.
150.00 per occurrence.
D. For each occurrence of failure to verify that Customer has obtained an
encroachment permit from the City prior to Contractor placing a Container
in the public right-of-way as per Section 3.3.6, 3.4, and 3.5 which exceeds
ten (10) such occurrences annually.
100.00 per occurrence.
3. Collection Responsiveness
A. For each failure to initially respond to a Customer complaint within one (1)
business day per Section 6.2.3, and for each additional day on which the
complaint is not addressed, which exceed five (5) annually.
150 per occurrence.
C. For each failure to remove graffiti from Containers, or to replace with
Containers bearing no graffiti, within three (3) business days of request from
City or Customer.
50 per occurrence.
D. For each failure to repair or replace a damaged or missing Container within
three (3) business days of request from City or Customer in accordance with
Section 4.3.1(M).
50 per occurrence.
E. For each violation under Section 6.2.4 (one month of excessive complaints or
one quarter of excessive delays in answering customer service calls).
250 per occurrence.
F. For each occurrence of inaccurate information being provided to Customers
by Contractor' s customer service department which exceeds five (5) such
occurrences annually.
100 per occurrence.
G. For each failure to issue a Warning Notice due to Container Contamination
or Excluded Waste per Section 3.3.10 or 4.1.13 which exceeds ten (10) such
occurrences annually.
100 per Occurrence.
4. Diversion & SB 1383 Compliance Amount
A. Failure to deliver Collected Recyclables or Organics to the appropriate
Processing Facility per Section 5.2.1.
250 per load.
B. Failure to report loads rejected or not delivered to the Processing Facility
due to excessive contamination.
250 per load.
C. Failure to perform Route Reviews or Waste Audits $250 per occurrence.
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Diamond Bar – WM 102 Franchise Agreement for Solid Waste Services
LIQUIDATED DAMAGES
D. For each calendar year, beginning September 1, 2025, and ending on August
31, 2035, in which Contractor fails to provide documentation to the City
within thirty (30) days of year-end, supporting that it Diverted at least 75%,
or the State-mandated Construction and Demolition Diversion percentage,
whichever is greater, of all Construction and Demolition Debris loads it
Collects under this Agreement.
25 for each ton below
tonnage level necessary
to meet State-mandated
Construction and
Demolition Diversion
goal, whichever is
greater.
5. Timeliness of Submissions to City Amount
A. Any report shall be considered late until such time as a complete report is
received by City in accordance with Section 8.3. For each calendar day a
report is late, the daily liquidated damage amount shall be.
i) Monthly Reports:
ii) Annual Reports:
50 per day.
150 per day.
6. Accuracy of Billing Amount
A. Each Customer invoice that is not prepared in accordance with the City’s
approved rate schedule, in excess of ten (10) annually:
25 per occurrence
7. Customer Education and Outreach Amount
A. Failure to complete the Initial Mailing per Section 6.3.1(A), and thereafter
the Annual Brochure/Mailing per 6.3.1(D), by June 30 of any Rate Year.
1,000 per Rate Year
8. Cooperation with Service Provider Transition
A. For each day the rout list and/or Customer information requested by City in
accordance with Section 14.9 is received after City-established due dates.
250.00 per day.
B. For each day delivery of keys, access codes, remote controls, or other means
of access to Solid Waste Containers is delayed beyond the time described in
Section 14.9.
250.00 per day.
The City may determine the occurrence of events giving rise to liquidated damages through the
observation by its own employees or representatives, investigation of Customer complaints or
self-reporting by the Contractor.
Prior to assessing liquidated damages, City shall give Contractor notice of its intention to do so.
The notice will include a brief description of the incident(s)/non-performance. Contractor may
review (and make copies at its own expense) all information in the possession of City relating to
incident(s)/non-performance. Contractor may, within ten (10) days after receiving the notice,
request a meeting with City. Contractor may present evidence in writing and through testimony
of its employees and others relevant to the incident(s)/non-performance. City will provide
Contractor with a written explanation of its determination on each incident(s)/non-performance
prior to authorizing the assessment of liquidated damages. The decision of City shall be final.
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C. Amount. City may assess liquidated damages for each calendar day or event, as
appropriate, that Contractor is determined to be liable in accordance with this Agreement.
D. Timing of Payment. Contractor shall pay any liquidated damages assessed by City in
accordance with this Agreement within ten (10) days after they are assessed. If they are not paid
within the ten (10) day period, City may proceed against the performance bond required by the
Agreement or find Contractor in default and terminate this Agreement pursuant to Section 13.1,
or both.
13.8 SUSPENSION OF PERFORMANCE
13.8.1 FORCE MAJEURE
The Parties shall be excused from performing their respective obligations hereunder and from any
obligation to pay Liquidated Damages to the extent and for the period of time they are prevented
from so performing by reason of floods, earthquakes, pandemics, other acts of nature, war, civil
insurrection, riots, acts of any government (including judicial action), and other similar
catastrophic events which are beyond the control of and not the fault of the Party claiming excuse
from performance hereunder.
The interruption or discontinuance of Contractor' s services caused by one (1) or more of the
events excused shall not constitute a default by Contractor under this Agreement provided that
other services delivered to properties in Diamond Bar (such as and without limitation electricity,
gas, water, or Solid Waste Services) have been similarly disrupted as a direct result of the
catastrophic event. Notwithstanding the foregoing, however, if Contractor is excused from
performing its obligations hereunder for any of the causes listed in this section, City may contract
with another provider to perform all or part of this Agreement until such time Contractor is able
to perform. If Contractor is unable to renew its performance of this Agreement for a period of
thirty (30) days or more, where the City is not significantly impacted by the catastrophic event,
City shall nevertheless have the right, in its sole discretion, to terminate flus Agreement by giving
ten (10) days' notice.
13.8.2 LABOR UNREST
Labor unrest, including work stoppage or slowdown or sick-out conducted by Contractor' s
employees or directed at Contractor is excused from performance only to the extent that the
following requirements are met:
Contractor provides a contingency plan to the City prior to the execution of this
Agreement demonstrating how services will be provided. Plan is subject to City Manager
approval and Contractor shall amend plan until it meets City requirements, including
reasonably demonstrating how City' s basic Collection and sanitary needs will be met to
the City's satisfaction.
Contractor shall meet all requirements of this plan; if Contractor does not meet all
requirements, City may choose to revoke this excuse from performance offered under
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this Agreement and may choose to use enforcement provisions under this Agreement,
including Sections 13.1, 13.2 and 13.3.
The party claiming excuse from performance shall, within two (2) days after such party has notice
of such cause, give the other party notice of the facts constituting such cause and asserting its
claim to excuse under this section.
The interruption or discontinuance of Contractor' s services caused by labor-related events
excused under this Section 13.8.2 shall not constitute a default by Contractor under this
Agreement. Notwithstanding the foregoing, however, if Contractor is excused from performing its
obligations hereunder for any of the causes listed in this section for a period of thirty (30) days or
more, City shall nevertheless have the right, at its sole discretion, to terminate this Agreement by
giving ten (10) days' notice, and may contract with another party for Solid Waste Services.
13.9 DISPUTE RESOLUTION
Except as may otherwise be set forth expressly herein, all disputes arising under this Agreement
shall be resolved as set forth in this section.
13.9.1 NEGOTIATION AND MEDIATION
The Parties shall attempt in good faith to resolve any dispute arising out of or relating to this
Agreement promptly by negotiations between the Parties' authorized representatives. The
disputing Party shall give the other Parties written notice of any dispute. Within five (5) days after
delivery of such notice, the authorized representatives shall meet at a mutually acceptable time
and place, and thereafter as often as they reasonably deem necessary to exchange information
and to attempt to resolve the dispute. If the matter has not been resolved within ten (10) days of
the first meeting, any Party may initiate a mediation of the dispute. The mediation shall be
facilitated by a mediator that is acceptable to all Parties and shall conclude within thirty (30) days
of its commencement, unless the Parties agree to extend the mediation process beyond such
deadline. Upon agreeing on a mediator, the Parties shall enter into a written agreement for the
mediation services with each Party paying a pro rata share of the mediator' s fee, if any. The
mediation shall be conducted in accordance with the Commercial Mediation Rules of the
American Arbitration Association; provided, however, that no consequential damages shall be
awarded in any such proceeding and each Party shall bear its own legal fees and expenses.
13.9.2 CONFIDENTIALITY
All negotiations and any mediation conducted pursuant to this section shall be confidential and
shall be treated as compromise and settlement negotiations, to which Section 1152 of the
California Evidence Code shall apply, which Section is incorporated in this Agreement by
reference.
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13.9.3 INJUNCTIVE RELIEF
Notwithstanding the foregoing provisions, a Party may seek a preliminary injunction or other
provisional judicial remedy if in its judgment such action is necessary to avoid irreparable damage
or to preserve the status quo.
13.9.4 CONTINUING OBLIGATION
Each Party shall continue to perform its obligations under this Agreement pending final resolution
of any dispute arising out of or relating to this Agreement.
13.9.5 FAILURE OF MEDIATION
If after good faith efforts to mediate a dispute under the terms of this Agreement the parties
cannot agree to a resolution of the dispute, any party may pursue whatever legal. remedies may
be available to it at law or in equity before a court of competent jurisdiction and with venue in Los
Angeles County.
13.10 ASSURANCE OF PERFORMANCE
City may, at its option and in addition to all other remedies it may have, demand from Contractor
reasonable assurances of timely and proper performance of this Agreement, in such form and
substance as City may require. If Contractor fails or refuses to provide satisfactory assurances of
timely and proper performance in the form and by the date required by City, such failure or
refusal shall be an event of default.
ARTICLE 14: OTHER AGREEMENTS OF THE PARTIES
14.1 RELATIONSHIP OF PARTIES
The parties intend that Contractor shall perform the services required by this Agreement as an
independent Contractor engaged by City and not as an officer or employee of City nor as a
partner of or joint venture with City. No employee or agent or Contractor shall be or shall be
deemed to be an employee or agent of City. Except as expressly provided herein, Contractor shall
have the exclusive control over the manner and means of conducting the Solid Waste Services
performed under this Agreement, and all Persons performing such services. Contractor shall be
solely responsible for the acts and omissions of its officers, employees, Companies,
Subcontractors and agents. Neither Contractor nor its officers, employees, Companies,
Subcontractors and agents shall obtain any rights to retirement benefits, workers' compensation
benefits, or any other benefits which accrue to City employees by virtue of their employment with
City.
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14.2 COMPLIANCE WITH LAW
In providing the services required under this Agreement, Contractor shall at all times, at its sole
cost, comply with all Applicable Laws.
14.3 GOVERNING LAW
This Agreement shall be governed by, and construed and enforced in accordance with, the laws of
the State of California.
14.4 JURISDICTION
Except for those matters where Federal Courts have exclusive jurisdiction, any lawsuits between
the Parties arising out of this Agreement shall be brought and concluded in the courts of the State
of California, which shall have exclusive jurisdiction over such lawsuits. With respect to venue, the
Parties agree that this Agreement is made in and will be performed in Los Angeles County.
14.5 ASSIGNMENT
Except as may be provided for in Article 12, neither party shall assign its rights, nor delegate,
subcontract or otherwise transfer its obligations under this Agreement to any other Person
without the prior written consent of the other party. Any such assignment made without the
consent of the other party shall be void and the attempted assignment shall constitute a material
breach of this Agreement.
For purposes of this section the term "assignment" shall be given the broadest possible
interpretation, and shall include, but not be limited to (i) a sale, exchange or other transfer of
substantially all of Contractor' s assets dedicated to service under this Agreement to a third party;
ii) a sale, exchange or other transfer of outstanding common stock of Contractor to a third party
provided said sale, exchange or transfer may result in a change of control of Contractor; (iii) any
dissolution, reorganization, consolidation, merger, re-capitalization, stock issuance or re -
issuance, voting trust, pooling agreement, escrow arrangement, liquidation or other transaction
which results in a change of ownership or control of Contractor; (iv) any assignment by operation
of law, including those resulting from mergers or acquisitions by or of Contractor of any of its
Affiliates, insolvency or bankruptcy, making assignment for the benefit of creditors, writ of
attachment for an execution being levied against this Agreement, appointment of a receiver
taking possession of Contractor' s property, or transfer occurring in the event of a probate
proceeding; and (v) any combination of the foregoing (whether or not in related or
contemporaneous transactions) which has the effect of any such transfer or change of ownership,
or change of control of Contractor.
Contractor acknowledges that this Agreement involved rendering a vital service to City's residents
and businesses, and that City has selected Contractor to perform the services specified herein
based on (1) Contractor' s experience, skill and reputation for conducting its Solid Waste Services
in a safe, effective and responsible fashion, at all times in keeping with applicable Environmental
Laws, regulations and best Solid Waste management practices, and (2) Contractor' s financial
resources to maintain the required equipment and to support its indemnity obligations to City
Docusign Envelope ID: 664FE19A-5E9C-4DCA-AEE6-42577002FAE2
Diamond Bar – WM 107 Franchise Agreement for Solid Waste Services
under this Agreement. City has relied on each of these factors, among others, in choosing
Contractor to perform the services to be rendered by Contractor under this Agreement.
If Contractor requests City's consideration of and consent to an assignment, City may deny or
approve such request in its complete discretion. No request by Contractor for consent to an
assignment need be considered by City unless and until Contractor has met the following
requirements:
A. Contractor shall pay to City in advance of consideration of any assignment a flat fee of
250,000 for expenses for City staff costs, consultant and attorney's fees and
investigation costs necessary to investigate the suitability of any proposed assignee, and
to review and finalize any documentation required as a condition for approving any such
assignment;
B. Contractor shall pay the City a transfer fee equal to 1% of the gross revenues times the
number of years (pro-rated for partial years) remaining under this Agreement (based on
actual rate revenues for the prior 12-months), plus the City’s costs of processing and
evaluating the assignment request;
C. Contractor shall furnish City with audited financial statements of the proposed assignee's
operations for the immediately preceding three (3) operating years;
D. A proforma financial statement (income statement and balance sheet) for the proposed
assignee with the projected results of operations assuming that the assignment is
completed. Such proforma financial statement shall reflect any debt to be incurred by the
assignee as part of the acquisition of Contractor’s operations; and,
E. Contractor shall furnish City with satisfactory proof: (i) that the proposed assignee has at
least ten (10) years of Solid Waste management experience on a scale equal to or
exceeding the sale of operations conducted by Contractor under this Agreement; (ii) that
in the last five (5) years, the proposed assignee has not suffered any significant citations
or other censure from any federal, state or local agency having jurisdiction over its Solid
Waste management operations due to any significant failure to comply with state, federal
or local Environmental Laws and that the assignee has provided City with a complete list
of such citations and censures; (iii) that the proposed assignee has at all times conducted
its operations in an environmentally safe and conscientious fashion; (iv) that the
proposed assignee conducts its Solid Waste management practices in accordance with
sound Solid Waste management practices in full compliance with all federal, state and
local laws regulating the Collection and Disposal of Solid Waste including Hazardous
Material; and, (v) of any other information required by City to ensure the proposed
assignee can fulfill the Terms of this Agreement in a timely, safe and effective manner.
Under no circumstances shall City be obliged to consider any proposed assignment by City if
Contractor is in default at any time during the period of consideration.
14.6 AFFILIATED COMPANIES
Contractor's accounting records shall be maintained on a basis showing the results of Contractor's
operations under this Agreement separately from operations in other locations, as if Contractor
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Diamond Bar – WM 108 Franchise Agreement for Solid Waste Services
were an independent entity providing service only to City. The costs and revenues associated with
providing service to City shall not be combined, consolidated or in any other way incorporated
with those of other operations conducted by Contractor in other locations, or with those of an
Affiliate. If Contractor enters into any financial transactions with a Related Party Entity for the
provision of labor, equipment, supplies, services, capital, etc., related to the furnishing of service
under this Agreement, that relationship shall be disclosed to City, and in the financial reports
submitted to City. In such event, City's rights to inspect records, and obtain financial data shall
extend to such Related Party Entity or entities.
14.7 CONTRACTING OR SUBCONTRACTING
Contractor shall not engage any contractors or subcontractors for the Collection of Solid Waste.
14.8 BINDING ON ASSIGNS
The provisions of this Agreement shall inure to the benefit to and be binding on the permitted
assigns (if any) of the Parties.
14.9 TRANSITION TO NEXT CONTRACTOR
Prior to, and at, the end of the Term or in the event this Agreement is terminated for cause prior
to the end of the Term, Contractor shall cooperate fully with City and any subsequent Solid Waste
enterprise it designates to assure a smooth transition of Solid Waste Services. Contractor's
cooperation shall include, but not be limited to, providing route lists, Billing information and other
operating records needed to service all Premises covered by this Agreement.
In recognition of the difficulty inherent in Customer’s difficulty or inability to store two sets of
Containers, Contractor shall remove its Containers in coordination with the distribution of
Containers by the incoming service provider. Contractor shall cooperate with the City and
incoming service provider in agreeing to the timing of Container removal; if parties cannot agree
on a phase-out schedule and Contractor does not remove Containers in a timely manner that
requires Customers to store two Containers, City, incoming service provider, or another entity
may remove Contractor’s Containers and seek cost reimbursement from Contractor through its
performance bond, letter of credit or other means. The failure to cooperate with City following
termination shall be conclusively presumed to be grounds for specific performance of this
covenant and/or other equitable relief necessary to enforce this covenant.
Contractor shall, to the maximum extent feasible, provide a new service provider with all keys,
security codes and remote controls used to access garages and Bin enclosures. Contractor shall be
responsible for coordinating transfer immediately after Contractor’s final pickups, so as not to
disrupt service. Contractor shall provide City with detailed route sheets containing service names
and addresses, billing names and addresses, monthly rate, and service levels (quantity, material
type, and size of Containers and pickup days) at least 90 days prior to the transition date, and
provide an updated list two weeks before the transition and a final list of changes the day before
the transition. Contractor shall provide means of access to the new service provider at least one
full calendar day (excluding Saturday, Sunday, and Designated Holidays) prior to the first day of
Docusign Envelope ID: 664FE19A-5E9C-4DCA-AEE6-42577002FAE2
Diamond Bar – WM 109 Franchise Agreement for Solid Waste Services
Collection by another party, and always within sufficient time so as not to impede in any way the
new service provider from easily servicing all Containers.
14.10 PARTIES IN INTEREST
Nothing in this Agreement, whether express or implied, is intended to confer any rights on any
Persons other than the parties to it and their representatives, successors and permitted assigns.
14.11 WAIVER
The waiver by either party of any breach or violation of any provisions of this Agreement shall not
be deemed to be a waiver of any breach or violation of any other provision nor of any subsequent
breach of violation of the same or any other provision. The subsequent acceptance by either party
of any moneys which become due hereunder shall not be deemed to be a waiver of any pre-
existing or concurrent breach or violation by the other party of any provision of this Agreement.
14.12 CONTRACTOR’S INVESTIGATION
Contractor has made an independent investigation ( satisfactory to Contractor) of the conditions
and circumstances surrounding the Agreement and the work to be performed by it.
14.13 NOTICE
All notices, demands, requests, proposals, approvals, consents, and other communications which
this Agreement requires, authorizes, or contemplates shall be in writing and shall either be
personally delivered to a representative of the parties at the address below or be deposited in the
United States mail, first class postage prepaid, addressed as follows:
If to the City:
City Manager
City of Diamond Bar
21810 Copley Drive
Diamond Bar, CA 92765
If to the Contractor:
Michael S. Hammer
President
WM Management Collection & Recycling Inc.
13940 Live Oak Ave
Baldwin Park, CA 91706
Copy to:
WM Southern California Market Area Headquarters
9081 Tujunga Ave.
Sun Valley, CA 91352
Attn: Legal Counsel
Docusign Envelope ID: 664FE19A-5E9C-4DCA-AEE6-42577002FAE2
Diamond Bar – WM 110 Franchise Agreement for Solid Waste Services
The address to which communications may be delivered may be changed from time to time by a
written notice given in accordance with this section.
Notice shall be deemed given on the day it is personally delivered or, if mailed, three days from
the date it is deposited in the mail.
This notice shall also be sent by e- mail to the City Manager.
14.14 REPRESENTATIVE OF THE PARTIES
All actions to be taken by City shall be taken by the City Council except as expressly provided
herein. The City Council may delegate authority to the City Manager, and/ or to other City
employees and may permit such employees, in turn, to delegate some or all of such authority to
subordinate employees. Contractor may rely upon actions taken by such delegates if they are
within the scope of the authority so delegated to them.
Contractor shall, by the effective date, designate in writing a responsible officer who shall serve as
the representative of Contractor in all matters related to the Agreement and shall inform City in
writing of such designation and of any limitations upon his or her authority to bind Contractor.
City may rely upon action taken by such designated representative as actions of Contractor unless
they are outside the scope of the authority expressly delegated to him/ her by Contractor as
communicated to City.
14.15 CITY FREE TO NEGOTIATE WITH THIRD PARTIES
City may investigate all options for the Collection, Transporting, Recycling, Processing and
Disposal of Solid Waste for periods during which this Agreement has expired or been terminated.
Without limiting the generality of the foregoing, City may solicit proposals from Contractor and
from third parties for the provision of Solid Waste Services which are the subject of this
Agreement, including without limitation Collection and Processing of Recyclable and Organic
Materials, Disposal, and any combination thereof, and may negotiate and execute agreements for
such services which will take effect upon the expiration or earlier termination of this Agreement
pursuant to Section 13.2 or otherwise.
14.16 COMPLIANCE WITH MUNICIPAL CODE
Contractor shall comply with those provisions of the Diamond Bar City Code which are applicable,
and with any and all amendments to such applicable provisions during the term of this
Agreement.
14.17 PRIVACY
Contractor shall strictly observe and protect the rights of privacy of Customers. Information
identifying individual Customers or the composition or contents of a Customer' s waste stream
shall not be revealed to any Person, governmental unit, private agency, or company, unless upon
the authority of a court of law, by statute, or upon valid authorization of the Customer. This
Docusign Envelope ID: 664FE19A-5E9C-4DCA-AEE6-42577002FAE2
Diamond Bar – WM 111 Franchise Agreement for Solid Waste Services
provision shall not be construed to preclude Contractor from preparing, participating in, or
assisting in the preparation of waste characterization studies or waste stream analyses which may
be required by AB 939. This provision shall not apply to reports or records provided to City
pursuant to this Agreement.
14.18 PROPRIETARY INFORMATION, PUBLIC RECORDS
The City acknowledges that a number of the records and reports of Contractor are proprietary
and confidential. Contractor is obligated to permit City inspection of its records on demand and to
provide copies to City where requested. City will endeavor to maintain the confidentiality of all
proprietary information provided by Contractor. Notwithstanding the foregoing, any documents
provided by Contractor to City that are public records may be disclosed pursuant to the California
Public Records Act.
ARTICLE 15: MISCELLANEOUS AGREEMENTS
15.1 ENTIRE AGREEMENT
This Agreement contains the entire integrated agreement and understanding concerning the
subject matter herein and supersedes and replaces any prior negotiations, promises, proposals
including Contractor's Proposal), and agreements between the Parties, whether written or oral.
The. Parties acknowledge this document has been executed with the consent and upon the advice
of counsel. Each of the Parties acknowledges that no Party or agent or attorney of any other party
has made any promise, representation, or warranty, express or implied, not contained in this
Agreement, to induce the other Party to execute this instrument.
15.2 SECTION HEADINGS
The article headings and section headings in this Agreement are for convenience of reference only
and are not intended to be used in the construction of this Agreement nor to alter or affect any of
its provisions.
15.3 REFERENCES TO LAWS AND OTHER AGREEMENTS
All references in this Agreement to laws shall be understood to include such laws as they may be
subsequently amended or recodified, unless otherwise specifically provided.
15.4 INTERPRETATION
This Agreement, including the Exhibits attached hereto, shall be interpreted and construed
reasonably and neither for nor against either Party, regardless of the degree to which either Party
participated in its drafting.
Docusign Envelope ID: 664FE19A-5E9C-4DCA-AEE6-42577002FAE2
Diamond Bar – WM 112 Franchise Agreement for Solid Waste Services
15.5 AGREEMENT
This Agreement may not be modified or amended in any respect except by a writing sighed by the
Parties.
15.6 SEVERABILITY
Invalidation of any of the provisions contained in this Agreement, or of the application thereof to
any person, by judgment or court order, shall in no way affect any of the other provisions hereof
or the application thereof to any other person or circumstance, and that same shall remain in full
force and effect, unless enforcement of this Agreement, as so invalidated, would be unreasonable
or inequitable under all the circumstances or would frustrate the purposes of this Agreement
and/ or the rights and obligations of the parties hereto.
15.7 EXHIBITS
Each of Exhibits identified as Exhibit "1” through "8” is attached hereto and incorporated herein
and made a part hereof by this reference.
15.8 ATTORNEYS’ FEES
If either Party to this Agreement is required to initiate or defend or made a party to any action or
proceeding between the Parties in any way connected with this Agreement, the prevailing Party
in such action or proceeding, in addition to any other relief which may be granted, whether legal
or equitable, shall be entitled to recover its reasonable attorney' s fees and costs from the
opposing Party. Attorneys' fees shall include attorney' s fees on any appeal. A Party entitled to
attorney' s fees shall be entitled to all other reasonable costs for investigating such action, taking
depositions and discovery, expert fees, and all other necessary costs the court allows which are
incurred in such litigation. All such fees shall be deemed to have accrued on commencement of
such action.
SIGNATURE PAGE FOLLOWS]
Docusign Envelope ID: 664FE19A-5E9C-4DCA-AEE6-42577002FAE2
Diamond Bar – WM 113 Franchise Agreement for Solid Waste Services
IN WITNESS WHEREOF, City and Contractor have executed this Agreement as of the day and year first
above written.
WASTE MANAGEMENT COLLECTION
CITY OF DIAMOND BAR AND RECYCLING, INC.
By: By:
Dan Fox Mike Hammer
City Manager President, So. Cal. Area
Approved as to form:
By:
By: Steve Kanow
Omar Sandoval Vice President, So. Cal. Area
City Attorney
ATTEST:
By:
Kristina Santana
City Clerk
Docusign Envelope ID: 664FE19A-5E9C-4DCA-AEE6-42577002FAE2
Diamond Bar – WM 114 Franchise Agreement for Solid Waste Services
EXHIBITS 1-8:
Exhibit 1: Maximum Monthly Rates
Exhibit 2: Rate Adjustment Procedure
Exhibit 3: List of Designated Facilities
Exhibit 4: List of Diversion Program Materials
Exhibit 5: Corporate Guaranty
Exhibit 6: Contractor’s Faithful Performance Bond
Exhibit 7: Report Format
Exhibit 8: Contractor’s Proposal
Docusign Envelope ID: 664FE19A-5E9C-4DCA-AEE6-42577002FAE2
EXHIBIT 1 - MAXIMUM MONTHLY RATES
City of Diamond Bar - WM Page 1 of 3 Solid Waste Services Franchise Agreement
TRASH CONTAINERS
Frequency of Collections per Week
Size/Type 1 2 3 4 5 6 Addl
Pickup
70 Gal Cart $38.37 $69.07 $99.77 $130.47 $161.17 $191.87 $46.45
98 Gal Cart $55.74 $100.33 $144.91 $189.50 $234.09 $278.68 $46.45
1.5 CY - 1st Bin $101.94 $183.50 $265.05 $346.60 $428.16 $509.71 $46.45
Each Addl Bin $91.75 $165.15 $238.55 $311.95 $385.36 $458.76 $46.45
2 CY - 1st Bin $116.75 $210.15 $303.55 $396.95 $490.35 $583.75 $46.45
Each Addl Bin $105.06 $189.11 $273.16 $357.21 $441.27 $525.32 $46.45
3 CY - 1st Bin $144.54 $260.18 $375.81 $491.45 $607.08 $722.72 $46.45
Each Addl Bin $130.08 $234.14 $338.21 $442.27 $546.33 $650.40 $46.45
4 CY - 1st Bin $183.00 $329.40 $475.80 $622.20 $768.61 $915.01 $46.45
Each Addl Bin $164.68 $296.43 $428.17 $559.92 $691.67 $823.41 $46.45
6 CY - 1st Bin $218.44 $393.19 $567.94 $742.70 $917.45 $1,092.20 $46.45
Each Addl Bin $196.59 $353.87 $511.14 $668.41 $825.69 $982.96 $46.45
TRASH COMPACTORS
Frequency of Collections per Week
Size/Type 1 2 3 4 5 6 Addl
Pickup
2 CY Compactor $233.50 $420.30 $607.10 $793.89 $980.69 $1,167.49 $92.89
3 CY Compactor $289.09 $520.36 $751.62 $982.89 $1,214.16 $1,445.43 $92.89
4 CY Compactor $366.00 $658.80 $951.61 $1,244.41 $1,537.21 $1,830.01 $92.89
RECYCLING CONTAINERS
Frequency of Collections per Week
Size/Type 1 2 3 4 5 6 Addl
Pickup
70 Gal Cart $19.19 $34.54 $49.89 $65.24 $80.59 $95.94 $23.23
98 Gal Cart $27.87 $50.17 $72.46 $94.75 $117.05 $139.34 $23.23
1.5 CY - 1st Bin $50.97 $91.75 $132.53 $173.30 $214.08 $254.86 $23.23
Each Addl Bin $45.88 $82.58 $119.28 $155.98 $192.68 $229.38 $23.23
2 CY - 1st Bin $58.38 $105.08 $151.78 $198.48 $245.18 $291.88 $23.23
Each Addl Bin $52.53 $94.56 $136.58 $178.61 $220.64 $262.66 $23.23
3 CY - 1st Bin $72.27 $130.09 $187.91 $245.73 $303.54 $361.36 $23.23
Each Addl Bin $65.04 $117.07 $169.11 $221.14 $273.17 $325.20 $23.23
ORGANICS CONTAINERS
Frequency of Collections per Week
Size/Type 1 2 3 4 5 6 Addl
Pickup
70 Gal Cart $38.37 $69.07 $99.77 $130.47 $161.17 $191.87 $46.45
98 Gal Cart $55.74 $100.33 $144.91 $189.50 $234.09 $278.68 $46.45
2 CY - 1st Bin $116.75 $210.15 $303.55 $396.95 $490.35 $583.75 $46.45
Each Addl Bin $105.06 $189.11 $273.16 $357.21 $441.27 $525.32 $46.45
Docusign Envelope ID: 664FE19A-5E9C-4DCA-AEE6-42577002FAE2
EXHIBIT 1 - MAXIMUM MONTHLY RATES
City of Diamond Bar - WM Page 2 of 3 Solid Waste Services Franchise Agreement
OTHER SERVICES
Frequency of Collections per Week
Size/Type 1 2 3 4 5 6
Scout Service $78.00 $156.00 $234.00 $312.00 $390.00 $468.00
Container Lock Charge $15.00 $30.00 $45.00 $60.00 $75.00 $90.00
Enclosure Lock Charge $15.00 $30.00 $45.00 $60.00 $75.00 $90.00
Sunday Service - Each Service $75.00
Valet ServiceforCarts $30.00 $60.00 $90.00 $120.00 $150.00 $180.00
Docusign Envelope ID: 664FE19A-5E9C-4DCA-AEE6-42577002FAE2
EXHIBIT 1 - MAXIMUM MONTHLY RATES
City of Diamond Bar - WM Page 3 of 3 Solid Waste Services Franchise Agreement
ROLL OFF BOX HAULING SERVICE Rate
Roll off boxes and compactors (all sizes). Includes delivery and removal. $321.28 per haul
Roll off boxes and compactors (all sizes). Includes delivery and removal.
Customer owned equipment. $321.28 per haul
ROLL OFF BOX DISPOSAL / PROCESSING / OTHER FEES Rate
Solid waste (transfer only - no processing) $90.00 per ton
Solid waste processing (MRF) 1 $90.00 per ton
Commingled recyclables processing $125.00 per ton
Segregated green waste $120.00 per ton
Segregated food waste $155.00 per ton
Organics $155.00 per ton
C&D processing 2 $125.00 per ton
Roll-off box cleaning beyond one (1) per year. $160.00 per event
Redelivery/Return trip/Dry run $200.00 per event
Temporary roll-off daily rental after 7 days with no dump $35.00 per day
Relocation fee $200.00 per event
Sunday service surcharge $100.00 per event
TEMPORARY BIN SERVICE Rate
3 CY bin - deliver, pickup and one dump $185.00 per event
3 CY bin additional dump $135.00 per event
6 CY bin - deliver, pickup and one dump $210.00 per event
6 CY bin additional dump $160.00 per event
Daily rental after 7 days $30.00 Per Day
BULKY ITEM COLLECTION Rate
MFD bulky item pickup - beyond four (4) pickup collection events per year. $60.00 Per event
Commercial bulky item pickup - per collection event. $60.00 Per event
Commercial bulky item pickup - per item. $15.00 Per Item
OTHER FEES Rate
Bin cleaning bin fee beyond one (1) per year. $100.00 per event
Enclosure clean-out fee due to overflowing containers. $100.00 per event
Return trip fee on scheduled pickup day. $75.00 per event
Service reinstatement fee after suspension for non-payment $35.00 per event
Bin Exchange beyond once per Agreement Year $125.00 per event
Contamination fee upon third and subsequent occurrence in 12-month period. $100.00 per event
Late payment charge (unpaid balance each month after 30 days past due date) 1.50% per month
Emergency service - 1 Crew & 1 Truck $250.00 per hour
Docusign Envelope ID: 664FE19A-5E9C-4DCA-AEE6-42577002FAE2
EXHIBIT 2 – RATE ADJUSTMENT PROCEDURE
City of Diamond Bar 1 Franchise Agreement for Solid Waste Services
Applications for rate adjustments shall be prepared in accordance with the procedures provided herein
together with an Excel Worksheet entitled Exhibit 2 Rate Adjustment Procedure.
The rate adjustment calculation shall be prepared by completing the separate tabs in the Excel Worksheet; Tab
1A – Commercial Cart and Bin, TAB 1B – Roll Off Box Hauling, Tab 1C – Other Services, and Tabs 2A and 2B which
contain the previous period rates. Tabs 3A – Adjusted Commercial Rates and Tab 3B – Adjusted Roll Off & Other
Rates will automatically calculate the adjusted rates based on the input into the previous worksheets.
1. Procedure for Commercial Carts & Bins Service – TAB 1A
Step One: Calculate Collection Component Percentage Change.
Table 1 – Tab 1A Example of Step One
The Collection Cost Component shall be calculated based on the following Cost Categories and Indices.
Cost Category Index
Labor Driver rates based on labor agreement.
Fuel Producer Price Index WPU05522101 – Commodity data for Fuels and related products
and power-Commercial natural gas, not seasonally adjusted.
Equipment Producer Price Index PCU33612-33612 – Industry data for Heavy duty truck
manufacturing, not seasonally adjusted.
All Other Consumer Price Index CUURS49ASA0L1E – All items less food and energy in Los Angeles-
Long Beach-Anaheim, CA, all urban consumers, not seasonally adjusted.
The following procedural steps are for completing Step One in Tab 1A – Commercial Carts & Bins Service
refer to Table 1 above.)
1) In Column A, enter the “Previous Period Index Value” for each cost category. The values in this
worksheet serve as an example only. For Rate Year July 1, 2026 rate adjustment application, the
Previous Period Index Value" shall be the annual average values of the indices for the year
ending December 2025. (Refer to Section 4 for example of annual average calculation)
A B C D E F
Row Cost Category
Previous Period
Index Value 1
New Index
Value 2
Percent Change in Index
COL B - COL A) / COL A
Component
Weighting 3
Weighted
Percentage
Change
COL C * COL
D)
Index
Source
1 Labor 26.2500 27.0400 3.0095% 21.5000%0.6470%Note 12
2 Fuel 299.7508 270.7215 -9.6845% 2.3000%0.2227%
3 Equipment 156.7432 160.3549 2.3042% 13.0000%0.2995%
4 Other (Except Material Handling)305.4580 316.9430 3.7599% 35.0000%1.3160%
5 Total Collection Component 71.8000% 2.0398%
STEP ONE: Calculate Collection Component Percentage Change
Docusign Envelope ID: 664FE19A-5E9C-4DCA-AEE6-42577002FAE2
EXHIBIT 2 – RATE ADJUSTMENT PROCEDURE
City of Diamond Bar 2 Franchise Agreement for Solid Waste Services
For subsequent rate adjustment applications beginning with Rate Year July 1, 2027, the
Previous Period Index Value" shall be the indices values from the previous year's rate
adjustment application Column B.
2) In Column B, enter the "New Index Value" for each cost category. The “New Index Value” shall
be the annual average values of the indices ending December of the prior year.
3) In Column D, enter the “Component Weighting” for each cost category. The values entered in
Table 1, Column D were derived from the Contractor’s proposal and shall be used in the Rate
Year July 1, 2026 rate adjustment application.
For Subsequent rate adjustment applications beginning with Rate Year July 1, 2027,
Component Weightings" shall be as calculated in Step 6.
Step Two: Calculate Material Handling Component Percentage Change.
Table 2 – Tab 1A Example of Step Two
The following procedural steps are for completing Step Two in Tab 1A – Commercial Carts & Bin Service
refer to Table 2 above).
1) In Column G, enter the “Previous Period Index Value” for the material handling. The values in
this worksheet serve as an example only. For the Rate Year July 1, 2026 rate adjustment
application, the "Previous Period Index Value" shall be the per ton tipping fee in effect at Puente
Hills MRF in December 2025.
For subsequent rate adjustment applications beginning with Rate Year July 1, 2027, the
Previous Period Index Value" for the material handling component shall be the per ton tipping
fee from the previous year’s rate adjustment application Column H.
2) In Column H, enter the "New Index Value" for the material handling component. The “New
Index Value” shall be the per ton tipping fee in effect at Puente Hills MRF in December of the
previous year.
G H I
Cost Component
Previous Period
Index Value 4
New Index
Value 5
Percent Change in Index
COL H - COL H) / COL H
6 Material Handling 87.26 90.00 3.1400%
STEP TWO: Calculate Material Handling Component Percentage Change
Docusign Envelope ID: 664FE19A-5E9C-4DCA-AEE6-42577002FAE2
EXHIBIT 2 – RATE ADJUSTMENT PROCEDURE
City of Diamond Bar 3 Franchise Agreement for Solid Waste Services
Step Three: Calculate Material Handling Component Index.
Table 3 – Tab 1A Example of Step Three
The following procedural steps are for completing Step Three in Tab 1A – Commercial Carts & Bins Service
refer to Table 3 above.)
1) Material handling facilities listed in Table 3 above are the material handling facilities planned
for use under this agreement as proposed by Contractor in their Proposal.
2) In Column J, enter the Previous Period Tipping Fee for the material handling facilities. The
values entered in Table 3, Column K were provided by the Contractor in their Proposal and
proposal and shall be used in the Rate Year July 1, 2026 rate adjustment application.
For subsequent rate adjustment applications beginning with Rate Year July 1, 2027, the
Previous Period Tipping Fee" values shall be the values from the previous year's rate
adjustment application Column N.
3) In Column K, enter the Previous Period Tonnage delivered to each of the material handling
facilities. The values entered in Table 3, Column K were provided by the Contractor in their
Proposal and shall be used in the Rate Year July 1, 2026 rate adjustment application.
4) In Column O, enter the total tons delivered to each facility for the previous 12-month period
ending December 31st.
Step Four: Calculate Percentage Change in Weighted Material Handling Component Index.
Table 4 – Tab 1A Example of Step Four
The following procedural steps are for completing Step Four in Tab 1A – Commercial Carts & Bins Service
refer to Table 4 above).
J K L M N O P
Row Material Handling Facilities 6
Previous
Period
Tipping Fee 7
Previous
Period
Tonnage 8
Previous Period
Material
Handling Cost
COL J * COL K)
Percent Change
in Index (COL I
Row 6)
Adjusted
Tipping Fee
COL J * COL
M)
12 Month
Period
Ending
December
Tonnage 9
New Material
Handling Cost
COL N * COL O)
7 GCR&TRefuse Transfer to El Sobran $63.48 9,497.0 $602,869.56 3.140% $65.47 6,173.0 $404,166.67
8 Recycling Processing Azusa MRF $120.66 244.0 $29,441.04 3.140% $124.45 1,669.0 $207,705.00
9 Organics Transfer Synagro $100.79 252.0 $25,399.08 3.140% $103.95 2,151.0 $223,606.88
10 Unused $0.00
11 Totals 9,993.0 $657,709.68 9,993.0 $835,478.55
12 Material Handling Index Value Prior Period (L11 / K11) >>$65.8170 New Value (P11 / O11) >>$83.6064
STEP THREE: Calculate Material Handling Component Index
Q R S T U
Row Cost Component
Previous Index
Value
COL L, ROW 12)
New Index Value
COL P, ROW 12)
Percent Change in
Index
COL Q - COL R) / COL Q
Component
Weighting 10
Weighted
Percentage
Change
13 Material Handling Component 65.8170 83.6064 27.0285% 28.2000%7.6220%
STEP FOUR: Calculate Percentage Change in Weighted Material Handling Index
Docusign Envelope ID: 664FE19A-5E9C-4DCA-AEE6-42577002FAE2
EXHIBIT 2 – RATE ADJUSTMENT PROCEDURE
City of Diamond Bar 4 Franchise Agreement for Solid Waste Services
1) In Column T, Row 13, enter the Component Weighting for material handling.
The value entered in Table 4, Column T was derived from the Contractor’s Proposal and shall
be used in the Rate Year July 1, 2026 rate adjustment application.
For subsequent rate adjustment applications beginning with Rate Year July 1, 2027, the
Component Weighting" for the material handling component shall be as calculated in Step 6.
Step Five: Calculate The Permitted Percentage Rate Change.
Table 5 – Tab 1A Example of Step Five
The following procedural steps are for completing Step Five in Tab 1A – Commercial Carts & Bins Service
refer to Table 5 above).
1) Enter any “Allowed Carry Over” percentage from prior period(s) into Column W, Row 16.
2) The permitted percentage rate adjustment is calculated in Column Z, Row 16.
Step Six: Calculate Cost Component Weightings For Future Rate Adjustment Calculations.
Table 6 – Tab 1A Example of Step Six
In step six, the component weights are automatically reset to equal 100% for use in the subsequent rate
adjustment.
V W X Y Z
Row Cost Component
This Period
Percentage
Rate
Adjustment
Allowed Carry
Over Previous
Period(s)
Total Allowed
Percentage Rate
Adjustment
COL V + COL W)
Maximum 5%
any Rate Year
Next Periods
Carryover) 11
Total Permitted
Percentage Rate
Adjustment
COL X - COL Y) 11
14 Collection Component 2.0398%
15 Material Handling Component 7.6220%
16 Total 9.6600% 0.0000% 9.6600% 4.6600% 5.0000%
STEP FIVE: Calculate the Permitted Percentage Rate Change
AA AB AC AD AE
Row Cost Component
Component
Weighting This
Period
Percentage
Change as
Applied toRate
Adjustment
Increase in Cost
Components
COL AA * COL AB)
Cost Component
Increased
COL AA + COL AC)
Cost Components
Reweighted to Equal
100% for Future
Adjustments
17 Labor 21.5000% 0.6470% 0.1391% 21.6391%21.0532%
18 Fuel 2.3000% -0.2227% -0.0051% 2.2949%2.2327%
19 Equipment 13.0000% 0.2995% 0.0389% 13.0389%12.6859%
20 Other (Except Material Handling)35.0000% 1.3160% 0.4606% 35.4606%34.5005%
21 Material Handling Component 28.2000% 7.6220% 2.1494% 30.3494%29.5277%
22 Total 100.0000% 9.6619% 2.7829% 102.7829% 100.0000%
STEP SIX: Calculate the Cost Components Weighting for Future Rate Adjustment Calculation
Docusign Envelope ID: 664FE19A-5E9C-4DCA-AEE6-42577002FAE2
EXHIBIT 2 – RATE ADJUSTMENT PROCEDURE
City of Diamond Bar 5 Franchise Agreement for Solid Waste Services
2. Procedure for Roll Off Box Hauling Service – Tab 1B
Step One: Calculate Collection Component Percentage Change.
Table 7 – Tab 1B Example of Step One
The Hauling Cost Component shall be calculated based on the following Cost Categories and Indices.
Cost Category Index
Labor Driver rates based on labor agreement.
Fuel Producer Price Index WPU05522101 – Commodity data for Fuels and related products
and power-Commercial natural gas, not seasonally adjusted.
Equipment Producer Price Index PCU33612-33612 – Industry data for Heavy duty truck
manufacturing, not seasonally adjusted.
All Other Consumer Price Index CUURS49ASA0L1E – All items less food and energy in Los Angeles-
Long Beach-Anaheim, CA, all urban consumers, not seasonally adjusted.
The following procedural steps are for completing Step One in Tab 1B – Roll Off Box Hauling (refer to Table
7 above).
1) In Column A, enter the “Previous Period Index Value” for each cost category. The values in this
worksheet serve as an example only. For Rate Year July 1, 2026 rate adjustment application, the
Previous Period Index Value" shall be the annual average values of the indices for the year
ending December 2025.
For subsequent rate adjustment applications beginning with Rate Year July 1, 2027, the
Previous Period Index Value" shall be the indices values from the previous year's rate
adjustment application Column B.
2) In Column B, enter the "New Index Value" for each cost category. The “New Index Value” shall
be the annual average values of the indices ending December of the prior year.
3) In Column D, enter the “Component Weightings” for each cost category. The values entered in
Table 7, Column D were derived from the Contractor’s proposal and shall be used in the Rate
Year July 1, 2026 rate adjustment application.
A B C D E F
Row Cost Category
Previous
Period Index
Value 1
New Index
Value 2
Percent Change
in Index (COL B -
COL A) / COL A
Component
Weighting 3
Weighted
Percentage Change
COL C * COL D)
Index
Source
1 Labor 26.2500 27.0400 3.0095% 21.5000%0.0065 Note 5
2 Fuel 299.7508 270.7215 -9.6845% 2.3000%(0.0022)
3 Equipment 156.7432 160.3549 2.3042% 13.0000%0.0030
4 Other (Except Material Handling)305.4580 316.9430 3.7599% 35.0000%0.0132
5 Total Hauling Component 71.8000%2.0398%
STEP ONE: Calculate Hauling Component Percentage Change
Docusign Envelope ID: 664FE19A-5E9C-4DCA-AEE6-42577002FAE2
EXHIBIT 2 – RATE ADJUSTMENT PROCEDURE
City of Diamond Bar 6 Franchise Agreement for Solid Waste Services
For Subsequent rate adjustment applications, "Component Weightings" shall be as
calculated in Step 3.
Step Two: Calculate The Permitted Percentage Rate Change.
Table 8 – Tab 1B Example of Step Two
The following procedural steps are for completing Step Two in Tab 1B – Roll Off Box Hauling (refer to Table
8 above).
1) Enter any “Allowed Carry Over” percentage from prior period(s) into Column H, Row 6.
2) The permitted percentage rate adjustment is calculated in Column K, Row 6.
Step Three: Calculate Cost Component Weightings For Future Rate Adjustment Calculations.
Table 9 – Tab 1B Example of Step Three
In step three, the component weights are automatically reset to equal 100% for use in the subsequent rate
adjustment.
3. Procedure for Other Services – Tab 1C
The following procedure applies for Tab 1C – Other Services. Other Services are those that do not have a
material handling component such as scout service, container lock, bin cleaning service, etc.
Step One: Calculate Service Cost Component Percentage Change
Table 10 – Tab 1C Example of Step One
G H I J K
Row Cost Component
This Period
Percentage
Rate
Adjustment
Allowed Carry
Over Previous
Period(s)
Total Allowed
Percentage Rate
Adjustment
COL G + COL H)
Maximum 5%
any Rate Year
NextPeriods
Carryover) 4
Total Permitted
Percentage Rate
Adjustment
COL X - COL Y) 4
6 Hauling Component 2.0400% 0.0000% 2.0400% 0.0000% 2.0400%
STEP TWO: Calculate the Permitted Percentage Rate Change
L M N O P
Row Cost Category
Component
Weighting
This Period
Percentage
Change as
Applied to Rate
Adjustment
Increase in
Cost
Components
L * M)
Cost
Component
Increased
L + N)
Cost Components
Reweighted to
Equal 100% for
Future Adjustments
7 Labor 21.5000% 0.6470% 0.1391% 21.6391% 29.8744%
8 Fuel 2.3000% -0.2227% -0.0051% 2.2949%3.1683%
9 Equipment 13.0000% 0.2995% 0.0389% 13.0389% 18.0013%
10 Other 35.0000% 1.3160% 0.4606% 35.4606% 48.9560%
11 Total 71.8000% 2.0398% 0.6335% 72.4335% 100.0000%
STEP THREE: Calculate the Cost Components Weighting for Future Rate Adjustment Calculation
Docusign Envelope ID: 664FE19A-5E9C-4DCA-AEE6-42577002FAE2
EXHIBIT 2 – RATE ADJUSTMENT PROCEDURE
City of Diamond Bar 7 Franchise Agreement for Solid Waste Services
The Service Component shall be calculated based on the following Cost Categories and Indices.
Cost Category Index
Labor Driver rates based on labor agreement.
Fuel Producer Price Index WPU05522101 – Commodity data for Fuels and related products
and power-Commercial natural gas, not seasonally adjusted.
Equipment Producer Price Index PCU33612-33612 – Industry data for Heavy duty truck
manufacturing, not seasonally adjusted.
All Other Consumer Price Index CUURS49ASA0L1E – All items less food and energy in Los Angeles-
Long Beach-Anaheim, CA, all urban consumers, not seasonally adjusted.
The following procedural steps are for completing Step One in Tab 1C – Other Services (refer to Table 10
above).
1) In Column A, enter the “Previous Period Index Value” for each cost category. The values in this
worksheet serve as an example only. For Rate Year July 1, 2026 rate adjustment application, the
Previous Period Index Value" shall be the annual average values of the indices for the year
ending December 2025.
For subsequent rate adjustment applications beginning with Rate Year July 1, 2027, the
Previous Period Index Value" shall be the indices values from the previous year's rate
adjustment application Column B.
2) In Column B, enter the "New Index Value" for each cost category. The “New Index Value” shall
be the annual average values of the indices ending December of the prior year.
3) In Column D, enter the “Component Weightings” for each cost category. The values entered in
Table 10, Column D were derived from the Contractor’s proposal and shall be used in the Rate
Year July 1, 2026 rate adjustment application.
For Subsequent rate adjustment applications, "Component Weightings" shall be as calculated
in Step 3.
A B C D E F
Row Cost Category
Previous
Period Index
Value 1
New Index
Value 2
Percent Change
in Index (COL B -
COL A) / COL A
Component
Weighting 3
Weighted
Percentage Change
COL C * COL D)Index Source
1 Labor 26.2500 27.0400 0.0301 0.2150 0.0065 Note 5
2 Fuel 299.7508 270.7215 (0.0968) 0.0230 (0.0022)
3 Equipment 156.7432 160.3549 0.0230 0.1300 0.0030
4 Other (Except Material Handling)305.4580 316.9430 0.0376 0.6320 0.0238
5 Totals 100.0000% 3.1001%
STEP ONE: Calculate Percentage Change in Index
Docusign Envelope ID: 664FE19A-5E9C-4DCA-AEE6-42577002FAE2
EXHIBIT 2 – RATE ADJUSTMENT PROCEDURE
City of Diamond Bar 8 Franchise Agreement for Solid Waste Services
Step Two: Calculate The Permitted Percentage Rate Change.
Table 11 – Tab 1C Example of Step Two
The following procedural steps are for completing Step Two in Tab 1C – Other Services (refer to Table 11
above).
1) Enter any “Allowed Carry Over” percentage from prior period(s) into Column H, Row 6.
2) The permitted percentage rate adjustment is calculated in Column K, Row 6.
Step Three: Calculate Cost Component Weightings For Future Rate Adjustment Calculations.
Table 12 – Tab 1C Example of Step Three
In step three, the component weights are automatically reset to equal 100% for us in the subsequent rate
adjustment.
4. Procedure for Calculating Adjusted Rates – Tab 2A and 2B
Step One: Enter the previous period Commercial Carts & Bin rates into Tab 2A
Step Two: Enter the previous period Roll Off and Other Rates into Tab 2B
For Rate Year July 1, 2026 rate adjustment application, the previous period rates shall be the approved
rates for rate year 2024/2025. For subsequent rate adjustment applications beginning with Rate Year July
1, 2027, the previous period rates shall be the prior Rate Year’s approved rates.
G H I J K
Row
This Period
Percentage
Rate
Adjustment
Allowed
Carry Over
Prior
Period(s)
Total Allowed
Percentage
Rate
Adjustment
COL G + COL
H)
Maximum 5%
any Rate Year
Next Period
Carryover) 4
Total Permitted
Percentage Rate
Adjustment
COL I - COL J) 4
6 Service Component 3.100% 0.000% 3.100% 0.000% 3.100%
STEP TWO: Calculate the Permitted Percentage Rate Change
L M N O P
Row Cost Category
Component
Weighting
This Period
Percentage
Change as
Applied to
Rate
Adjustment
Increase in
Cost
Components
COL L * COL
M)
Cost
Component
Increased
COL L + COL
N)
Cost Components
Reweighted to
Equal 100% for
Future
Adjustments
7 Labor 21.5000% 0.6470% 0.1391% 21.6391% 21.2827%
8 Fuel 2.3000% -0.2227% -0.0051% 2.2949% 2.2571%
9 Equipment 13.0000% 0.2995% 0.0389% 13.0389% 12.8242%
10 Other (Except Material Handling)63.2000% 2.3763% 1.5018% 64.7018% 63.6361%
11 Total 100.0000% 3.1001% 1.6747% 101.6747% 100.0001%
STEP THREE: Calculate the Cost Components Weighting for Future Rate Adjustment Calculation
Docusign Envelope ID: 664FE19A-5E9C-4DCA-AEE6-42577002FAE2
EXHIBIT 2 – RATE ADJUSTMENT PROCEDURE
City of Diamond Bar 9 Franchise Agreement for Solid Waste Services
Upon completion of the procedures established in Sections 1 through 4, the maximum rates will be
calculated automatically in Tab 3A – Adjusted Commercial Rates, and Tab 3B – Adjusted Rolloff and Other
Rates.
5. Average Annual Change in Published Indices
Fuel Index
The fuel rate adjustment index is calculated using the “average annual change” as demonstrated in the
example below, measured for the 12 months ending December prior to the Rate Year anniversary date
compared to the 12 months ending December in the previous year. The Bureau of Labor Statistics
publishes the Producer Price Index for Fuels and Related Products and Power – Natural Gas.
In the example below, the average annual index for the 12 months ended December 2023 of 270.7215 is
the “New Index Value,” for Fuel and it is to be entered into Column B, Row 2 of the Rate Adjustment
Procedure worksheet Tabs 2A 1A - Carts & Bins, 1B – Roll Off Box Hauling, and 1C – Other Services.
The average annual index for the 12 months ended December 2022 of 299.7508 is the “Previous Index
Value” for fuel and it is to be entered into Column A, Row 2 of the Rate Adjustment Procedure worksheet
Tabs 2A 1A - Carts & Bins, 1B – Roll Off Box Hauling, and 1C – Other Rates.
This would result in a 9.6845% decrease to the Fuel cost category of rates as calculated in Column C, Row
2 in Tabs 1A, 1B, and 1C.
PPI Commodity Data
Series Id: WPU05522101
Not Seasonally Adjusted
Series Title: PPI Commodity data for Fuels and related products and power-Commercial natural gas,
not seasonally adjusted
Group: Fuels and related products and power
Item: Commercial natural gas, Pacific
Base Date: 199012
Source: https://data.bls.gov/timeseries/WPU05522101
PPI Commodity Data
Series Id:WPU05522101
Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Annual
2014 195.0000 202.2000 216.3000 209.1000 206.2000 201.6000 203.1000 197.1000 195.3000 191.4000 193.6000 198.3000 200.7667
2015 196.6000 189.8000 183.1000 175.0000 169.3000 173.6000 173.5000 174.9000 171.0000 170.4000 171.1000 171.1000 176.6167
2016 173.1000 171.4000 164.2000 163.2000 161.4000 161.7000 170.3000 176.5000 176.5000 178.5000 183.4000 184.5000 172.0583
2017 192.1000 190.7000 188.5000 188.8000 188.1000 190.2000 187.4000 187.3000 185.8000 184.8000 190.9000 194.0000 189.0500
2018 193.1000 201.0000 195.8000 190.5000 184.6000 183.7000 185.1000 188.9000 186.1000 185.1000 191.3000 203.0000 190.6833
2019 203.5000 199.7000 198.5000 193.8000 187.0000 186.6000 185.4000 188.5000 184.4000 185.6000 190.9000 193.4000 191.4417
2020 195.1000 191.2000 187.3000 180.7000 178.8000 180.7000 178.5000 181.4000 185.6000 184.8000 200.8000 202.2000 187.2583
2021 206.2000 208.3000 212.7000 213.9000 215.9000 222.1000 223.6250 232.5240 238.5540 254.8440 267.3180 267.6130 230.2982
2022 269.8120 267.5040 265.5180 273.0230 291.6530 317.0510 306.7300 321.1900 330.3090 317.9990 312.2300 323.9900 299.7508
2023 364.2930 318.3540 282.9800 260.5790 244.8270 242.0070 246.6130 251.0810 245.7170 250.4990 269.6930 272.0150 270.7215
2024 272.211(P) 273.192(P)
9.6845%
P : Preliminary. All indexes are subject to monthly revisions up to four months after original publication.
Percent Change inIndex (270.72150 - 299.7508) / 299.7508
Docusign Envelope ID: 664FE19A-5E9C-4DCA-AEE6-42577002FAE2
EXHIBIT 2 – RATE ADJUSTMENT PROCEDURE
City of Diamond Bar 10 Franchise Agreement for Solid Waste Services
Equipment Index
The PPI rate adjustment index is calculated using the “average annual change” as demonstrated in the
example below, measured for the 12 months ending December prior to the Rate Year anniversary date
compared to the 12 months ending December in the previous year.
In the example below, the average annual index for the 12 months ended December 2023 of 160.3549 is
the “New Index Value,” for Equipment and it is to be entered into Column B, Row 3 of the Rate Adjustment
Procedure worksheet Tabs 1A – Commercial Carts & Bins, 1B-Roll Off Box Hauling, and 1C – Other
Services.
The average annual index for the 12 months ended December 2022 of 156.7432 is the “Previous Period
Index Value” and it is to be entered into Column A, Row 3 of Tab 1A – Commercial Carts & Bins, 1B-Roll Off
Box Hauling, and 1C – Other Services.
This would result in a 2.3042% increase in the Equipment cost category of the rates as calculated in
Column C, Row 3 of Tabs 1A, 1B, and 1C.
PPI Industry Data
Series Id: PCU33612-33612-
Series Title: PPI industry data for Heavy duty truck manufacturing, not seasonally adjusted
Industry: Heavy duty truck manufacturing
Product: Heavy duty truck manufacturing
Base Date: 200312
Source: https://data.bls.gov/
CPI Index
The CPI rate adjustment index is calculated using the “average annual change” as demonstrated in the
example below, measured for the 12 months ending December prior to the Rate Year anniversary date
compared to the 12 months ending December in the previous year.
PPI Industry Data
Series Id:PCU33612-33612-
Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Annual
2014 138.8000 139.2000 139.3000 139.1000 139.1000 139.1000 139.1000 139.4000 139.4000 139.6000 139.7000 139.6000 139.2833
2015 140.7000 140.9000 141.9000 141.9000 141.7000 141.7000 142.3000 142.4000 142.4000 142.5000 142.7000 142.9000 142.0000
2016 144.3000 144.3000 144.2000 144.6000 144.8000 144.6000 144.6000 144.8000 145.2000 145.0000 145.2000 145.4000 144.7500
2017 147.8000 147.6000 147.4000 148.2000 148.2000 147.3000 147.6000 147.7000 147.4000 147.0000 147.4000 147.5000 147.5917
2018 147.6000 148.5000 148.7000 148.5000 148.8000 148.8000 149.2000 150.3000 150.3000 150.3000 150.3000 150.3000 149.3000
2019 150.5000 150.5000 150.5000 150.5000 150.5000 150.5000 151.1000 151.1000 151.1000 151.1000 151.1000 151.1000 150.8000
2020 151.8000 151.8000 151.8000 151.8000 151.8000 151.8000 152.6000 152.6000 152.6000 152.7000 152.7000 152.9000 152.2417
2021 152.9000 152.9000 153.0000 153.1000 153.2000 153.4000 153.4500 153.7860 153.7860 153.8380 154.0220 154.0220 153.4503
2022 154.6460 154.7010 154.7010 154.7010 156.8450 157.5270 157.5460 157.6830 157.7430 158.1470 158.2320 158.4460 156.7432
2023 158.5920 159.4920 159.4940 159.6290 159.8490 160.3320 160.9030 160.9040 161.1860 161.2230 161.2880 161.3670 160.3549
2024 161.367(P) 161.633(P)
2.3042%Percent Change in Index (160.3549 - 156.7432) / 156.7432
Docusign Envelope ID: 664FE19A-5E9C-4DCA-AEE6-42577002FAE2
EXHIBIT 2 – RATE ADJUSTMENT PROCEDURE
City of Diamond Bar 11 Franchise Agreement for Solid Waste Services
In the example below, the average annual index for the 12 months ended December 2023 of 316.9430 is
the “New Index Value” for Other (Except Material Handling) and it is to be entered into Column A, Row 4 of
the Rate Adjustment Procedure worksheet Tabs 1A – Commercial Carts & Bins, 1B – Roll Off Box Hauling,
and 1C – Other Services.
The average annual index for the 12 months ended December 2022 of 305.4580 is the “Previous Period
Index Value” for Other (Except Material Handling) and it is to be entered into Column A, Row 4 of the Rate
Adjustment Procedure worksheet Tabs 1A – Commercial Carts & Bins, 1B – Roll Off Box Hauling, and 1C –
Other Services.
This would result in a 3.7599% increase to the Other (Except Material Handling) cost category of the rates
as calculated in Column C, Row 4 of Tabs 1A, 1B, and 1C.
CPI for All Urban Consumers (CPI-U)
Series Id: CUURS49ASA0L1E
Not Seasonally Adjusted
Series Title: All items less food and energy in Los Angeles-Long Beach-Anaheim, CA, all urban consumers, not
seasonally adjusted
Area: Los Angeles-Long Beach-Anaheim, CA
Item: All items less food and energy
Base Period: 1982-84=100
Source: https://data.bls.gov/timeseries/CUURS49ASA0L1E
Consumer Price Index for All Urban Consumers (CPI-U)
Series Id:CUURS49ASA0L1E
Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Annual
2014 239.084 239.908 240.322 240.507 240.366 240.46 240.981 241.574 242.016 242.36 241.842 241.491 240.90900
2015 242.003 242.806 243.957 244.138 244.8 245.236 245.394 245.896 246.488 247.539 248.12 248.14 245.37600
2016 249.652 251.059 251.438 251.672 253.179 253.074 253.042 253.775 253.898 254.388 253.711 253.882 252.73100
2017 256.209 257.518 257.903 258.472 258.872 258.924 260.02 260.698 261.277 262.829 262.656 262.96 259.86200
2018 264.641 266.332 267.434 267.945 268.532 268.094 268.484 268.939 271.259 271.982 271.552 270.898 268.84100
2019 273.579 273.716 274.954 276.185 276.421 277.384 277.59 278.131 278.935 279.732 279.781 278.812 277.10200
2020 281.022 282.124 280.815 280.885 281.34 282.329 283.839 283.752 282.712 283.055 283.873 282.907 282.38800
2021 282.846 282.86 283.389 286.255 287.323 288.958 290.279 290.327 291.056 292.702 294.154 295.428 288.79800
2022 298.501 299.588 300.952 302.803 304.024 306.206 306.958 308.463 309.292 310.31 309.578 308.824 305.45800
2023 312 313.159 313.828 316.523 317.11 318.489 317.529 319.163 319.091 318.577 318.392 319.457 316.94300
2024 323.601 325.02
3.7599%Percent Change in Index (316.9430 - 305.4580) / 316.9430
Docusign Envelope ID: 664FE19A-5E9C-4DCA-AEE6-42577002FAE2
EXHIBIT 3 – LIST OF DESIGNATED FACILITIES
City of Diamond Bar – DRAFT 1 Franchise Agreement for Solid Waste Services
Contractor designates the following Solid Waste Facilities for Solid Waste Collected in
CITY.
1. Transfer Facilities
a. Pomona Valley Transfer Station (SWIS #: 19-AA-1128), 1371 E. 9th St., Pomona, CA 91766 is the
primary facility for the delivery and transfer of solid waste collected in the City.
b. Grand Central Recycling and Transfer Station (SWIS #: 19-AA-1042) 999 Hatcher Avenue
Industry, CA 91748 is the secondary facility for delivery and transfer of solid waste collected in
the City.
2. Mixed Recycling Facility
a. Azusa Material Recycling Facility (SWIS #: 19-AA-1127), 1501 W. Gladstone Azusa, CA 91701 is
the primary facility for the delivery and diversion of source-separated mixed recycling.
3. Organic Waste Facility
a. South Valley Compost Site (SWIS #: 54-AA-0026) 24487 Road 140, Tulare, CA 93274.
b. South Kern Industrial Center Compost Facility (SWIS #: 15-AA-0381) 2653 Santiago Road Taft, CA
93268.
c. WM Pala Composting Facility 12802 CA-76, Pala, CA 92059.
d. Ecology Compost 59260 Highway 72, Salome, AZ 85348.
4. Construction and Demolition Waste
a. Downtown Diversion, Inc (DDI) (SWIS #: 33-AA-0258) is the primary facility for the delivery and
diversion of construction and demolition waste.
b. Maitri Road Recycling (SWIS #: 33-AA-0359) 24980 Maitri Rd. Corona, CA 92883.
5. Disposal Facilities
a. El Sobrante Landfill (SWIS #: 33-AA-0217), 10910 Dawson Canyon Rd, Corona, CA, 92883 is the
primary facility for the delivery and disposal of solid waste collected in the City.
Docusign Envelope ID: 664FE19A-5E9C-4DCA-AEE6-42577002FAE2
EXHIBIT 4 – LIST OF DIVERSION PROGRAM MATERIALS
City of Diamond Bar – DRAFT 1 Franchise Agreement for Solid Waste Services
1. Accepted & Prohibited Materials
Contractor shall collect the accepted materials listed below for the Commercial Recycling program
and the Commercial Organics Recycling program.
COMMERCIAL RECYCLING
Accepted Materials Prohibited Materials
Cardboard
Cardboard, chipboard / boxboard Mil/Juice cartons
egg cartons.
Wax-cardboard
Paper
White paper, colored paper, envelopes, junk mail,
soft cover books/manuals, glossy paper, shredded
paper, brown paper bags, packaging, wrapping
paper, and carbonless paper.
Paper tissues, paper towels, paper with plastic
coating (i.e. photographs, label paper), paper with
food, waxed paper, foil lined paper, hard cover
books / manuals, Tyvek (non-tearing) envelopes,
and non-paper bags.
Plastic
Empty PET bottles #1, HDPE bottles #2, Plastics
3, #4, #6, and #7, HDPE bottles #5.
Plastic liners (i.e. ceral bags), bubble wrap,
plastic, film.
Aluminum & Tin
Empty aluminum cans, empty aerosol cans, pie
tins, tin cans, loose jar lids.
Glass
Glass including empty glass beverage containers,
empty gloss food containers, all glass colors.
Windows, mirrors, dishware, ceramics, light
bulbs, fluorescent tubes, Pyrex or similar
material.
Other
Wood furniture, Styrofoam, solid waste,
hazardous waste, fiberglass materials, tarps,
textiles, clothes, shoes, E-Waste, U-Waste and
small manufactures goods (e.g. purses,
handbags, and backpacks.)
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EXHIBIT 4 – LIST OF DIVERSION PROGRAM MATERIALS
City of Diamond Bar – DRAFT 2 Franchise Agreement for Solid Waste Services
COMMERCIAL ORGANICS RECYCLING
Accepted Materials Prohibited Materials
Food Waste
Food scraps, meats, dairy, eggs, fish, fruits,
vegetables, coffee grounds, and bakery items.
Food Soiled Paper Goods
Coffee filters, tea bags, soiled paper bags, paper
towels, napkins and uncoated take-out containers.
Yard Waste
Small tree limbs, brush, plant materials or grass.
branches limited to 3” in diameter)
No Compostable Serveware
No Plastic Bags or Film
No Disposable Containers
No Foam Cups & Containers
No Fats, Oils, or Greases
No Rocks, dirt, or soil
No Hazardous Waste or Batteries
2. Changes to Accepted Materials
Contractor may update the list of accepted materials to reflect changes in markets, recyclability of
materials, or acceptance by processor by giving sixty (60) days’ advance written notice to City and
thirty (30) day advance written notice to Customers.
Any changes in the list of accepted materials shall also be accompanied by either a new Container
label or a graphic sticker affixed by Contractor to Containers which clearly indicate the updated
listing of materials accepted and not accepted, or through the use of a Quick Response Code (QR
Code) affixed by Contractor to Containers from which Commercial Customers can access the
updated listing of materials accepted and not accepted using a smart phone or tablet.
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EXHIBIT 6
CORPORATE GUARANTY
Guaranty
THIS GUARANTY (the “Guaranty) is given as of the ___ day of ___________, 2022.
THIS GUARANTY is made with reference to the following facts and circumstances:
A. ______________________, hereinafter (“Owner”) is a _______________________ organized
under the laws of the State of ___________, which is wholly owned by _______________________.
Guarantor).
B. Owner and the City have negotiated an Agreement for Collection, processing, and Disposal of
Solid Waste dated as of __________ ____, (hereinafter “Agreement”). A copy of this Agreement is
attached hereto.
C. It is a requirement of the Agreement, and a condition to the City entering into the Agreement,
that Guarantor guaranty Owner’s performance of the Agreement.
D. Guarantor is providing this Guaranty to induce the City to enter into the Agreement.
NOW, THEREFORE, in consideration of the foregoing, Guarantor agrees as follows:
1. Guaranty of the Agreement. Guarantor hereby irrevocably and unconditionally guarantees to
the City the complete and timely performance, satisfaction and observation by Owner of each and every
term and condition of the Agreement which Owner is required to perform, satisfy or observe. In the
event that Owner fails to perform, satisfy or observe any of the terms and conditions of the Agreement,
Guarantor will promptly and fully perform, satisfy or observe them in the place of the Owner or cause
them to be performed, satisfied or observed. Guarantor hereby guarantees payment to the City of any
damages, costs or expenses which might become recoverable by the City from Owner due to its breach
of the Agreement.
2. Guarantor’s Obligations Are Absolute. The obligations of the Guarantor hereunder are direct,
immediate, absolute, continuing, unconditional and unlimited, and with respect to any payment
obligation of Owner under the Agreement, shall constitute a guarantee of payment and not of collection,
and are not conditional upon the genuineness, validity, regularity or enforceability of the Agreement. In
any action brought against the Guarantor to enforce, or for damages for breach of, its obligations
hereunder, the Guarantor shall be entitled to all defenses, if any, that would be available to the Owner in
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EXHIBIT 6
CORPORATE GUARANTY
an action to enforce, or for damages for breach of, the Agreement (other than discharge of, or stay of
proceedings to enforce, obligations under the Agreement under bankruptcy law).
3. Waivers. Except as provided herein the Guarantor shall have no right to terminate this Guaranty
or to be released, relieved, exonerated or discharged from its obligations under it for any reason
whatsoever, including, without limitation: (1) the insolvency, bankruptcy, reorganization or cessation of
existence of the Owner; (2) the actual or purported rejection by a trustee in bankruptcy of the
Agreement, or any limitation on any claim in bankruptcy resulting from the actual or purported
termination of the Agreement; (3) any waiver with respect to any of the obligations of the Agreement
guaranteed hereunder or the impairment or suspension of any of the City’s rights or remedies against
the Owner; or (4) any merger or consolidation of the Owner with any other corporation, or any sale,
lease or transfer of any or all the assets of the Owner. Without limiting the generality of the foregoing,
Guarantor hereby waives the rights and benefits under California Civil Code Section 2819.
The Guarantor hereby waives any and all benefits and defenses under California Civil Code Section 2846,
2849, and 2850, including without limitation, the right to require the City to (a) proceed against Owner,
b) proceed against or exhaust any security or collateral the City may hold now or hereafter hold, or (c)
pursue any other right or remedy for Guarantor’s benefit, and agrees that the City may proceed against
Guarantor for the obligations guaranteed herein without taking any action against Owner orany other
guarantor or pledgor and without proceeding against or exhausting any security or collateral the City
may hold now or hereafter hold. City may unqualifiedly exercise in its sole discretion any or all rights and
remedies available to it against Owner or any other guarantor or pledgor without impairing the City’s
rights and remedies in enforcing this Guaranty.
The Guarantor hereby waives and agrees to waive at any future time at the request of the City to the
extent now or then permitted byApplicable Law, any and all rights which the Guarantor may have or
which at any time hereafter may be conferred upon it, by statute, regulation or otherwise, to avoid any
of its obligations under, or to terminate, cancel, quit or surrender this Guaranty. Without limiting the
generality of the foregoing, it is agreed that the occurrence of any one or more of the following shall not
affect the liability of the Guarantor hereunder: (a) at any time or from time to time, without noticethe
Guarantor, performance or compliance herewith is waived; (b) any other of any provision of its
Agreement indemnification with respect to Owner’s obligations under the Agreement or any security
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EXHIBIT 6
CORPORATE GUARANTY
therefore is released or exchanged in whole or in part or otherwise dealt with; or (c) any assignment of
the Agreement is effected which does not require the City’s approval.
The Guarantor hereby expressly waives diligence, presentment, demand for payment or performance,
protest and all notices whatsoever, including, but not limited to, notices of non-payment or non-
performance, notices of protest, notices of any breach or default, and notices of acceptance of this
Guaranty. If all or any portion of the obligations guaranteed hereunder are paid or performed,
Guarantor’s obligations hereunder shall continue and remain in full force and effect in the event that all
or any part of such payment or performance is avoided or recovered directly or indirectly from the City
as a preference, fraudulent transfer or otherwise, irrespective of (a) any notice of revocation givenby
Guarantor or Owner prior to such avoidance or recovery, and (b) payment in full of any obligations then
outstanding.
4. Term. This Guaranty is not limited to any period of time, but shall continue in full force and effect
until all of the terms and conditions of the Agreement have been fully performed or otherwise
discharged and Guarantor shall remain fully responsible under this Guaranty without regard to the
acceptance by the City of any performance bond or other collateral to assure the performance of
Owner’s obligations under the Agreement. Guarantor shall not be released of its obligations hereunder
so long as there is any claim by the City against Owner arising out of the Agreement based on Owner’s
failure to perform which has not been settled or discharged.
5. No Waivers. No delay on the part of the City in exercising any rights under this Guaranty or
failure to exercise such rights shall operate as a waiver of such rights. No notice to or demand on
Guarantor shall be a waiver of any obligation of Guarantor or right of the City to take other or further
action without notice or demand. No modification or waiver of any of the provisions of this Guaranty
shall be effective unless it is in writing and signed by the City and by Guarantor, nor shall any waiverbe
effective except in the specific instance or matter for which it is given.
6. Attorney’s Fees. In addition to the amounts guaranteed under this Guaranty, Guarantor agrees
in the event of Guaranty’s breach of its obligations to pay reasonable attorney’s fees and all other
reasonable costs and expenses incurred by the City in enforcing this Guaranty, or in any action or
proceeding arising out of or relating to this Guaranty, including any action instituted to determine the
respective rights and obligations of the parties hereunder.
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EXHIBIT 6
CORPORATE GUARANTY
7. Governing Law: Jurisdiction. This Guaranty is and shall be deemed to be a contract entered into
in and pursuant to the laws of the State of California and shall be governed and construed in accordance
with the laws of California without regard to its conflicts of laws, rules for allpurposes including, but not
limited to, matters of construction, validity and performance. Guarantor agrees that any action brought
by the City to enforce this Guaranty may be brought in any court of the State of California and Guarantor
consents to personal jurisdiction over it by such courts. Guarantor appoints the following person as its
agents for service of process in California:
With a copy by certified mail to:
8. Severability. If any portion of this Guaranty is held to be invalid or unenforceable, such invalidity
will have not have an effect upon the remaining portions of this Guaranty, which shall be severable and
continue in full force and effect.
9. Binding On Successors. This Guaranty shall inure to the benefit of the City and its successors and
shall be binding upon Guarantor and its successors, including transferee(s) of substantially all of its
assets and its shareholder(s) in the event of its dissolution or insolvency.
10. Authority. Guarantor represents and warrants that it has the corporate power and authority to
give this Guaranty, that its execution of this Guaranty has been authorized by all necessary action under
its Article of Incorporation andBy-Laws, and that the person signing this Guaranty on its behalf has the
authority to do so.
11. Notices. Notice shall be given in writing, deposited in the U.S. mail, registered or certified, first
class postage prepaid, addressed as follows:
To the City: City Manager
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EXHIBIT 6
CORPORATE GUARANTY
City of Diamond Bar
21810 Copley Driver
Diamond Bar, CA 91765
with a copy to the City Counsel at the same address.
To the Guarantor: ___________
By: ______________________
title)
By: ______________________
title)
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EXHIBIT 6
CONTRACTOR’S FAITHFUL PERFORMANCE BOND
Guaranty
KNOW ALL MEN BY THESE PRESENTS:
That , a California , as PRINCIPAL, and ,
a Corporation organized and doing business by
virtue of the laws of the State of California, and duly licensed for the purpose of making,
guaranteeing, or becoming sole surety upon bonds or undertakings required or authorized by
the laws of the State of California, as SURETY, are held and firmly bound to City, hereinafter
called OBLIGEE, in the penal sum of one-hundred twenty-five thousand dollars ($125,000) lawful
money of the United States, for the payment of which, well and truly to be made, we and each
of us hereby bind ourselves, and our and each of our heirs, executors, administrators,
successors, and assigns, jointly and severally, firmly by these presents.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH THAT:
WHEREAS, the above bounden PRINCIPAL has entered into a contract, entitled "SOLID WASTE
SERVICE FOR THE CITY OF DIAMOND BAR" with City, to do and perform the following work, to
wit: Collect, Process and Dispose of Solid Waste generated within City, in accordance with the
contract.
NOW, THEREFORE, if the above bounden PRINCIPAL shall well and truly perform, or cause to be
performed each and all of the requirements and obligations of said contract to be performed by
said PRINCIPAL, as in said contract set forth, then this BOND shall be null and void; otherwise it
will remain in full force and effect.
And the said Surety, for value received hereby stipulates and agrees that no change, extension of
time, alteration or addition to the terms of the contract or to the work to be performed
thereunder or the specifications accompanying the same shall in anywise affect its obligations
on this BOND, and it does hereby waive notice of any such change, extension of time, alteration
or addition to the terms of the contract or to the work or to the specifications.
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EXHIBIT 6
CONTRACTOR’S FAITHFUL PERFORMANCE BOND
In the event suit is brought by OBLIGEE to enforce the provisions of this bond, said Surety will
pay to OBLIGEE a reasonable attorney’s fee, plus costs of suit, in an amount to be fixed by the
court.
IN WITNESS WHEREOF, said PRINCIPAL and said SURETY have caused these presents to be duly signed
and sealed this DAY OF 20 .
a California Corporation SURETY
By: By:
PRINCIPAL) (ATTORNEY IN FACT)
SEAL) (SEAL)
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Exhibit 7
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January February March April May June July August September October November December Yearly Facility Name RDRS #Tons Direct-
Haul
Tons
Residual
Tonnage Collected ByService Tonnage Tonnage Tonnage Tonnage Tonnage Tonnage Tonnage Tonnage Tonnage Tonnage Tonnage Tonnage Totals Landfills
Recurring Service 1-
MSW 2-
RecycleResidual 3-
Special CollectionResidual MRFs
Bulky Items 1-
Recycle 2-
Organics 3-
WhiteGoods Recycling Facilities
Special CollectionsRecycled 1-
E-Waste 2-
Total Tonnage Collected 3-
Recurring Service Diversion %C&D Facilities
RollOff 1-
C&DRecycle 2-
C&D Residual 3-
Recycle TotalTonnage - -
MSW
Total Tonnage Collected
RollOff Diversion %
Temporary Bins
C&D
Recycle
MSW
Total Tonnage Collected
Temporary Service Diversion %
Total Tonnage Collected (AllServices)
Landfilled
Recycled
Organics
TotalTonsCollected
Total Tons Diverted
Total Diversion % AllServices
CITY OF DIAMOND BAR TONNAGE REPORT
1
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Material January February March April May June July August September October November December Total
Cardboard
HDPE Plastic
Old Newspaper
Tin
PET Plastic
Tubs Lids
Bulky Plastic
Aseptic
Film Plastic
3 Mix Glass
Plastic 3-7
Scrap Metal
Aluminum
Mixed Paper
Plastic Bags
Oil/Gal
Appliances
Total
RECYCLING TONNAGE SUMMARY
2
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SB 1383Compliance January February March April May June July August September October November December
Total Accounts
Total Units
Accounts Mandated to
Recycle Organics
Accounts Recycling
Organics
Accounts with 3rd Party
Recycling
Accounts with Self Hauling
Waivers
Accounts NOT recycling
Organics
Total Accounts
Total Units
Accounts Mandated to
Recycle Organics
Accounts Recycling
Organics
Accounts with 3rd Party
Recycling
Accounts with Self Hauling
Waivers
Accounts NOT recycling
Organics
AB 341Compliance January February March April May June July August September October November December
Total Accounts
Total Units
Accounts Mandated to
Recycle
Accounts Recycling
Accounts with 3rd Party
Recycling
Accounts with Self Hauling
Accounts NOT recycling
Total Accounts
Total Units
Accounts Mandated to
Recycle
Accounts Recycling
Accounts with 3rd Party
Recycling
Accounts with Self Hauling
Accounts NOT recycling
Compliance Issue
AB341/SB1383)Customer Address Phone Email
Businesses
Multi-Family
Businesses
Multi-Family
ListNon-Compliant Accounts
3
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CUSTOMER SERVICE SUMMARY
CustomerCalls January February March April May June July August September October November December Total
Missed Pickups (MPU's)
Complaints (other than MPU's)
Service Requests- Bulky
Service Request- HHW
Billing Inquiries
General Inquiries
Number of C&D Projects
Other Customer Calls
Total Calls
Service Change Breakdown
Name Address Phone Change Service Service Level Mon Tue Wed Thu Fri Sat Notes
Add organics 35 gal X Added organics to existing account
Remove Closed Account
4
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Total #Sites Containers Contaminated %Notices # Contamination
Trash Recycling Organics of Routes Surveyed Surveyed Containers Contaminated Provided Fee Route # Customers
January
February
March
April
May
June
July
August
September
October
November
December
Totals
Route Review Results
Audit Date Route Auditor Customer Name Customer
Address
Cart Type
Audited Results (C/NC) % Contaminated Disposed as
Trash (Y/N)
Contamination
Fee (Y/N)
Contamination
Notes (Describe
contaminants)
Education
Method
Link to
Photo
ROUTESMonth Route Summary
ROUTE REVIEW SUMMARY
5
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EDUCATION MONITORING
January February March April May June July August September October November December
Single- Family
Multi-Family
Business Only
January February March April May June July August September October November December
Single- Family
Multi-Family
Business Only
January February March April May June July August September October November December
Single- Family
Multi-Family
Business Only
CY 2024 Totals
Hauler Education Material Summary
Hauler Outreach Summary
Customer Type Total Customers Site Visits/ Workshops/ Events Total Education
Item Description Date Submitted
for Review Date Approved Date Sent to Customer
Total Customers Total Education
Customer Type Total Customers Total Education
Print Materials
Electronic Materials
Customer Type
Event dateAttendeesEvent/Workshop Name Description
6
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HOUSEHOLD HAZARDOUS WASTE COLLECTION SUMMARY
January February March April May June July August September October November December
Flammable solids
Flammable liquids
Oil-based paints
Paint Related Materials
Poisons
Reactive and explosive
compressed gas cylinders
1 lb propane canister
PCB-containing Paint
Other PCB waste (includes
ballasts)
Antifreese
Auto type batteries
Latex paint
Motor Oil
Oil products
Used oil filters
Acid Inorganic and organic acid
Base inorganic and organic base
Oxidizer
Neutral oxidizers, Organic
peroxides, Oxidizing
acid/base
Asbestos Asbestos
Mercury containing
automatic switches
Mercury containing
thermostats
Other Mercury containing
waste
Lamps
Photovoltaic Modules
Batteries (other)
Aerosol cans
Rechargeable batteries
Covered Electronic Devices
Other Electronic Devices
Home-generated Sharps
Home-generated
pharmaceutical waste
Treated wood
General/ Miscellaneous
Non RCRA solids/ liquids
Tires
Other
Pounds
Incinerated
Pounds
Neutralized
Other
PoundsCollectedMaterialCatergoryMaterialType Pounds
Recycled
Flammable and
Poisons
PCB-containing
Reclaimable
Universal Waste (UW)
Electronic Waste
7
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ROWP Procurement January February March April May June July August September October November December
Renewable gasinthe form of
transportation fuel (DGE)
Compost (tons)
Compost (cubic yards)
Mulch (tons)
Purchase Date Invoice Number Paper Type Volume Vendor Recycled
Content %
2/23/2022 #123456 Office Paper 50 reams Staples 30%
Recycled Content Paper Procurement Log
Notes
8
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Vehicle Number Year Make Model License No. Serial No.Waste Stream Fuel Type Capacity (t) Dates Serviced Service Description
Containers Total inService Total in Reserve Total Disposed Total
Carts- 35GRefuse
Carts- 64G Refuse
Carts- 96GRefuse
Carts- 35G Recycle
Carts- 64GRecycle
Carts- 96G Recycle
Carts- 35GOrganics
Carts- 64G Organics
Carts- 96G Organics
Bins- 1.5YRefuse
Bins- 2Y Refuse
Bins- 3Y Refuse
Bins- 4Y Refuse
Bins- 6Y Refuse
Bins- 1.5YRecycle
Bins- 2Y Recycle
Bins- 3Y Recycle
Bins- 4Y Recycle
Bins- 6Y Recycle
Bins- 1.5YOrganics
Bins- 2Y Organics
Bins- 3Y Organics
Bins- 4Y Organics
Bins- 6Y Organics
RO- 12to16Y
RO-25 to30Y
RO- 40to45Y
Compactor- 30Y
Compactor- 40Y
Equipment Inventory
9
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Route #Stops #Containers Planned Hours Actual Hours Route #Stops #Containers Planned Hours Actual Hours
Route #Stops #Containers Planned Hours Actual Hours
Refuse Routes Recycling Routes
Organics Routes
Route Audit
10
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Exhibit 8
Docusign Envelope ID: 664FE19A-5E9C-4DCA-AEE6-42577002FAE2
Docusign Envelope ID: 664FE19A-5E9C-4DCA-AEE6-42577002FAE2
Waste Management Collection and
Recycling, Inc.
13940 Live Oak Ave,
Baldwin Park, CA 91706
Cover Letter
August 30, 2023
Ryan McLean
Assistant City Manager
City of Diamond Bar
21810 Copley Dr.
Diamond Bar, CA 91765
Re: Response to Request for Proposals for Solid Waste Services
Dear Mr. McLean,
As Diamond Bar’s current residential service provider, WM, (dba, Waste Management Collection and
Recycling, Inc.) is a Corporation, and is pleased to provide our following response to the Request for
Proposals from the City of Diamond Bar for Solid Wastes Services to include the collection,
transportation, recycling, processing, and disposal of solid waste .
As part of our response, we are submitting three (3) Confirming Proposals (Residential Only, Commercial
Only and City-wide), and two (2) Alternative Proposals (Residential Only, and City -wide). Each proposal
stands on its own merit, are not interchangeable and incorporate all the key elements identified in the
RFP as essential to a new Franchise Agreement:
City Fees and Payments
Collection vehicle and cart requirement
Enhanced service programs (beyond weekly waste collection) for both residential and commercial
customers
SB 1383 program obligations
Guarantee capacity for all refuse, recyclable and organics that pertains to the Agreement.
The Alternative Proposals include enhancements with competitive rates that would benefit the City, these
are detailed in the Executive Summary that immediately follows this letter.
WM acknowledges receipt of all addenda, including:
Addendum #1: Solid Waste Services Updated to Reflect Addendum #1 (Dated July 12, 2023)
Addendum #2: Solid Waste Services Updated to Reflect Addendum #2 (Dated July 20, 2023)
Addendum #3: Solid Waste Services Updated to Reflect Addendum #3 (Dated July 31, 2023)
We sincerely thank you for the opportunity to participate in your selection of an environmental services
partner. As you evaluate this proposal, we hope you will agree that WM continues to be the ideal partner
for the City of Diamond Bar. Our services and programs are tailored to support your “business -friendly”
reputation and higher quality of life. In short — We are here to Exceed Diamond Bar’s Expectations
Every Day.
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We are eager to continue to earn your business and our team remains committed to going above and
beyond to deliver best-in-class service for your City. Should you have any questions regarding our
proposal, please feel free to contact Lily Quiroa, Public Sector Services Area Manager, at the information
below:
Lily Quiroa
Area Manager, Public Sector Services
E: lquiroa@wm.com
P: (951) 609-6341
Sincerely,
Michael S. Hammer, President
Waste Management Collection & Recycling Inc.
818) 252-3148 | MHammer@wm.com
Authorized Representative of WM who will sign the Agreement in the event of award.
Docusign Envelope ID: 664FE19A-5E9C-4DCA-AEE6-42577002FAE2
We’re Always Working for a Sustainable Tomorrow
Re-Introducing Your Dependable, Local Service Provider – WM
For more than three decades, the City of Diamond Bar and WM have shared a successful partnership,
working closely together to meet the needs of an evolving community, responding to an increasingly more
stringent regulatory environment, and become stewards of our environment, while continuing to deliver a
superior service experience and unmatched value.
As both the City’s longtime service provider of collection services for residents and the leading provider of
comprehensive environmental services in North America, WM brings together the industry’s best
resources with the insight of a trusted local business.
As the waste service provider for the residential
sector, WM makes a transition worry and a hassle-
free with the least amount of impact on your
residents.
We are more than a just service provider: we are a
local business and active member of the
community.
As the industry leader, WM brings an unrivaled
depth of knowledge and experience to diversion
programs, collection service, safety standards,
technology innovation, and customer experience.
WM is committed to helping the City reach its
sustainability goals through innovative services and
programs designed to maximize diversion while
keeping things simple for residents and the business community.
The entire WM team, local and extended, is very grateful for
the many years of trust Diamond Bar has placed in us. We
value the partnership we have forged together, one that has
held strong through the challenges of compliance with the
evolving laws that regulate how recyclables and solid waste
are handled, through economic ups and downs, pandemics,
and through all else that has come our way. Simply put, the
City of Diamond Bar is special to WM, and we hope to
continue our partnership under the new agreement.
A Proposal for the Future
WM is submitting three (3) Confirming Proposals (Residential Only, Commercial Only and City -wide), and
two (2) Alternative Proposals (Residential Only, and City-wide). Our Proposals and recommended
Alternatives include the high-quality WM services you already appreciate, plus enhancements to help
serve community better than ever.
Conforming Proposals
Our Conforming Proposals are fully responsive with the City fees and payments, service programs, and
other requirements outlined in the RFP and Agreement. We are confident that you will agree that our
Our own Josh Goldman smiles to show how
honored we were to support the Diamond Bar
Friends of the Library 29th Wine Soiree and
Benefits Auction
Existing relationships. Over the
years, WM staff members have worked hard
to become a trusted community partner. We
have built meaningful relationships with City
leadership and staff, our customers, and
support local groups and organizations and
will continue to support the vitality of the
Diamond Bar community.
Docusign Envelope ID: 664FE19A-5E9C-4DCA-AEE6-42577002FAE2
proposed rates (even though they are not scheduled to start until September 2025) are fair, and
competitive to the San Gabriel Valley Region.
Enhanced Program for Conforming Proposals:
Residential Only Conforming Proposal: If the City elects to retain WM as their residential-only provider.
We are offering the following enhanced program:
Community-Education Fund of $10,000*
WM will provide $10,000 in scholarships each year to aid Diamond Bar’s graduating seniors with pursuing
higher education or vocational training.
City-Wide Only Conforming Proposal: If the City elects to select WM as the new waste hauler for the
whole City, residential and commercial sector. We are offering the following enhanced program:
Community- Education Program of $40,000*
WM will provide $40,000 annually. City leadership would decide how this program is donated
back to the community.
Alternative Proposals
WM’s Alternative Proposal – Less Disruption, Lower Rates & Maximum Sustainability
Our two (2) Alternative Proposals (Residential Only, and City-wide) offer a more equitable approach to
rates. Both Alternative Proposal are also fully responsive with the City fees and payments, service
programs, and other requirements outlined in the RFP and Agreement, with the following adjustments:
SB 1383 Cart Compliance: Allows for WM carts in the
residential area to be replaced through attrition. Here is why
that is a benefit to you and your residents:
Less Disruption: Maintaining current carts until
the natural end of their useful life minimizes
disruption for your residents.
Lower Rates: Delayed implementation provides a savings to your residents. SB 1383 allows for
plenty of time to transition containers prior to 2036 deadline. All new replacement containers
will be SB 1383 compliant. It is important to note that the existing WM Organics carts are
already compliant in color and labeled specifically allowing for food waste.
More Sustainable: Maintaining carts that are still useful is better for the environment, reducing
waste and reducing unnecessary vehicle miles to exchange like-new containers.
While most residential carts currently being serviced in Diamond Bar, are uniformed in color, and less
than 10 years old, WM commits to do a cart audit and replace any damaged carts in the first year of the
new contract.
Senior Discount Program Both Alternative Proposals (Residential Only, and City -wide) would also align
the Sr. Discount Program with the County of Los Angeles’ Sr. Discount Program as follows:
The senior discount would be available to residents who meet the following criteria: 65 years or older,
head of household, and qualify for discounted utility rates based on financial need as eviden ced by water,
power, or telephone bill. Sr. Discount rates would represent a 25% discount.
Enhanced Program: We hope the City seriously considers our Alternative Proposals since not only do
they offer a more competitive rate structure but we are also adding the following enhanced offerings:
WM is already providing residential carts with
SB 1383 compliant carts.
As Diamond Bar residential customers call in
to request a cart exchange, they receive new,
SB 1383 compliant carts.
Docusign Envelope ID: 664FE19A-5E9C-4DCA-AEE6-42577002FAE2
City-Wide Alternative:
1M - One-time Contract Fee (in addition to the $100,000 Contract Fee outlined in the RFP) to
help the City with the various program costs associated with ensuring compliance with SB 1383.
Rate Structure Savings - Offers over a 20% savings for the default cart service (64-gallon) at the
start of the new contract.
40,000 Annual Community Education Program*- City leadership would decide how this program
is donated back to the community.
Residential Only Alternative:
Residential Rate Structure Savings - Over a 13% savings for the 64-gallon and 96-gallon cart
serviced over the conforming Residential Only proposal.
Community-Education Fund of 10,000* - WM will provide $10,000 in scholarships each year to
Diamond Bar’s graduating seniors with pursuing higher education or vocation training.
Each of the submitted proposals will offer the City a clear future that includes great, reliable service and
full compliance status with state mandates.
WM has the right team, the right technology, and the right assets to continue offering the City of Diamond
Bar innovative waste collection solutions. More importantly, we are confident that our new commercial
customers will enjoy working with our experienced team and can expect high -quality-dependable service.
Proposal Highlights:
Unmatched Experience – We have mastered our daily routes, and are deeply familiar with every street,
parkway, and boulevard. Our experienced team is ready to continue to deliver dependable, high-quality
service to the whole city.
Competitive Rates – Rate structure that offers rate rollback, even though they are not scheduled to start
until September 2025
Guaranteed Capacity – WM is providing peace of mind with local and regional facilities, as well as
partnerships for both waste disposal, and recyclables and organic materials processing.
Regulatory Compliance – Our proposal includes a
dedicated local management team that your City staff is
already familiar with, support from our SB 1383 Specialized
team who work closely with regulators, and access to WM’s
Smart TruckSM and SB 1383 Compliance Dashboard for
monitoring and reporting assistance.
Established Community Partner- We have built meaningful
relationships with City leadership and staff, our customers,
and support local groups and organizations and will continue
to support the vitality of the Diamond Bar community.
For clarity, the annual Community-Education Program is separate and apart from the community
relations program we have already developed in Diamond Bar as we participate in civic group
engagement, sponsorship, and in-kind donations.
Thanks @DiamondBarCity for recognizing us
as Friend of the Library. Business of the Year!
We love being a part of the community and
can’t say we don’t like seeing our team get
some props! Pictured are WM’s Teri Muse and
Daniel Hernandez with the Council
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Cover Letter ........................................................................................................................................................................... i
EXECUTIVE SUMMARY ........................................................................................................................................ III
RE-INTRODUCING YOUR DEPENDABLE, LOCAL SERVICE PROVIDER – WM .......... III
A Proposal for the Future ....................................................................................................................................... iii
COMMUNITY-EDUCATION FUND OF $10,000* ............................................................................. IV
COMMUNITY- EDUCATION PROGRAM OF $40,000* ................................................................. IV
2.1 PROPOSER’S BUSINESS STRUCTURE ....................................................................................................... 1
2.2 PROPOSER’S EXPERIENCE .......................................................................................................................... 4
References: Don’t Just Take Our Word for It ...................................................................................................................... 4
2.3 KEY PERSONNEL QUALIFICATIONS ......................................................................................................... 12
2.4 PROPOSER’S PAST AND PENDING LITIGATION ..................................................................................... 21
2.5 FINANCIAL INFORMATION ........................................................................................................................... 22
Financial Strength: The Foundation for Our Commitment ............................................................................................... 22
Audited Financial Statements ............................................................................................................................................ 23
2.6 INSURANCE .................................................................................................................................................... 32
3.1 COLLECTION SERVICES APPROACH ....................................................................................................... 35
Routing Strategy: Driven by eRouteLogistics® ................................................................................................................. 37
Proposed Collection Vehicles for Diamond Bar ............................................................................................................... 43
Rehrig Pacific Company Cart Specifications .................................................................................................................... 48
SCOPE OF REQUIRED SERVICES .................................................................................................................... 60
At Your Door Special Collection® ....................................................................................................................................... 61
C&D Debris Collection Services ........................................................................................................................................ 72
City Collection Services ...................................................................................................................................................... 72
Emergency Collection Service ........................................................................................................................................... 74
3.2 CUSTOMER SERVICE CENTER ................................................................................................................... 75
Customer System Capabilities, For Tomorrow® .............................................................................................................. 75
A Fully Integrated Billing System ....................................................................................................................................... 84
3.3 IMPLEMENTATION PLAN ............................................................................................................................. 93
WM Represents aStress- and Worry-Free Transition ..................................................................................................... 93
Key Implementation Tasks and Timeline .......................................................................................................................... 97
3.4 AB 341, AB 1826, AND SB 1383 IMPLEMENTATION PLAN ...................................................................102
Holistic Data Monitoring and Reporting to Monitor Progress and Drive Continuous Improvement ............... 119
3.5. FOOD RESCUE AND DONATION PROGRAM .........................................................................................122
3.6 ORGANICS RECYCLING PROGRAM ........................................................................................................127
3.7 RECYCLABLE MATERIALS ........................................................................................................................130
3.8 PROCUREMENT OF RECOVERED ORGANIC WASTE PRODUCTS ....................................................132
3.9 PROPOSED OPERATING FACILITIES ......................................................................................................133
3.10 PROPOSED DISPOSAL, TRANSFER, AND PROCESSING FACILITIES ............................................134
REQUIRED DOCUMENTATION ........................................................................................................................142
Performance Bond Commitment Letter .......................................................................................................................... 142
Docusign Envelope ID: 664FE19A-5E9C-4DCA-AEE6-42577002FAE2
6.1 PRIMARY RATE PROPOSAL FORMS .......................................................................................................149
6.2 ALTERNATIVE RATE PROPOSALS ..........................................................................................................149
Docusign Envelope ID: 664FE19A-5E9C-4DCA-AEE6-42577002FAE2
Provide the following information regarding the proposing entity and entity that would provide a corporate guarantee, if applicable:
Identify the legal entity that would execute the Franchise Agreement. State whether each entity is a sole proprietorship, partnership,
corporation, LLC, or joint venture. Describe in detail the relationship of the proposer to the executing entity. If the proposer
is a joint venture, describe where the entities have collaborated before.
Identify the entity that would submit financial statements and whether it is an individual, a partnership, a corporation,
or a joint venture. If other than proposing entity, indicate relationship and willingness to sign corporate guarantee.
Confirm that proposer is authorized to do business in California.
State the number of years the entities have been organized and doing business under this legal structure. Proposal
must include all the names of company’s (and executing entities if different than company’s) owners/stockholders with
greater than a 10% holding of the company's total assets.
Identify the names of all officers.
Identify other businesses with ownership by principals and/or management.
Identify the corporate headquarters.
Identify local headquarters (if different).
Describe all services to be performed by subcontractors and identify each subcontractor by name. Proposer shall
describe any current or past working relationship with the subcontractor(s) in the past five years.
WM Legal Entity
Waste Management Collection and Recycling, Inc., will be executing this Franchise Agreement. Waste
Management Collection and Recycling, Inc. is a subsidiary of WM.
WM Legal Entity Submitting Financial Statements
Waste Management, Inc. is a corporation and will be the legal entity submitting all Financial Statements.
Docusign Envelope ID: 664FE19A-5E9C-4DCA-AEE6-42577002FAE2
Authorized to do Business in California
Waste Management Collection and Recycling, Inc., is authorized to do business in California.
Years Waste Management Collection and Recycling, Inc., has Been in Business
Waste Management Collection and Recycling, Inc., was incorporated in the State of Delaware on June
25, 1993, and this entity has been doing business under this legal structure for approximately 30 years.
WM does not have any owners/stockholders with greater than a 10% holding of the company's total
assets.
Names of All Officers
Name Title Title Role Role Start Last Elected
Hammer, Michael S. Director Director 12/01/2021 03/15/2023
Skolnick, Barry S. Director Director 06/02/2014 03/15/2023
Tippy, Courtney A. Director Director 11/10/2014 03/15/2023
Hammer, Michael S. President – Southern California Area Officer 12/01/2021 03/15/2023
Skolnick, Barry S. President – Northern California Area Officer 09/01/2012 03/15/2023
Beytelman, Vladimir Vice President and Assistant Secretary Officer 09/08/2022 03/15/2023
Carroll, John A. Vice President, Chief Financial Officer
and Controller
Officer 03/15/2023 03/15/2023
Cassin, Joseph J. Vice President Officer 02/17/2003 03/15/2023
Kanow, Steve C. Vice President Officer 06/30/2023 06/30/2023
Lockett, Mark A. Vice President and Assistant Treasurer Officer 09/01/2012 03/15/2023
Nagy, Leslie K. Vice President and Treasurer Officer 03/15/2023 03/15/2023
Stratton, David J. H. Vice President and Assistant Secretary Officer 09/01/2012 03/15/2023
Tippy, Courtney A. Vice President and Secretary Officer 11/10/2014 03/15/2023
Wilson, James A. Vice President Officer 09/26/2014 03/15/2023
Bennett, Jeff R. Assistant Treasurer Officer 07/31/2017 03/15/2023
Bohn Jason C. Assistant Secretary Officer 06/05/2019 03/15/2023
Khajetoorians, Asteghik Assistant Secretary Officer 06/05/2019 03/15/2023
Other Businesses with Ownership by Principals and/or Management
There are no other businesses with ownership by principals and/or management of WM.
Corporate Headquarters
WM Corporate Headquarters are located at:
Docusign Envelope ID: 664FE19A-5E9C-4DCA-AEE6-42577002FAE2
800 Capitol Street
Suite 3000
Houston, TX 77002
WM Southern California Market Area Headquarters
WM Southern California Market Area Headquarters are located at:
9081 Tujunga Ave.
Sun Valley, CA 91352
Local Headquarters – Waste Management, Inc. Waste Management Collection and
Recycling, Inc.
WM Southern California Local Headquarters are located at:
13940 Live Oak Ave,
Baldwin Park, CA 91706
Subcontractors
WM will not be using subcontractors for the duration of this contract.
Docusign Envelope ID: 664FE19A-5E9C-4DCA-AEE6-42577002FAE2
Proposer shall describe its experience serving a minimum of three (3) jurisdictions in California (preferably serving jurisdictions of similar or
larger size and similar demographics to the City in a table format. Required information includes:
The name of the jurisdiction where the services were provided.
Commencement date of services and term of the agreement.
The name, address, and telephone number of the jurisdiction representative responsible for administering the agreement.
The services provided (e.g., solid waste collection, recyclable materials, organic materials collection, and other unique collection
programs such as e-waste or household hazardous waste).
The number of residential (i.e., specify SFD and MFD), Commercial (i.e., specify cart, bin, roll-off and other) and City (or other)
customers served; tons collected, diverted, and disposed annually; and the type and number of vehicles dispatched per day for each
of the services provided.
Additionally, please provide at least one municipal citation for service transitions from another hauling company, including a brief description of
the old and new services, and service transition dates, as well as the information listed in the first and last bullet above.
References: Don’t Just Take Our Word for It
WM is your trusted environmental solutions partner and for many of our neighbors throughout Southern
California and beyond. All the references are larger in size and scope and have similar demographics to
the City. The scope of services of these referenced communities are very similar to that required in the
Diamond Bar RFP, including Residential Cart Collection, Commercial Bin and Roll-Offs, and other
Residential Collection services. Outlined below are WM’s references, and we encourage you to contact
them so that you may learn firsthand about our excellent record of service and ability to deliver seamless
transitions and SB 1383 programs with other franchise customers.
Customer Arcadia
Commencement Date August 1999
Jurisdiction Representative Name,
Address, Phone Number
Briget Arndell
Environmental Services Manager
Public Works Department
11800 Goldring Rd, Arcadia, CA 91006
626) 254-2705
barndell@arcadiaca.gov
Docusign Envelope ID: 664FE19A-5E9C-4DCA-AEE6-42577002FAE2
Customer Arcadia
Services Provided Residential Cart: solid waste, recyclable and organic materials collection
Commercial Bins: solid waste, recyclable and organic materials
collection
Bulky Items, Christmas Tree Collection, HHW Disposal, Sharps, HHW
City Disposal, Special Collection, Backyard Collection, Senior Discount,
City Tree Trimming, Mulch Giveaways, and Shredding Events
Residential Customers 10,948 Residential Customers
Total Tons 2022: Collected 25,000, Diverted 57.1%, Disposed 10,725
Total Tons 2023: Collected 13,134, Diverted 58.3%, Disposed 5,477
685 Multifamily Customers
Total Tons 2022: Collected 6,494, Diverted 3.9%, Disposed 6,240
Total Tons 2023: Collected 3,343, Diverted 5%, Disposed 3,176
FEL: 2 (solid waste, recyclable, and organics collection)
ASL: 33 (solid waste, recyclable, and organics collection)
Flatbed Truck: 1 (bulky items)
Commercial Customers 397 Commercial Customers
Total Tons 2022: Collected 9,629, Diverted 20.4%, Disposed 7,664
Total Tons 2023: Collected 4,820, Diverted 22.2%, Disposed 3,750
FEL: 8 (solid waste, recyclable, and organics)
Scout Truck: 4 two-axle vehicles
City Customers WM provides free solid waste collection (trash, recyclables, organics)
to 10 City Facilities
Customer La Verne
Commencement Date January 2011
Docusign Envelope ID: 664FE19A-5E9C-4DCA-AEE6-42577002FAE2
Customer La Verne
Jurisdiction Representative Name,
Address, Phone Number
Tracy Costello
Public Works Manager
Public Works
3660 D Street, La Verne, CA 91750
909) 596-8741
tcostello@cityoflaverne.org
Services Provided Residential Cart: solid waste, recyclable, organic materials collection
Commercial Bins: solid waste, recyclable, organic materials collection
Roll-off Box: solid waste, recyclable, organic materials collection, and
C&D collection
Bulky Item, Christmas Tree Collection, Lifeline Discount, Senior
Discount, Used Battery Recycling, Edible Food Recovery Support,
Backyard Service, and Sharps
Residential Customers 9,970 Residential Customers
Total Tons 2022: Collected 16,964, Diverted 44.8%, Disposed 9,364
Total Tons 2023: Collected 10,043, Diverted 45.8%, Disposed 5,443
ASL: 28 (solid waste, recyclable, and organic materials collection)
RL: 1 (solid waste)
Flatbed Truck: 1 (bulky items)
Commercial Customers 83 MF Customers, 342 Commercial Customers
Total Tons 2022: Collected 11,859, Diverted 7.7%, Disposed 10,946
Total Tons 2023: Collected 6,820, Diverted 7%, Disposed 6,342
FEL: 4 (solid waste, recyclable, and organics collection)
City Customers WM provides free solid waste collection (trash, recyclables, organic
materials collection)
to 26 City Facilities
Docusign Envelope ID: 664FE19A-5E9C-4DCA-AEE6-42577002FAE2
Customer San Dimas
Commencement Date January 2008
Jurisdiction Representative Name,
Address, Phone Number
Shari Garwick
Director of Public Works
Public Works
245 E Bonita Ave, San Dimas, CA 91773
909) 394-6248
sgarwick@sandimasca.gov
Services Provided Residential Cart: solid waste, recyclable, organic materials collection
Commercial Bins: solid waste, recyclable, organic materials collection
Roll-off Box: solid waste, recyclable, organic materials collection, and
C&D collection
Bulky Item, Sharps, Christmas Tree Collection, E-Waste & HHW, Fall
Leaf Pickup, Horse Manure Recycling, Used Oil Collection, Senior
Discount, and Backyard Service.
Residential Customers 8,683 Residential Customers
Total Tons 2022: Collected 16,786, Diverted 42.4%, Disposed 7,117
Total Tons 2023: Collected 10,093, Diverted 46.6%, Disposed 5,389
ASL: 27 (solid waste, recyclable, and organic materials collection)
Flatbed Truck: 1 (bulky items)
Commercial Customers 41 MF Customers, 433 Commercial
Total Tons 2022: Collected 14,533, Diverted 16.5%, Disposed 12,135
Total Tons 2023: Collected 9,067, Diverted 15.7%, Disposed 7,644
FEL: 6 (solid waste, recyclable, and organics collection)
City Customers WM provides free solid waste collection (trash, recyclables, organics)
to 15 City Facilities
Docusign Envelope ID: 664FE19A-5E9C-4DCA-AEE6-42577002FAE2
Customer Baldwin Park
Commencement Date January 1990
Jurisdiction Representative Name,
Address, Phone Number
Sam Gutierrez
Director of Public Works
Public Works Department
14403 E. Pacific Avenue, Baldwin Park, CA 91706
626) 960-4011
sgutierrez@baldwinpark.com
Services Provided Residential Cart: solid waste, recyclable, organic materials collection
Commercial Bins: solid waste, recyclable, organic materials collection
Roll-off Box: solid waste, recyclable, organic materials collection, and
C&D collection
Bulky Items, Christmas Tree Collection, Sharps, Backyard Service,
Senior Discount, and, Community Clean-up Events, Local Student
Programs.
Residential Customers 11,648 Residential Customers
Total Tons 2022: Collected 29,970, Diverted 32.8%, Disposed 20,140
Total Tons 2023: Collected 18,108, Diverted 34%, Disposed 11,951
ASL: 27 (solid waste, recyclables, organics)
RL: 1 (solid waste, organics collection)
Commercial Customers 765 MF, 683 Commercial
Total Tons 2022: Collected 26,207, Diverted 20.3%, Disposed 20,887
Total Tons 2023: Collected 15,772, Diverted 20.1%, Disposed 12,602
FL: 11 (solid waste, recyclables, organics
Scout Truck: 4 two-axle vehicles
Flatbed Truck: 2 (bulky items)
City Customers WM provides free solid waste collection (trash, recyclables, organics)
to 14 City Facilities, as well as 92 bus stop trash cans
Docusign Envelope ID: 664FE19A-5E9C-4DCA-AEE6-42577002FAE2
Sample Service Transition – City of Chino Hills
Our most recent transition was in the City of Chino Hills, July 1, 2022. After being awarded the contract in
January 2022, we executed a seamless citywide—residential and commercial—transition in five
months! Chino Hills represents close to 20,000 residential accounts and over 300 commercial accounts.
Despite not having received accurate customer data, and their previous hauler unexpectedly not
upholding their obligation to remove their carts, our Transition Team was so well prepared that we
transitioned with very minimal, if any, customer service disruptions. Please see highlights below.
Service Highlights
Delivered and Removed 796 commercial customer containers (June 2022)
Delivered 66,897 and removed approximately 35,000 residential customer carts (July11- Mid
October 2022)
First week of service, despite falling in the middle of a National Holiday, we only recorded:
o 14 residential missed pick-ups
o 1 commercial missed pick-up
Our service success was due to our meticulous planning and dedicated team of route managers that we
pulled from neighboring hauling districts to provide field support during this important transition period,
thus ensuring every route was completed.
Education & Outreach
Conducted three (3) residential and two (2) commercial workshops.
Provided ample information to all customers via hard copy mailouts and social media.
Stationed a dedicated team of Recycling Representatives at City Hall for two weeks after the
contract started to provide immediate customer support for questions or concerns.
Commercial Compliance:
Completed site visits and assistance with waiver approvals .
Commercial compliance with SB 1383 is 98%.
The same meticulous plan is outlined in Section 3.3 to ensure the same success in Diamond Bar.
Customer Chino Hills
Commencement Date July 2022
Jurisdiction Representative Name,
Address, Phone Number
Susan Shaker
Senior Management Analyst
Docusign Envelope ID: 664FE19A-5E9C-4DCA-AEE6-42577002FAE2
Customer Chino Hills
City Manager’s Office
14000 City Center Drive
Chino Hills, CA 91709
P (909) 364-2633
sshaker@chinohills.org
www.chinohills.org
Rod Hill
Assistant City Manager
City Manager’s Office
14000 City Center Drive
Chino Hills, CA 91709
P (909) 364-2612
C (562) 457-8602
rhill@chinohills.orgwww.chinohills.org
Services Provided Residential Cart Service (solid waste, recyclable and organics
collection), Curbside Bulk Collection Service, E-waste, Sharps, Used
Motor Oil, Community Cleanups, Temp bin service
Commercial Bins, Roll-off Box (solid waste, recyclable and organics
collection), SB 1383 Technical assistance - Free Site Audits & Recycling
training, and Food Recovery Assistance
Industrial- Roll Off Service (solid waste, recyclable and organics
collection) and Compactor Service (solid waste, recyclable, organics
collection)
C&D Collection & Recycling- provided through Roll Off service
Residential Customers SF& MFD Cart Service: 19,949 customers
Total Tons Collected 16,597, Diverted 5,510 tons (July 2022-
December2022)
Type and Number of Vehicles Dispatched per day –
Side Loaders: 10 (solid waste, recyclables, organics)
Commercial Customers Commercial (253 accounts) MF Accounts (22) Industrial (49 accounts)
Docusign Envelope ID: 664FE19A-5E9C-4DCA-AEE6-42577002FAE2
Customer Chino Hills
Total Tons Collected 9,241, Diverted 830 tons (July 2022-
December2022)
Type and Number of Vehicles Dispatched per day
FEL: 4 units (solid waste, recyclables, organics)
2- Scout trucks, 2-axle vehicles
City Customers WM provides free solid waste collection (trash, recyclables, organics)
to 9 Facilities
Docusign Envelope ID: 664FE19A-5E9C-4DCA-AEE6-42577002FAE2
Provide an organizational chart and brief biographical description of the key personnel the proposer would assign to the transition team and the
ongoing management of the services to be provided under the Agreement. Specify the percentage of time each individual will be assigned to
services specified in the Franchise Agreement. Identify municipalities who have worked with the key personnel. Indicate which key personnel
will be designated as the contractor liaison, service liaison, contractor representative, and emergency contact.
Your local Diamond Bar service team brings together a diversity of backgrounds, skillsets, and expertise
connected by a common denominator, you - our customer.
WM’s trained, dedicated local team for the City of Diamond Bar is already in place, supporting City staff
and interacting with the community. This team includes your local liaisons, Josh Goldman, and Daniel
Hernandez, who will continue to serve as the day-to-day points of contacts under this new agreement.
In addition to Josh and Daniel, WM’s Public Sector team for Diamond Bar includes San Gabriel Regional
Manager Lily Quiroa, Recycling Coordinator Donald Taylor-Stewart, Compliance and Reporting Manager
Angie Mendoni, and a soon to be hired Recycling and Sustainability Manager that will be 100% dedicated
to serving Diamond Bar.
WM’s Operations team for Diamond Bar, headed by District Manager Daniel Hernandez, includes
residential Route Managers Julio Cantoral and Martha Muro, Roll-off Route Manager Sylvia Granillo,
Commercial Route Manager Rosendo Tapia, and Operations Specialist Elizabeth Bracamontes.
This local team is backed by our regional, statewide, and national resources for Customer Service,
Communications, Fleet, and SB 1383 Compliance, ensuring Diamond Bar always has access to industry -
leading knowledge and expertise.
Below is an organization chart of the Southern California team that will be serving the City of Diamond Bar.
Docusign Envelope ID: 664FE19A-5E9C-4DCA-AEE6-42577002FAE2
Following are biographies describing the abilities and tenure of your local Diamond Bar/WM team:
Your Local Transition & Ongoing Management Team – Already in Place and at Work
for Diamond Bar
Josh Goldman, Public Sector Services Manager | 100% of Time Dedicated to Diamond Bar
Josh Goldman will be the designated contractor liaison, service liaison, contractor representative, and
emergency contact for the vibrant city of Diamond. He joined WM in 2022 as a Public Sector
Representative and brings with a wealth of experience working
in Legislative Offices and the public sector alongside elected
officials and political candidates.
Recognizing the importance of efficiently implementing SB
1383 regulations, Josh devotes 100% of his time to
addressing the city's needs and concerns. He currently
collaborates closely with City staff on citywide outreach,
troubleshooting service issues, public education campaigns,
and SB 1383 compliance.
With extensive experience working with municipalities and
their constituents, Josh deeply understands the city's unique
challenges; Josh is committed to building upon the
relationships he has already made in the Diamond Bar
community. His collaborative approach involves working
closely with local businesses, Homeowner Associations, and community organizations to find innovative
solutions that align with the city's sustainability goals.
As a trusted liaison in the public sector, Josh has honed his skills in actively listening to and addressing
community concerns. His ability to think outside the box and extensive knowledge of public administration
enable him to navigate complex issues quickly, which is vital to rolling out regulations like SB 1383.
Josh's unwavering dedication, creative problem-solving skills, and friendly demeanor make him an
invaluable asset to the city of Diamond. Under his guidance, the transition to SB 1383 and the city's
overall progress are in capable hands. If additional support is required, Lily Quiroa will serve as Josh's
backup and play an integral role in supporting him throughout the transition and implementation of SB
1383.
Municipalities that have worked with Josh: La Verne, San Dimas, Arcadia, Baldwin Park, and Diamond
Bar
Lily Quiroa, Public Sector Regional Manager | 25% of Time Dedicated to Diamond Bar
As our Public Sector Regional Manager, Lily will be the secondary point of contact for city staff and a WM
representative to the community, state and local officials, residents, and businesses. Lily has over 25
years’ experience in Government Affairs, focused on community engagement.
Lily will oversee all Public Sector responsibilities including new programs, training and development of the
San Gabriel team, community outreach/education, pricing, sustainable solutions , and contract
compliance. Lily and her team are recognized for putting the customer first.
Municipalities that have worked with Lily: Regional Manager for San Gabriel Valley
Diamond Bar’s local team meets
regularly with City staff to
guarantee residents receive
seamless service day-to-day and
serve as an immediate point of
contact for troubleshooting all
service-related concerns. Together
they bring years of experience
serving the community, providing a
successful track record for
producing safe, efficient results
with a strong focus on customer
satisfaction, safety, and
compliance.
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Donald Taylor-Stewart, Recycling Coordinator | 25% of Time Dedicated to Diamond Bar
As our recycling coordinator, Donald works closely with our multifamily, and commercial customers to
enhance customer awareness of waste reduction, recycling, and reuse. He is responsible for providing in -
person recycling education to WM communities as well as managing targeted campaigns aimed at driving
material diversion and/or program participation. He will be responsible for the planning, execution, and
reporting of Diamond Bar’s contract-required recycling programs and initiatives and promoting recycling at
community events.
Municipalities that have worked with Donald: La Verne, San Dimas, Arcadia, Baldwin Park, and Diamond
Bar
Hiring Soon, Recycling and Sustainability Manager | 100% of Time Dedicated to Diamond Bar
WM will hire and train a qualified Recycling and Sustainability Manager that will support the City of Diamond
Bar for the life of the new contract. This manager will work with customers within the City to focus on
diversion rates, mandate compliance, and public awareness and education. This valuable resource will be
well equipped to assist the City.
Municipalities that have worked with Recycling and Sustainability Manager: TBD
Daniel Hernandez, District Manager for San Gabriel Baldwin Park | 100% of Time Dedicated to
Diamond Bar
Daniel began his career with WM in 2007 as an
Operations Manager Trainee assisting various
Southern California WM sites with rerouting and
efficiency gains. In 2010 he was promoted to Route
Manager in our Corona Hauling District and then
transferred to Chino Hauling in 2011 as a Route
Manager. Daniel was promoted in 2020 to the
District Manager of the San Gabriel Hauling District.
As District Manager, he oversees the day-to-day
operations of the District, including oversight of all employees that are responsible for the collection of
garbage, recycling, and organics. He provides leadership support to front-line managers for safety,
operational, and service performance while also diagnosing and improving processes and procedures. He
is responsible for the District’s overall service and budget performance. Daniel will interact with Diamond
Bar staff to maximize customer satisfaction and improve service efficiency and the daily quality of contract
services. During the implementation of services, he will oversee the completion of all operational tasks.
Municipalities that have worked with Daniel: La Verne, San Dimas, Arcadia, Baldwin Park, and Diamond
Bar
Route Managers support the daily operations within their Districts. Each route manager will work closely
with Diamond Bar’s drivers, assisting with morning launches, ensuring each vehicle is properly inspected
at the beginning and conclusion of each route, and monitoring drivers throughout their collection routes
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with a focus on safety and customer service. At the end of the day, they meet with all drivers to review
operations and to highlight areas of opportunity that can improve service. Route Managers will work
closely with their areas within the City of Diamond Bar during the implementation of new services, helping
to develop and test new collection routes, and proactively addressing customers’ unique site
requirements and service requests.
Sylvia Granillo, Roll-off Route Manager, | 100% of Time Dedicated to Diamond Bar
Currently, Sylvia oversees all roll-off operations. Sylvia started her career with WM over 28 years ago as
an administrative assistant and worked her way up in the various departments within WM. For the past 10
years, Sylvia has worked as a route manager. She brings a wealth of experience and is recognized for
that through her assignment as the key contact for driver training.
Municipalities that have worked with Sylvia: La Verne, San Dimas, Arcadia, Baldwin Park, and Diamond
Bar
Julio Cantoral, Residential Route Manager | 50% of Time Dedicated to Diamond Bar
Julio has 16 years of route management experience, and eight years with WM. Prior to WM, he worked
for six years with the LA County Office of Education as a transporter scheduler.
Julio consistently works with our drivers to solve problems and overcome daily challenges. During his
time with WM, Julio has been recognized for creating a great working culture with our drivers and City
Staff.
Municipalities that have worked with Julio: La Verne, San Dimas, Arcadia, Baldwin Park, and Diamond
Bar
Martha Muro, Residential Route Manager | 50% of Time Dedicated to Diamond Bar
Martha has 15 years of experience in Customer service. Her journey in WM began as a
commercial/residential dispatcher. She has knowledge and understanding on how the routes are being
viewed by the drivers and the understanding of keeping the customer first. In 2018 she was San Gabriel’s
Operations Specialist where she learned the operations of the site and had the opportunity to work with
Route Managers and drivers. In 2022 she was promoted to her current position as a Residential Route
Manager. She has learned the metrics that goes into having an efficient route still keeping the customer
first and the drivers’ safety.
Municipalities that have worked with Martha: La Verne, San Dimas, Arcadia, Baldwin Park, and Diamond
Bar
Rosendo Tapia, Commercial Route Manager | 100% of Time Dedicated to Diamond Bar
Rosendo brings 15 years of route logistics experience to Diamond Bar. He started his career as a route
manager for Brinks, Inc., and has worked for WM for five years. In his current position as a Route
Supervisor, Rosendo oversees all commercial routes. He is familiar with the City of Diamond Bar’s
commercial sector. He regularly works with City staff to address areas of concern and needs. Rosendo is
excellent at solving problems and he enjoys completing site visits where he can meet our customers in
person and ensure that they receive quality service.
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Municipalities that have worked with Rosendo: La Verne, San Dimas, Arcadia, Baldwin Park, and
Diamond Bar
Elizabeth Bracamontes, Operations Specialist, San Gabriel Baldwin Park | 25% of Time Dedicated
to Diamond Bar
Diamond Bar WM Operations Specialists provide operational support to their local teams. Their primary
responsibilities are to manage safety gear (PPE) and training, facilitate daily driver check in and check
out, and support route managers during morning safety meetings, vehicle inspections, and end of day
recap meetings. In addition, they work closely with each areas’ Business License departments to keep all
operating permits and licenses in compliance.
Municipalities that have worked with Elizabeth: La Verne, San Dimas, Arcadia, Baldwin Park, and
Diamond Bar
Angie Mendoni, Contract Compliance Manager | 25% of Time Dedicated to Diamond Bar
With nearly three decades of experience with WM in the Southern California area, and extensive
Diamond Bar knowledge, Angie will provide vital contract compliance oversight to Diamond Bar. She
works closely with our WM teams and is responsible for contract audits, rate adjustments, and all
contractually required reporting. She will support our services in Diamond Bar by providing verification for
all contract service information and rates listed in Knowledge, our knowledge database utilized by our
customer service representatives. She has been responsible for contract compliance for multiple
Southern California jurisdictions including Arcadia, Baldwin Park, Diamond Bar, La Verne, Diamond Bar,
and San Dimas.
Municipalities that have worked with Angie: La Verne, San Dimas, Arcadia, Baldwin Park, and Diamond
Bar
Antonio Flores, Maintenance Manager, San Gabriel Baldwin Park | 100% of Time Dedicated to
Diamond Bar
Diamond Bar’s WM Maintenance Managers review the safety and reliability of our collection vehicles.
Specifically, they oversee our vehicle maintenance shops, maintenance staffs, and preventive
maintenance programs. They will be responsible for all initial and ongoing procurement of vehicles
required for the service of Diamond Bar collections. Additionally, they will oversee repairs, inspections,
scheduled maintenance, and cleanliness of Diamond Bar collection vehicles, oversee maintenance of
service vehicles and take the lead on the acquisition of inventory required to service the Diamond Bar.
Their team’s proactive maintenance schedule is critical in our front-line success.
Municipalities that have worked with Antonio: La Verne, San Dimas, Arcadia, Baldwin Park, and Diamond
Bar
Blanca Gutierrez, Area Customer Experience Manager
With over 25 years at WM, Blanca is currently responsible for overseeing the administration of the
customer service knowledge base that we use to communicate to our customers. Blanca oversees the
training of our customer service representatives on all aspects of our contracts and provide talking points
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to the representatives during the transition period and for ongoing service needs throughout the contract
life.
Jennifer Andrews, Communications, Senior Manager
Jennifer Andrews is an award-winning communication professional experienced in developing and
executing all aspects of communications campaigns. She has 25 years of experience in corporate
infrastructures, including leading marketing communications teams in three multi-billion-dollar companies.
Andrews spent the first ten years of her career in public relations agencies and worked for the federal
government. Andrews began her career as a print journalist. She has served on the boards of directors of
Keep California Beautiful, the American Marketing Association and San Diego’s ‘A Reason To Survive’.
Andrews holds a bachelor's degree in journalism from New York University, and a certificate in social
media from the University of California, Irvine.
The market area team below will continue to support the local team in servicing the City of
Diamond Bar.
Mary Herrera, Centralized Dispatch Manager
Mary has been with WM for nearly 30 years. In this time, Mary has been a Customer Service
Representative, a Sales Representative, a Service Machine Core Team Member, and Area Customer
Experience Manager, and finally an Area Dispatch Manager. From this, Mary brings an array of industry
knowledge and experience.
As an Area Dispatch Manager, Mary is responsible for planning and dispatching routes for all Southern
California. She regularly works with the Operations team to improve driver efficiencies and resolve service
issues identified by drivers. Mary also regularly works with Customer Experience, Sales, and Public
Sector Services to ensure that our customers are receiving the highest quality of service. Under Mary’s
leadership, Southern California’s dispatch team has been regularly ranked a top performer companywide.
WM offers Diamond Bar an Experienced Team Dedicated to SB 1383
WM’s SB 1383 Regulatory Team is available and on call to help Diamond Bar every step of the way. A
dedicated SB 1383 team is crucial to a municipality, ensuring focused attention and expertise on
effectively implementing the regulation. And while this team is not 100% dedicated to the city, their
commitment to the law allows them to navigate the complexities and nuances of SB 1383, providing
guidance and support to the City of Diamond Bar and its residents and businesses. This dedicated team
helps clarify any confusion surrounding the regulations, and they work directly with CalRecylce to ensure
all team members are well-prepared to execute the legislation in the franchises, benefiting the
municipality and its waste management goals. So, whether its route audits, generating reports for
CalRecycle, or educating organic waste generators, our team has the expertise and knowledge to guide
you through the process. Below is an outline of our SB 1383 team of experts.
Kevin Mattson, Organics Project Development, Senior Manager
Kevin supports the project and business development for organic waste solutions throughout the
Southern California WM area and will be a key resource for Diamond Bar. Having an expert that has in-
depth knowledge in organics on the team is key to the success of SB 1383 for several reasons. Kevin
understands the intricacies of organic waste management, including composting, anaerobic digestion,
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and other methods of organic waste diversion. His expertise provides our cities valuable insights and
guidance on implementing effective strategies to meet SB 1383 requirements. Also, with the complexity of
SB 1383, it is important to maximize resources. Organic waste presents an opportunity for resource
recovery and sustainable practices. Kevin can navigate the complexities of maximizing the value of
organic waste by converting it into valuable products like compost, renewable energy, or biofuels. This
not only helps meet SB 1383 targets but also contributes to a circular economy, a key goal of WM. Last
and probably most importantly, as regulations and best practices evolve, having Kevin on the team
ensures ongoing monitoring, evaluation, and adjustment of waste management strategies. He also works
closely with WM's Organic's Corporate Team to stay updated on industry trends, emerging technologies,
and regulatory changes, allowing for continuous improvement and adaptation to ensure long-term SB
1383 success.
Brian Bowen, Sr. Regulatory Manager & SB 1383 Specialist
Brian Bowen is WM’s Senior Regulatory Manager for California and has overall responsibility to provide a
comprehensive and state-wide point of contact for California regulations associated with the 2016 Short-
lived Climate Pollutants: Organic Waste Reductions law (SB 1383). Brian works closely with WM teams
including Government Affairs, Legal, Procurement, Public Sector Services and Operations ensuring a
high level of coordination and compliance across the enterprise. He regularly interfaces with the
regulatory community, trade associations and individual jurisdictions as needed. Brian also assists WM’s
California Government Affairs team with review of new regulations affecting the waste industry and
actively participates regulation development workshops at CARB, CalRecycle and DTSC.
Brad Cea, SB 1383 Director
Brad has spent the last seven years serving as Director of Sales and Public Sector Services for Waste
Management’s Northern California Nevada market Area. In these roles, Brad had direct leadership for the
open market and the governmental sales teams to retain and grow new business for the Area. During his
tenure, he successfully extended or renegotiated over 98% of the Area’s franchise contracts, which
included SB 1383 implementations. He also played in integral role in deploying WM’s Smart Truck
technology in the Northern California market, including standardizing reporting, recycling education and
outreach plans based on the Smart Truck data, and assisting with creating the contamination auditing
process for the Area. Before joining the Northern California Nevada team, Brad led the Inside Sales
Channel for WM, achieving triple-digit revenue growth during his six-year tenure as Senior Manager. He
has recently accepted a new role as a Director of Corporate Sales where he is helping the Public Sector
teams across Northern and Southern California with SB 1383 implementation or negotiations as well as
assisting other cross departments understand the hauler requirements of SB 1383.
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Diamond Bar’s WM Senior Leadership Team
Together with our WM Local Team and our SB 1383 Regulatory Team, the following WM Area leaders
provide support and resources required to execute the daily operations in Diamond Bar.
Michael Hammer, President of Southern California
Michael has over 20 years of experience in management within the waste and recycling industry. He is
responsible for the overall leadership of our Southern California Market Area and its strategic direction,
and for leading WM’s Southern California teams through continued successful and sustainable
operations.
Steve Kanow, Director of Operations | 20 Years
Steve has been in the waste and recycling industry for 20 years and brings a wealth of knowledge and
experience to the team. He values the diversity and contributions of each employee and will partner with
his colleagues and Diamond Bar to ensure a smooth transition. If additional resources are needed, Steve
will be the point of contact to coordinate with the local team.
Sandra Pursley, Director of Public Sector Services | 15 years
Sandra has more than 15 years’ experience in every aspect of the waste and recycling industry. She
oversees all Public Sector responsibilities including new programs, community outreach/education,
pricing, sustainable solutions, and contract compliance. Sandra is part of our Southern California
leadership team that sets the Public Sector strategy and manages the implementation of AB 341, AB
1826, and SB 1383 compliant programs. Establishing community relationships and providing an
exceptional customer service to our municipal customers is a goal for all her team. Sandra’s
resourcefulness and public sector knowledge, when combined with her renowned leadership skills have
earned recognition for her team and the respect of the customers she serves.
Vladimir Beytelman, Area Director of Finance | 15 years
Vladimir has more than 15 years’ experience as finance director for several Fortune 500 companies
including 10 years as the Manager North America FP&A for Mattel, Inc. As our Area director of Finance,
Vladimir leads our finance department that covers Hawaii, Los Angeles, Riverside, San Bernardino, San
Diego, Orange, Ventura, Santa Barbara, San Luis Obispo, Fresno, Kerns, Kings, Tulare, and Madera
Counties. He will oversee financial and operating performance and certify compliance with financial
obligations throughout the agreement's term.
Frank Guercio, Area Fleet Director | 20 Years
Frank uses his nearly 20 years of WM experience to oversee all Central and Southern California sites as
our Area Fleet Director. Frank is well versed in the latest equipment technology and is spearheading
efforts to leverage technology in everything from trucks to containers and to everyday collection and
maintenance practices.
Frank is responsible for supporting the area in all things related to truck acquisition, maintenance, and
final disposal. Since joining WM, Frank’s team has successfully improved operational efficiency, reduced
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vehicle downtime and breakdown frequency, increased training, and technician development. Notably, he
has reduced our reliance on third-party companies to complete our maintenance program mission of
having the highest quality vehicles at the lowest possible operating expense.
Our local team knows Diamond Bar. No other provider knows your residents like we do, and no
other provider offers the same depth and breadth of experience as your assembled WM team. As
the top provider in Southern California, we bring the whole package to Diamond Bar – local
knowledge, extensive experience, and the industry’s best safety record. Together, we are keeping
Diamond Bar’s residents safe and your community clean.
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List all civil or misdemeanor or felony criminal court or administrative filings by and/or against California government agencies that are currently
pending and/or that have been filed, settled or otherwise received a disposition within the last ten years that relate to the provision of solid
waste service listing the names of the parties, the case number, and a brief description of the case and disposition, if any. This paragraph is
applicable to the following persons and entities:
The key personnel
The owners and officers of the company
The entity submitting the proposal; and/or,
Any parent or affiliated company for actions filed in the State of California (For affiliates, proposer may limit disclosures of non-
criminal matters to those in the Los Angeles County.
Any strategic partners or subcontractors identified in RFP.
Include the resolution and current status of each civil legal action.
Note: The term "affiliate" as used in this RFP is defined in Article Section 1.1 of the Agreement
As one would expect with a corporation with business of the size, extent and diversity of WM’s business,
WM has been involved in various lawsuits over the past ten years, including, but not limited to, personal
injury cases, debt collection, small claims cases, workers compensation claims and other litigation.
Notwithstanding the foregoing, there are no lawsuits currently pending against WM that could reasonably
be expected to have any materially adverse impact on the performance of WM's obligations under the
contract.
There are no administrative or judicial actions currently pending against WM or any facility or property
owned or operated by WM that could reasonably be expected to have any materially adverse impact on
the performance of WM's obligations under the contract.
Below is our current litigation disclosure.
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Provide the following financial information for the most recently completed fiscal year for the proposer or, if a corporate guaranty is to be
provided, for the guarantor:
The type of financial statements (audited or reviewed) and the corporate entity that they represent (proposer or corporate
guarantor).
The most recently completed fiscal year for which financial statements are available.
Annual revenue from the most recently completed financial statements.
Current Assets to Current Liabilities ratio (current assets/current liabilities) from the most recently completed financial statements.
Total Liabilities to Total Assets ratio (total liabilities/total assets) from the most recently completed financial statement s.
Upon request, proposers must submit the financial statements upon which the requested financial information is based within five (5) business
days of the request. Statements must be prepared and presented in accordance with Generally Accepted Accounting Principles applied on a
consistent basis and must include a statement by the chief financial officer of the proposer’s company that there has been no material adverse
change in conditions or operations, as reflected in the submitted balance sheets, income statements and cash flow statements, since the date
on which they were prepared.
Proposers requested to submit financial statements may submit a single copy, stamped “confidential” and request for its return upon
completion of the procurement process. The City will attempt to maintain the confidentiality of such a request, although confidentiality cannot be
guaranteed.
The selected proposer will be required to submit “reviewed” or “audited” financial statements that demonstrate reasonable financial resources
and stability to the satisfaction of the City. If awarded the contract, the financial statements shall remain with the City.
Financial Strength: The Foundation for Our Commitment
As a wholly owned, indirect subsidiary of Waste Management, Inc., Waste Management Collection and
Recycling, Inc. (WM) does not report financial results. All financial reporting occurs through our parent
entity. As a publicly traded company, WM is held to the most stringent regulations for accurate and timely
financial disclosure. WM’s financial statements are audited.
Revenue in 2022 was $19.7 billion, and WM has an asset base of $31.4 billion. Current assets to current
liabilities ratio from the most recently completed financial statements is 1.29. The total liabilities to total
assets ratio from the most recently completed financial
statements is .78. These ratios are evidence that WM’s
financials are extraordinarily strong and stable. The company
generates strong and consistent cash flow and has access to
an extensive line of credit. WM’s financial strength is the foundation for our commitment to serve our
customers, perform our obligations, and protect the environment in carrying out our broad services.
WM has achieved solid investment-grade credit ratings from three major rating agencies. Most recently,
the company has been assigned ratings of A-/A-2 by Standard & Poor’s, BBB+ by Fitch, and Baa1 by
Moody’s. The ratings are based on expectations that management will maintain good liquidity, pursue a
moderate financial policy, and allocate capital in a disciplined manner. The credit outlook from each
agency for WM is characterized as stable.
Full financial results are available on
our website at investors.wm.com.
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WM’s financial strength, as summarized above, gives Diamond Bar assurance that we can and will fulfill
our obligations.
WM is committed and financially able to perform all operations in full compliance with applicable
federal, state, and local regulations and to provide clear documentation of that compliance.
WM offers the most extensive network providing waste management services in North America,
including transportation, disposal, treatment, recovery, remediation, waste identification, and
several other specialty services. This network enables us to provide a single source of
responsibility, from transportation through disposal of waste.
Typically, new capital requirements are internally financed by WM using cash flow from existing
operations - freeing our new trucks, carts, containers, and facility investments from the timelines
and terms of third-party creditors.
WM's financial strength helps us to continually innovate and invest in technologies including organic
solutions for all the customers we serve, including Diamond Bar, and we are committed to maintaining
that strength.
For your convenience, please refer to the following links for the WM Annual Reports for the past three (3)
fiscal years to supplement our current financial information.
2022: https://investors.wm.com/static-files/3bbb4e9d-812b-4a99-87a9-db600206f1a2
2021: https://investors.wm.com/static-files/6f36d219-fd4c-43ce-93f6-35f5928eb2eb
2020: https://investors.wm.com/static-files/4c8211bb-a942-4874-ac5f-a19bdd5756c9
Waste Management, Inc. (WMI) is a holding company, and all operations are conducted
by its subsidiaries. Please see:
https://www.sec.gov/Archives/edgar/data/823768/000119312517046480/d252547d10k.htm
All subsidiaries of WMI are affiliates of each other, pursuant to the SEC/ Rule 144 definition.
Audited Financial Statements
WM provides audited financial statements for Waste Management, Inc., who is the indirect parent of
Proposer. We do not prepare audited financial statements for subsidiaries, and therefore such financial
statements do not exist for the proposer, Waste Management Collection and Recycling, Inc.
Per requirements, we have included business tax returns for Waste Management Collection and
Recycling, Inc. as a separate document for your review.
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Audited Financial Statements
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Proposer must submit evidence that the proposer either has, or is able to obtain, the insurance coverage required in the draft Agreement
Section 11.89.
Certificates of Insurance
WM secures gold-standard insurance coverage to protect our partners. Going above and beyond, we
provide environmental site liability coverage, which covers all active sites that are owned or operated by
WM. It offers third-party liability for bodily injury and property damage, and off-site clean-up coverage,
coverage for both sudden and non-sudden pollution incidents, and transportation coverage including the
loading and unloading of the vehicle. Diamond Bar can rest easy with WM as your service provider
knowing that you are always protected by best-in-class insurance. Copies of our certificates of insurance
are included on the following pages which serves as evidence that WM has the insurance coverage
required in the draft agreement.
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Proposer shall describe how it plans to perform the solid waste services requested in this RFP and described in the Draft Franchise
Agreement. Information must separately address all materials collected for Residential, Multifamily, Commercial, and City facilities.
Proposer shall include detailed responses for each component of their collection approach, including at a minimum the categor ies listed below.
If the strategies and/or assumptions are different for each organic material processing approach, provide details for each approach. Label each
approach to correspond with the respective rate proposal.
Routing strategy and productivity assumptions by service sector (SFD, MFD, Commercial and City facilities); discussion of special
routing (if any) for collecting in narrow streets, courts, and alleys; and route productivity assumptions (in terms of SFD accounts per
route per day and MFD/Commercial lifts per route per day) and where these productivity assumptions have been accomplished in
other cities serviced by the proposer.
Collection methodology (e.g., automated, semi-automated, one- or two-person crews, etc.), including discussion of special methods
if any) for collecting in any hard-to-service areas.
Number of and description of the collection vehicles to be utilized including make, model, and year, body type, yardage capacity,
tonnage capacity, type of renewable natural fuel to be used, waste stream(s) to be collected (refuse, recycling, organics), cost, and
lease or ownership arrangements. New vehicles are required for residential and MFD, commercial, and City collection services.
This requirement is primarily to ensure that comparable rate proposals are submitted. The City reserves the right to allow the
contractor to provide used collection vehicles.
New or used vehicles may be used for support vehicles.
Manufacturer’s specifications of containers to be utilized. New carts shall be provided for residential and multifamily dwellings that
use carts services and new or used containers (i.e., bins and drop boxes) may be provided for customers that are serviced with bins
i.e. MFD/Commercial/City customers).
Container requirements are described in draft Agreement Section 7.104.3. Proposer shall supply complete technical data and
manufacturing specifications on the specific cart, bins and Drop Boxes being used.
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Routing Strategy
Productivity Assumptions
Our routing software, eRouteLogistics® will minimize customer impact and maximize safety and efficiency
as it allows us to create the most efficient routes using an algorithm that accounts for all conditions
encountered on route.
Our GPS technology allows drivers to log service activity in real time, minimizing the opportunity for
missed collections. Our onboard computing system dispatch (OCSD) software application is the system
that aggregates all the data generated by our drivers via their onboard units (OBU). It is used by our route
managers, dispatch, and customer service teams to make routing decisions and modifications in real
time, answer customer questions, and develop new and modify existing routes for efficiency based on
historical data.
Onboard Tablets Eliminate Learning Curve
Each collection truck is equipped with onboard tablets that display the driver’s exact route, scheduled
collections, and relevant account notes such as container placement. The tablets include GPS technology
that allow drivers to log service activity in real-time. Collection statuses minimize the opportunity for
missed collections. These resources will enable the WM drivers servicing Diamond Bar’s commercial
sector to learn their routes quicker and minimize service disruptions.
You can find an in-depth description of our eRouteLogistics® software, and other software programs
discussed above and later in this section.
Route Development and On-going Route Maintenance
As discussed above, our routes are built utilizing a combination of the latest technology, historical data
and driver knowledge. Some variables we consider are service time windows, traffic patterns, disposal trip
time, enclosures, hard to service areas, etc. Typically, our route adjustments do not result in service day
changes. We have a dedicated group of people called the Business Optimization Team who's primarily
focus is to seek opportunities that will deliver efficient, safe and reliable service to our customers.
We are consistently making route adjustments to ensure routes are working efficiently,
For the City of Diamond Bar, if awarded the commercial sector, the process for routing the commercial
sector will start by Q2 2025.
Residential Routing Average
As the City’s current service provider for residential services, routes are currently in place. Through
optimization, WM’s route efficiency average in Diamond Bar is 95 homes/hour. This includes MFD
accounts that are serviced with carts. This routing efficiency average is not just being accomplished
currently in Diamond Bar, also La Verne, Arcadia, San Dimas, Baldwin Park. All cities are serviced by our
San Gabriel Hauling District.
Furthermore, Diamond Bar will continue to be serviced with WM drivers who are already familiar with
every street and home in your City. Our drivers have intimate knowledge of the customers on their
assigned routes, who is offered valet service, where should the carts be placed back, and even where
their little WM fans are routinely waiting for them to wave “hello”.
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Commercial Routing Average
While WM does not currently service the commercial sector of the City, however we are extremely familiar
with your City and based on our years of experience in Diamond Bar, we are certain that we can match,
if not further improve the current efficiency average of 27 yards/hour that we are currently accomplishing
in the cities of Baldwin Park, Arcadia, La Verne, San Dimas. Again, all cities are currently serviced by
our San Gabriel Hauling District.
City Facilities
Historically, waste collection service for City facilities has been primarily provided with FEL trucks
servicing commercial bins. Our commercial route efficiency described above also includes service to City
Facilities.
Hard-To-Service Areas
Special Routing for collection in hard to service areas where a Scout truck is used.
Scout Truck routes are created daily: tickets generated for each customer (based on what their scheduled
service is) are sequenced to align with the routing schedule of the “mother truck(s)”—the collection
vehicles that are scheduled to service the customer that day. All this information is tracked on the Scout
driver’s on-board tablet. The Scout driver begins servicing his scheduled route by removing the bins and
placing them on the curb. Within a short timeframe, the bins get serviced by the collection vehicle(s). After
the bin(s) have been serviced, a notification is sent to the Scout driver’s on-board tablet instructing them
to return the bins back to their location. Once the bins are returned, the Scout driver confirms the service
is completed their tablet and the ticket is closed. The on-board tablet keeps track of the tickets to ensure
that drivers are completing their routes and safeguards that all bins have been placed back in a timely
fashion.
Please note that the routing efficiency of 27 yards/hour, includes the Scout services routes
Routing Strategy: Driven by eRouteLogistics®
With more purchases being made electronically, many of us have started tracking the status of our
deliveries online, and for the first time, we have had visibility into the complex logistics behind each
shipment. When we are anxious to receive a package, we watch every stop from the point of intake, to
transfers at regional distribution centers. Just as we depend on mail carriers to deliver packages on time,
Diamond Bar depends on WM to collect waste safely, efficiently, and on time.
Behind the scenes, we meet these customer expectations with the help of our state-of-the-art technology
and software. Our entire fleet is equipped with an onboard computing system (OCS) – touch screen tablet
technology that enhances real-time route management and communication between our operations and
customer service teams. Through OCS, we use eRouteLogistics® software to build and maintain our
routes and Plan Versus Actual (PvA) technology to manage collection routes in real time.
Safety Improvement: Routes are planned in line with company safety policies and protocols.
Our routes accommodate traffic patterns and traffic flow, as well as avoid high pedestrian traffic
hours at locations such as schools, playgrounds, and parks.
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eRouteLogistics®: Routing Software that Reflects Real-Time Developments
As noted earlier, we utilize eRouteLogistics® to develop, manage, and modify routes. The software is
used daily by our operations team to ensure that each route is well-maintained and adjusted to reflect
new developments and changes in service levels, customer counts, and traffic patterns.
The eRouteLogistics program uses specialized software and a process analysis that bases routing and
rerouting on:
eRouteLogistics displays customer locations in a user -friendly map through a variety of coloring and
labeling options and allows users to visualize existing and future routes. Updated in near real-time,
eRouteLogistics enables our route managers, drivers, dispatchers, and customer service representatives
to resolve any questions or concerns our customers or municipal partners may have concerning routes.
This web-based application integrates with our billing and customer database, Mid -Atlantic Services
MAS). MAS provides daily updates to eRouteLogistics to capture new customers and service level
changes. eRouteLogistics features mapping capabilities supported by Microsoft’s Bing Maps technology.
Mapping is automatically updated via Bing Maps to reflect road changes and new community
developments.
eRouteLogistics features mapping capabilities supported by Microsoft’s Bing Maps technology. Mapping is
automatically updated via Bing Maps to reflect road changes and new community developments.
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Plan vs. Actual Technology: Driving Consistency in Service Deliverables that
Increase Customer Satisfaction
Using our Plan Versus Actual (PvA) technology, route managers and dispatchers can track every stop on
the route virtually. By following the same route order every service day, we create consistency in service
and increased customer satisfaction. Through experience, we know that the consistency of collection to a
customer is important and if the collection time is different, we hear from residents and businesses. That
is why we use PvA software that displays how closely the driver followed the route, where there were
delays of more than 10 minutes, and where the driver had to deviate from the route. Coaching
consistency is important, and our general goal is to run the route as designed so customers know when to
expect us.
The graphic to the right shows the PvA tracking for an
actual route. A route order is typically denoted by blue
squares (representing each account on the route). The
order in which stops are serviced is denoted by the
orange squares (based on when the driver "statuses" the
stop, meaning, completed the pick-up).
The driver updates the status of each container as it is
collected. That route information is shared almost
instantly with the customer service center, so when a
customer calls, our customer service representatives
know what has happened on the ground. This helps the
route manager track down disputed calls and helps the
driver eliminate missed pick-ups.
More Accurate Commercial Services
Commercial settings can be challenging to service. Often, business addresses and container locations do
not match. Using a link to the in-truck computer tablet, the route manager can overlay the driver's route
onto Bing aerial maps, to identify the commercial customer's account location versus where the container
is located on the property. This can assist drivers to avoid missed pickups in confusing settings.
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Real Time Flexibility for On-Time Collections
We know not every day goes smoothly. Traffic
can slow a driver on their route. A driver gets
sick, and the route still needs to be serviced.
Route managers and dispatchers can take a
portion of a route, or an entire route, divide it up
among other trucks, and seamlessly drop those
stops onto the other drivers' tablets. This puts the
customer first, allowing us to quickly react to all
situations. Additionally, route managers and
dispatchers have access to each driver's tablet
and can track how many stops are on their route
and progress to completion.
While sitting at their desk, our operations team
can see where our trucks are located, the stops
already completed, and the day's work left to be
collected. By dropping an electronic ticket on the
map, the software pinpoints the location of the issue and gives our operations team the tools needed to
re-route the work to the nearest truck.
Our drivers will know Diamond Bar and they make certain you receive excellent customer service. With
the help of our route management technologies, our drivers, route managers, and customer service team
work together to meet your service expectations of on-time collections delivered in a safe and efficient
manner day-in and day-out.
Collection methodology (e.g., automated, semi-automated, one- or two-person crews, etc.), including discussion of special methods
if any) for collecting in any hard-to-service areas.
Automated Side Loader (ASL) Collection
WM will use the automated side loader to collect your resident’s waste and recyclables. Operated by a
single driver from inside the truck, the automated side loader utilizes a mechanical arm with a claw to pick
up a cart from the curb. When grasping onto the cart, the claw makes a secure grip around the widest
part of the cart body. After gripping the cart, the mechanical arm lifts the cart up, dumping waste into the
top front of the truck. Waste is then forced through an aperture into the main body and compacted toward
the rear of the truck. The driver is able to then reset the cart in its original curbside position.
Front End Load (FEL) Collection
WM will use the Front End Load vehicles to collect commercial customers’ waste and recyclables.
Because we are also offering to service organics with cart service, we will be using ASL’s to service
organic cart service.
Our Front End Load vehicles are designed for collecting solid waste, recyclables and organics in one to
six yard dumpsters, using two hydraulically-powered, movable forks positioned at the front of the truck. A
significant advantage front load trucks have is their high load capacity. Most front load garbage trucks can
hold significantly more trash than other types of trucks, meaning less trips to landfills, resulting in less
wear and tear on the roads and transportation costs . Front load trucks only require one person to operate.
Screenshot of new stops (white numbers) added to
driver’s tablet by the route manager.
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Thus, using front load trucks typically means reduced labor costs and a safer pick up, as the driver
remains inside the vehicle as the container is lifted.
These trucks are made to store and transport waste, so the chance of accidentally spilling trash into the
street is lower than most other truck varieties. Using FELs helps ensure waste is transported without
polluting your cities or endangering other drivers on the road. FELs are also made to effectively operate in
narrow spaces, which also increases the overall safety that these trucks bring to your community.
Following is a description of the benefits of the FELs that WM propose using in Diamond Bar, which have
additional features and benefits than other fleets in the industry.
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Scout Trucks
WM utilizes a F-150 truck retrofitted with hydraulic forks to support hard-to-service areas, such as narrow
residential streets and commercial customers with limited space. The Scout Truck’s relocates commercial
containers where they can be safely serviced by a FEL (front end loader) truck. These trucks are also
utilized in servicing multifamily communities with parking lots that cannot support the weight of our
traditional collection trucks or have space constraints. 2 Scout trucks would be used for the City of
Diamond.
Number of and description of the collection vehicles to be utilized including make, model, and year, body type, yardage capacity,
tonnage capacity, type of renewable natural fuel to be used, waste stream(s) to be collected (refuse, recycling, organics), cost, and
lease or ownership arrangements. New vehicles are required for residential and MFD, commercial, and City collection services.
With more than 32,000 collection and support vehicles on the road throughout North America, WM trucks
are a familiar sight and one of the most visible symbols of our company. Our state -of-the-art fleet -
navigating your City - assures Diamond Bar is provided safe, quiet, efficient, and environmentally friendly
collections.
Below is a list of collection vehicles we plan to use in Diamond Bar:
Unit # Asset Type Year Make Model Fuel Number
Axles
107951 ASL 2023 Peterbilt 520 RNG 4
108038 ASL 2023 Peterbilt 520 RNG 4
108039 ASL 2023 Peterbilt 520 RNG 4
108040 ASL 2023 Peterbilt 520 RNG 4
108311 ASL 2024 Autocar ACX RNG 4
108312 ASL 2024 Autocar ACX RNG 4
108313 ASL 2024 Autocar ACX RNG 4
108314 ASL 2024 Autocar ACX RNG 4
108315 ASL 2024 Autocar ACX RNG 4
216627 FEL 2023 Autocar ACX RNG 4
216628 FEL 2023 Autocar ACX RNG 4
216680 FEL 2023 Autocar ACX RNG 4
419054 RO 2023 Peterbilt 567 RNG 4
633970 Stinger/Scout 2023 Ford F150 UN 2
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Renewable Natural Gas
We are thrilled to share that our WM fleet that will service
Diamond Bar is virtually 100% RNG except for our
stinger/scout truck. Renewable Natural Gas (RNG) is
beneficial for meeting SB 1383 regulations and is good for
the City of Diamond Bar. Meeting SB 1383 requirements:
SB 1383 is a California state law that mandates a
significant reduction in organic waste disposal in landfills.
RNG plays a crucial role in meeting these regulations as it
provides a sustainable and renewable alternative to landfilling organic waste. The City can achieve its
waste reduction targets by diverting organic waste from landfills and using it to produce RNG. Also, RNG
offers a lower carbon footprint. RNG is a renewable and low-carbon fuel and significantly reduces
greenhouse gas emissions.
Collection Vehicle Descriptions
Proposed Collection Vehicles for Diamond Bar
TYPE OF RESIDENTIAL VEHICLE: AUTOMATED SIDE LOADER
Materials Collected:
MSW, Recycling, Organics Turning Diameter: 61.60 feet
Number of Axles: 4 Type of Fuel: Renewable RNG
Gross Vehicle Weight: 57,500 lbs. Number of Collection Compartments: 1
Maximum Load Capacity: 40 cubic yards
Chassis Make/Model: Peterbilt 520, Autocar ACX
Service Procedures: Residential ASL’s service containers with mechanical arms that lift and tip
contents into the body of the truck. The mechanical arms on the right side of the cab are operated by the
driver with controls inside the cab.
Crew Size – One (1) Driver
9 ASL vehicles would be used for the City of Diamond Bar
Cleaner and quieter collections: WM
is proud to service Diamond Bar
with vehicles that run on
compressed natural gas (CNG)
and/or renewable natural gas (RNG).
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TYPE OF COMMERCIAL VEHICLE: FRONT LOADER
Materials Collected:
Solid Waste, Recycling, Organics Turning Diameter: 72 feet
Number of Axles: 4 Type of Fuel: Renewable RNG
Gross Vehicle Weight: 66,000 lbs. Number of Collection Compartments: 1
Maximum Load Capacity: 40 cubic yards
Chassis Make/Model: Peterbilt 520, Peterbilt 56, Autocar ACX’s
Service Procedures: The commercial FEL services dumpsters with two forks on the front of the
truck that lift and tip contents into the body of the truck. The folks are operating by the by the driver
with controls inside the cab.
Crew Size – One (1) Driver
3 FEL vehicles would be used for the City of Diamond Bar.
TYPE OF VEHICLE: ROLL OFF
Materials Collected:
Solid Waste, Recycling, Organics Turning Diameter: 78 feet
Number of Axles: 4 Type of Fuel: Renewable RNG
Gross Vehicle Weight: 66,000 lbs. Number of Collection Compartments: 1
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Maximum Load Capacity: 40 cubic yards
Chassis Make/Model: Peterbilt 567
Service Procedures: The roll off vehicle services 10-to-40-yard boxes using a hydraulic lift and
cable with hook attachment. The hydraulic lift can be controlled by the driver inside or outside of
the cab.
Crew Size – One (1) Driver
1 RO vehicle would be used for the City of Diamond Bar.
TYPE OF SUPPORT VEHICLE: SCOUT TRUCKS
Materials Collected:
Solid Waste, Recycling, Organics Turning Diameter: 45 feet
Number of Axles: 2 Type of Fuel: Unleaded
Gross Vehicle Weight: 6900 lbs. Number of Collection Compartments: N/A
Maximum Load Capacity: 2300 lbs.
Chassis Make/Model: Ford
Service Procedures: The scout truck services hard-to-service areas, such as narrow residential
streets and commercial customers with limited space. The truck pulls out the bin from hard to service
locations such as sub-terranean and mix use properties.
Crew Size – One (1) Driver
2 Scout Trucks would be used for the City of Diamond Bar.
Collection Vehicle Features that Enhance Safety and Maneuverability in Difficult, or
Space Constraint Service Areas
In addition to the Scout Support vehicle above, we design all our vehicles with maximizing safety and
maneuverability.
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ASLs and FELSs are COE (Cab Over Engine) models improving driver visibility and vehicle
maneuverability.
Vehicles have up to five external, color cameras along with an interior -mounted color monitor to
enhance the driver’s visibility for backing and for improved side visibility, reducing the
opportunity for accidents.
DriveCam is installed in all collection vehicles - from route managers vehicles to collection
vehicles- this safety feature allows for near instant notification of driver behaviors to prevent
issues. coaching or correction. DriveCam video is shared with drivers on a regular basis and
add another powerful coaching element to our industry leading safety program.
Tag axles are used to help evenly spread and distribute weight and ensure a maximized
payload. Tag axles also improve vehicle turning radius, reducing vehicle backing and improving
maneuverability in tight spaces.
Both ASL and FEL vehicles have air-actuated hydraulics and payload capacity of 39 cubic
yards.
WM Trucks are configured with more Vehicle Safety Features
Leading Safety with Onboard Technology Advancements
On-Board
Methane
Detection
On CNG-powered trucks, methane detectors provide immediate visual and
audible alarm for potential leaks from fuel tanks or lines.
Maximum Idle
Time Limit
After five minutes, engines turn off to reduce fuel consumption and exhaust
emissions.
Electric Heated
Rear View
Mirrors
Provides fog and frost-free view of both sides of the truck. Mirrors are adjustable
electronically from the driver’s seat to provide an unrestricted view of the sides
and rear on the truck.
Busboy Mirrors Angled convex mirrors allow the driver an unrestricted view of the area in front of
the truck. Especially valuable when children and/or adult pedestrians are present.
Trapezoidal Side
Lights
Floodlights located halfway down the side of the body come on automatically
when the truck is in reverse. Bright flood lighting illuminates both sides of the
truck and roadway providing added safety.
LED Strobe
Lights and
Flashers
Enhances rear of truck visibility for approaching motorists. Improves safety for
helpers while working at the rear of service trucks.
Sears Air Ride
Drivers Seat
Provides added comfort and excellent ergonomics for the driver. Includes eight-
way adjustability including lumbar support to help reduce driver fatigue and
improve overall performance.
Reflective
Signage/Striping
Highly reflective rear of vehicle striping and signage to provide exceptional
visibility when approaching trucks from the rear during nighttime hours.
Heavy Duty Disc
Brakes
Provide the best stopping distance for heavy trucks in the industry. Exceeds all
applicable Federal Motor Vehicle Safety Administration requirements.
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Leading Safety with Onboard Technology Advancements
Electromagnetic
or Hydraulic
Driveline
Retarders
Retarders are silent and provide additional braking capacity. Eight-inch-wide rear
brake lining also increases braking capacity and improves vehicle safety.
Four Braid
Hydraulic Hoses
Part of Waste Management’s standard truck body specification, doubling the
safety margin against high-pressure hydraulic leakage.
Community-Friendly Operational Practices
WM operating procedures are designed with you - our customer - in mind. Our operational practices are
built to minimize environmental and neighborhood impacts. Some of our operational practices include:
Preventive Maintenance: Every 200 hours, each of our collection vehicles undergoes a spill and
leak prevention assessment conducted by a certified mechanic. Also, our drivers closely examine
their vehicles daily during pre-and post-trip inspections. If a leak or excessive wear is identified, the
truck will not return to work until it has been assessed and repaired.
Self-Containment: All our vehicles are fully enclosed and designed to be leak -proof with self-
containing mechanisms to compress the material collected, helping to prevent any debris from falling
off our trucks.
Odor Control: WM trucks undergo a weekly wash to prevent excessive odors.
Tidy Collection Areas: WM drivers leave collection areas just as neat and tidy as they found them.
All drivers keep a broom and shovel handy to clean up any spills or fly-away materials in the event
material escapes the cart or container during collection.
Automatic Engine Shutoff: Our truck engines are designed to automatically turn off after five
minutes of idling to further reduce emissions and conserve fuel.
Comprehensive Spill Response Protocol
While our preventive maintenance programs prevent many spills from ever happening, should a spill or
leak occur while on route our drivers immediately follow a defined process to minimize impact. If a spill
occurs:
The driver immediately contains the spill using the
spill kit, which includes absorbent pads, which are
on board each truck.
The driver calls dispatch to report the spill location,
fluid type, proximity to drains, and approximate
spill quantity.
In the event the driver reports a spill they are
unable to contain, or the spill has reached
stormwater drains, dispatch automatically sends a
professional groundwater service provider to the
spill location to perform all necessary cleanup.
Waste Management trucks have an onboard spill
kit and shovel should a spill occur.
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A route manager is also dispatched to the spill location to verify driver reported data, assist in spill
containment, and verify that the spill is properly managed and reported per regulatory standards.
Local team will work closely with the City staff to provide the timely notification and information required
that confirms that the cleanup followed all obligations under the National Pollutant Discharge Elimination
System (NPDES) permit.
Manufacturer’s specifications of containers to be utilized. New carts shall be provided for residential and multifamily dwellings that
use carts services and new or used containers (i.e., bins and drop boxes) may be provided for customers that are serviced with bins
i.e. MFD/Commercial/City customers).
Container requirements are described in draft Agreement Section 7.104.3. Proposer shall supply complete technical data and
manufacturing specifications on the specific cart, bins and Drop Boxes being used.
The following are our container manufacturer specifications to be utilized for the City of Diamond Bar
residential and multifamily dwellings. WM will provide customers new carts and bins.
Rehrig Pacific Company Cart Specifications
Built for Your Residents with Durability, Convenience, and Sustainability in Mind
WM will partner with our cart supplier, Rehrig Pacific Company, for the delivery of new carts for the City of
Diamond Bar. Rehrig Pacific has served the solid waste and recycling industry since the growth of
curbside recycling programs in the late 1980s. Today, they are the largest cart manufacturer in North
America, with seven manufacturing facilities nationwide.
Rehrig Pacific’s carts are compatible with manual, semi-, and fully automated collection systems, and are
backed by a 10-year, non-prorated warranty. We have successfully utilized Rehrig Pacific carts in
communities throughout North America.
Container Requirements and Utilization
Cart Selection, Distribution and Exchanges
WM will provide Diamond Bar residents with new Refuse, Recycling and Organics Carts at the start of the
service under this Agreement. Commercial customers will be provided “like new” commercial bins.
In advance of initial Container distribution, WM will mail a notice of rates, and provide Customers the
opportunity to request service changes. If no response is received by specified date, Residents will retain
the same level of service currently provided.
Container Repairability or Replacement
The goal of WM’s cart and container maintenance program is safe, convenient, uninterrupted service for
Customers.
The dedicated WM Container Maintenance staff cleans, repairs, and maintains an adequate inventory of
repaired and new carts and bins at the San Gabriel Hauling Operations yard to swiftly replace carts and
bins at Customer locations as needed within the 5-day response time required.
Upon notice by Customer, City or WM Drivers that a cart or container needs to be repaired or replaced, a
ticket is immediately generated in WM’s OPUS system.
Simple repairs are completed in-field by Drivers or Route Managers
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More complicated repairs require Cart and Container Delivery and Exchange Drivers to
remove the damaged container and replace it with clean, working container.
The San Gabriel Hauling Container Maintenance staff will complete most repairs.
Carts with major damage to bodies will be referred to the manufacturer for warranty
replacement as appropriate.
Bins with major damage to bodies will be sent to WM’s Centralized Bin Repair facility for
major welding or scrapped according to the estimated cost of welding.
Customer, City and Driver requests for repair or replacement of carts or bins will be fulfilled
no later than 5-days after the date of the request/ticket generation.
All cart and container repair/replacement requests and repair/replacement actions are
recorded and tracked in our OPUS system for City Reporting.
Cart Manufacturer Specifications
Rehrig’s BULKY RIGID CART Help Customers Achieve Their Sustainability Goals and is the foundation
for their cart models. The dark color of the cart body allows for up to 40% post-consumer recycled
content, containing 10% bulky rigid recycled plastics. Size alternatives are illustrated here, and
customized lid colors facilitate mandate compliance.
Rehrig demonstrates recycling at its finest by pioneering innovative ways to INCORPORATE 1.35
BILLION POUNDS OF BULKY RIGID PLASTICS into their cart manufacturing process. We partner with
Rehrig because we share their
commitment to a sustainable
solution to a bulky problem –
recycling used carts.
Rehrig’s ORGANICS CART’s
unique design allows for
increased airflow and odor
mitigation through VENTILATED
LIDS. Optional anti-microbial and
anti-fungal additives for odor
control are available upon
request.
Primary features and benefits
include:
Durability
Rehrig Pacific carts are UV-
stabilized for color retention and
designed for optimal compatibility and functionality with both semi- and fully automated lifter systems,
including engineered stress channels and a wear strip to permanently protect the bottom of the cart from
abrasion.
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Maneuverability
The continuous one-piece handle provides a strong gripping area , and the wide wheelbase makes
maneuvering easy for Chino Hills residents.
Customizable Design Options
Rehrig Pacific’s carts are SB 1383 Compliant and feature customizable color options and lids, and
containers of different colors.
RFID-Enables
Rehrig Pacific carts can be equipped with RFID tags for collecting and tracking customer account
information. RFID tags help eliminate missed collections, unbilled services, increase recycling rates
through participation verification, allow for targeted marketing to customers in specific zones based on
data-driven variables, and increase overall operational efficiencies.
Sustainability Without Sacrificing Quality
It only makes sense that the carts we provide Diamond Bar for the collection of trash and recyclables
should be produced in an environmentally responsible manner without compromising durability,
convenience, and quality. Rehrig Pacific pioneered a previously impossible process to build their carts out
of an unprecedented 40% recycled material, without sacrificing strength or curb appeal.
Rehrig Pacific also has a best-in-class R&D lab leading the way in figuring out what to build their carts out
of next, from bulky rigid plastic like patio chairs and laundry hampers, to tough materials like ocean waste
and discarded rope.
Cart Recovery and Recycling
The High-Density Polyethylene (HDPE) resin that Rehrig
Pacific uses in its carts makes them 100% recyclable. This
allows our cart manufacturer to create a closed loop system
reclaiming and recycling products at the end of life for
reuse in the production of new products.
Manufacturing Locations
With seven manufacturing sites across the United States, Rehrig Pacific has a strategic national footprint
that allows for timely production and delivery of new cart orders and lower freight costs. All Rehrig carts
are made in the USA. Diamond Bar carts will be manufactured in Los Angeles and are union made - local
manufacturing of Diamond Bar carts reduce greenhouse gas emissions.
Cart Design Requirements
WM will partner with Rehrig Pacific, our cart supplier of choice for Diamond Bar to deliver the new carts.
Diamond Bar Our hand-picked suppliers have served the solid waste and recycling industry for decades
and all cart quality and workmanship are backed by 10-year warranties.
Cart Colors
The Refuse, Recycling and Organics Carts or Cart lids will be differentiated by color. The colors are
colorfast and resistant to fading as a result of weathering or ultraviolet degradation. Cart and Cart lid
colors shall be consistent throughout the City and shall comply with CalRecycle requirements under SB
1383.
Each year, Rehrig Pacific uses 60 million
pounds of recycled post-consumer plastic that
is diverted from the waste stream.
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To prepare for compliance with SB 1383 (collect waste in color-coded containers (sections 18984.1-
18984.3), WM will provide a three (3) bin sources separated system. Black containers for trash, blue
containers for recyclables, and green container for organics.
Carts
Manufacturer Rehrig Pacific Company
Specific Sizes 35-, 65-, and 96-gallon options
SB 1383 Compliance Fully Compliant
Waste Stream Cart Color Lid Color
Trash Charcoal (Dark) Gray Black
Recycling Charcoal (Dark) Gray Blue
Organics (Residential) Charcoal (Dark) Gray Green
Organics (Commercial) Charcoal (Dark) Gray Green
Cart Lid Performance
All open containers have working lids so that they can be closed to protect contents from outside
elements, pests, etc. After pick-up, areas surrounding containers will be left in good condition. Loose
trash or debris which is a result of the pick-up process will be cleaned up by the contractor before leaving
the site.
Each container will be provided with a lid that continuously overlaps and comes in contact with the
container body or otherwise causes an interface with the container body that simultaneously prevents
intrusion of rainwater, emission of odors and allows for free and complete flow of material from the
container during the dump cycle.
Lids are easily opened and shut throughout the serviceable life of the container and will remain closed in
winds up to 25 miles per hour from any direction. All lid hinges will remain fully functional and continually
hold the lid in the original designed and intended positions when either opened or closed or any position
between the two extremes. The lid shall be designed and constructed such that it prevents physical injury
to the user while opening and closing the container.
The lid handle is an integrally molded part of the lid, and the lid (and body) will be of such design and
weight that would prevent an empty container from tilting backward when flipping the lid open. The lid is
hinged to the cart body in such a manner to enable the lid to be fully opened, free of tension, to a position
whereby it may rest against the backside of the container body.
Cart Labeling and Hot Stamping
Carts are available in many standard color options with hot stamping and large in-mold labels to display
key program instructions. WM provides container labels with images and in multiple languages to
differentiate recycling, food waste and garbage.
MSW RECYCLING ORGANICS
To prepare for compliance with SB 1383 (collect waste in color-coded containers (sections 18984.1-
18984.3)), Waste Management will provide a three (3) bin source separated system. Black containers
for trash, blue containers for recyclables, and green container for organics.
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Labels Educate at the Point of Disposal
Each recycling cart provided to Diamond Bar can include labels on top of the cart that list which materials
to recycle in your City.
Research indicates that providing residents prompts or messages at the point of disposal are among the
most effective ways to help residents recycle right. Our labels are an important tool in our Recycle Right
education program - they use images to clearly show what materials are acceptable to recycle and which
materials should go in the trash. Labels are available in both English, Spanish, and Mandarin.
Following is an example of a standardized Recycle Right label. Custom labels are available if specific
recycling information unique to your Residents is required.
Docusign Envelope ID: 664FE19A-5E9C-4DCA-AEE6-42577002FAE2
Docusign Envelope ID: 664FE19A-5E9C-4DCA-AEE6-42577002FAE2
Docusign Envelope ID: 664FE19A-5E9C-4DCA-AEE6-42577002FAE2
Cart Performance Requirements
Rehrig Cart Specifications
Docusign Envelope ID: 664FE19A-5E9C-4DCA-AEE6-42577002FAE2
Cart Durability
Our carts are UV-stabilized for color retention and designed for optimal compatibility and functionality with
both semi- and fully automated lifter systems, including engineered stress channels and a wear strip to
permanently protect the bottom of the cart from abrasion.
The continuous one-piece handle provides a strong gripping area, and the wide wheelbase makes
maneuvering easy for Diamond Bar residents.
Chemical Resistant
Carts will resist damage from common household or Residential products and chemicals. Carts, also,
shall resist damage from human and animal urine and feces.
Stability and Maneuverability
Carts are produced using an injection molding process that allows for exact precision and product
uniformity.
Bin Requirements
Cleaning and Maintenance
WM will maintain each container in a clean, functional state by repairing, steam cleaning, and repainting
the units. Repairs will be made to correct any deficiencies with a unit to render a completely refurbished
container, including repainting. Cleaning will be accomplished by a method to a standard that eliminates
all foreign material and renders the unit free from offensive odors and stains. When a Bin is removed for
cleaning, WM will replace the Bin, either temporarily or as a change-out, with another Container.
Upon Customer or City request, or if required to maintain the Containers in a clean condition, WM will
clean Customer Bins once per year at no additional charge.
Bin Identification and Color
Each Bin placed in City by WM shall have our name and phone number in letters not less than three (3)
inches high on the exterior of the Bin to be visible when the Bin is placed for use. Bin type (Refuse,
Recycling, Cardboard, Organic Waste) may be identified with an affixed sign.
Bins shall be labeled to include English, Korean, and Mandarin and graphic instruction on what materials
should and should not be placed in each Bin. WM will have labels approved by City prior to ordering and
placement on Bins. Labels shall be replaced when worn, and when information on the label needs
updating, but no later than 90 days of request from City.
WM will repaint Bins at the City’s request if the City deems it necessary to maintain a neat appearance.
All Bins in service for the duration of this Agreement shall comply with color and labeling requirements
specified by CalRecycle under SB 1383.
Roll-Off Box Requirements
WM will provide sufficient Roll-Off Boxes to meet Customer demand throughout the Term of the
Agreement, and will keep all Roll-Off Boxes clean, free from graffiti, equipped with reflectors, and with our
name and phone number in letters not less than three (3) inches high on the exterior of the Roll-Off Box
so as to be visible when the Roll-Off Box is placed for use. WM will properly cover all open Roll-Off Boxes
during Transport as required by the State Vehicle Code. All Roll-Off Boxes in service for the duration of
this Agreement shall comply with color and labeling requirements specified by CalRecycle under SB
1383.
Docusign Envelope ID: 664FE19A-5E9C-4DCA-AEE6-42577002FAE2
The vehicles are tarped as required and then transported to permitted disposal facilities. WM utilizes
orange netting that is cut off after they enter the site, as we do not allow staff to climb onto the truck to
tarp/un-tarp for safety reasons.
WM Bins and Roll-off Containers: Wastequip
Wastequip FELs are engineered using heavy gauge steel to withstand the stress of continued use.
Standard models feature 12-gauge sides and 10-gauge bottoms, high density polyethylene lids and fully
welded in-seams. Wastequip heavy duty models have 10-gauge sides and 7-gauge bottoms for added
strength and durability. Containers are also primed inside and outside to reduce corrosion with all
containers meeting ANSI safety specifications and dimensional standards.
Wastequip rectangular open-top RO containers are built to withstand the most demanding waste and
scrap collection applications. Rectangular roll-off containers meet ANSI safety specifications and
dimensional standards and carry the following additional features :
Heavy-duty, greaseable, fully welded wheel
assemblies
Front sheet bent 90 degrees to allow for overlap
on side wall, adding extra strength to seam
7-gauge rail gussets welded to floor and cross
members
Rugged tarp hooks and available tarping systems
from Pioneer or Mountain Tarp protect the load
V-notched weep hole at the bottom of each side
post allows for drainage of liquid and inhibits rust
Painted in one of several standard colors using
high-quality, low-VOC enamel
Rust-inhibiting primer inside and outside Greaseable rail rollers
Docusign Envelope ID: 664FE19A-5E9C-4DCA-AEE6-42577002FAE2
Sample Waste Management Containers
Sample Waste Management Roll Offs
15 yd. 20 yd.
30 yd. 40 yd.
Docusign Envelope ID: 664FE19A-5E9C-4DCA-AEE6-42577002FAE2
Sample Waste Management Containers
Docusign Envelope ID: 664FE19A-5E9C-4DCA-AEE6-42577002FAE2
As an incumbent service provider for many years, WM can offer the City of Diamond Bar customers, staff,
and elected officials a stress- and worry-free transition and implementation.
We are already successfully providing many of the required services outlined in the RFP.
During 2022, WM serviced close to 45,000 residential carts on a weekly basis equating to over 2,133,408
total services for the year.
2022 City of Diamond Bar Customer Service Statistics
Total estimated number of services rendered in the City
of Diamond Bar in 2022: 2,133,408
Total number of complaints received from City of
Diamond Bar customers in 2022: 115
Service Accuracy Rate: 99.99%
We are confident that we can have a similar success serving the commercial sector as we have
experienced in many of our existing cities in throughout the region. Our local team of WM drivers have
experience offering the required services outlined in this RFP in our other franchised cities .
All submitted Confirming Proposals, including the Alternative Proposals will be fully compliant with the
scope of services and collection method outlined in the RFP and Franchise Agreement.
Single-Family Dwelling (SFD) Solid Waste Services
Standard Cart Service
WM will continue to provide each single-family residence with three carts for the weekly automated
collection of refuse, recyclable materials, and organics green waste. The standard size will continue to be
64-gallon cart, unless customer request a larger (96-gallon) or smaller (35-gallon) cart. Customers who
require more than one cart may request a second one - refuse (additional charge applies), recycling (no
additional charge), and green waste (no additional charge).
MFDs of Less Than Five Units
WM will continue to provide multifamily dwellings (MFDs) of less than five solid waste services (refuse,
recycling, and organics collection) using carts or bins as appropriate for the conditions, requirements, and
needs of the customer.
WM will update a guideline kit that will be delivered to each multifamily/tenant as part of the new contract.
The service guideline will explain new programs as well as mandatory State recycling mandates to
encourage proper bin usage. The guideline will also explain the waste bin monitoring as well as overage
and contamination processes and fees.
Docusign Envelope ID: 664FE19A-5E9C-4DCA-AEE6-42577002FAE2
Refuse Cart Overage
WM will provide two (2) annual pickups per calendar year and an end-of-year pickup for refuse that would
otherwise be placed in the refuse cart but excluding bulky items, at no additional charge. Each annual
pickup may consist of up to the equivalent of three (3) large bags, boxes, or barrels of refuse. End-of-year
pickup of all additional refuse that is placed out for collection in the customer's own containers (bags,
boxes, barrels, etc.) for two weeks beginning each December 26.
Backyard Service
WM customers who identify as having a disability that impedes them from being able to wheel their carts
to the curb (and who do not live with a relative who can help) are able to request free "backyard service".
As part of this service, collection personnel will retrieve the carts, empty them, and return them to their
original storage area. To qualify for this special service offering, the bill must be in the disabled
customer’s name and the customer must live at the address where the discount or service will be
received.
WM will provide small carts to those residential units that Diamond Bar has approved based on the
resident’s demonstrated hardship, which would show the need for a small cart. Upon notification by
Diamond Bar, we will deliver a solid waste and recyclable materials small cart to those residential units.
Diamond Bar will review and approve or reject any residential unit’s application for small carts.
Backyard Service for the Disabled
WM will continue to provide back door collection to individuals identified by the City as needing
assistance.
Temporary Roll-Off and Temporary Bin Service
Per resident’s demand, Temporary Roll-Off or Temporary Bin Service are available for cleanup or
construction at an extra charge.
On-Call Bulky Item
WM will continue to provide bulky item pickup service to all SFD and MFD. Each dwelling unit will be
entitled to four (4) bulky item pickups per calendar year at no additional charge. Customers may put out
up to three (3) cubic yards of material at each pickup. Bulky item collections that exceed the number of
free pickups may be subject to an additional charge.
Door-to-Door HHW Collection
At Your Door Special Collection®
Diamond Bar’s residents currently enjoy the convenience of WM’s At Your Door Special Collection®
service—the ultimate solution for residents to properly dispose of household hazardous waste (HHW). As
part of the new agreement, the City’s residents will continue to receive 2 pickups per calendar year at no
additional charge. At Your Door is a unique service offered by WM, which many of the City’s residents
currently utilize.
Docusign Envelope ID: 664FE19A-5E9C-4DCA-AEE6-42577002FAE2
Since January 1, 2011, through August 8, 2023, WM At Your Door Special Collection® has picked
up more than 235,000 pounds of household hazardous materials of which 85.68% was sent for
recycle.
Convenient, year-round home collection service – Zero Hassle
WM makes it easy for residents to dispose of these items by
collecting the materials from their front door – safely, easily,
and responsibly. WM’s At Your Door Special Collection®
service provides convenient, on-demand service for the
collection of household hazardous waste and electronics.
This service’s year-round availability is one of the main
benefits of home collection service for Diamond Bar
residents. Residents may contact WM’s At Your Door
Special Collection® service at any time, year-round, to
schedule a home collection appointment. Residents are not
required to load items into their vehicles and drive to a
separate location. This service allows residents to schedule a collection when it is convenient for them.
Traditional collection events require that residents haul their materials to the location site on a specific
date and time. This limits the service to only residents who are available and physically able to load their
items into their vehicle and drive to the site. The City’s residents benefit from the superior service
provided through a home collection program that allows those without a vehicle, unable to attend the
event, or those physically unable to drive to participate.
Excellent Customer Service
Most collection events do not provide any type of survey to analyze the level of customer satisfaction.
Whereas WM’s At Your Door Special Collection® service is focused on providing excellent customer
service, and this is demonstrated through our ongoing request for feedback through customer service
surveys. The results of this survey are reviewed by WM and mailed directly to Diamond Bar’s city staff.
Data collected from program participants helps us understand our customers' service experience and
identify areas where the program can be further enhanced to meet our customers’ needs.
Following is a sample of our survey filled out by one of our Diamond Bar residents:
EASY AS 1, 2, 3…
Step 1: Call to schedule a home collection
appointment date.
Step 2: Receive information and follow the
instructions.
Step 3: On your specific date, place your
unwanted items outside for pick up.
Docusign Envelope ID: 664FE19A-5E9C-4DCA-AEE6-42577002FAE2
Below is our Diamond Bar Annual Guide delivered to residents.
The Value of At Your Door Special Collection® vs. One-Time HHW Dropoff Event
At Your Door Special
Collection® One-time HHW Collection Event
When is service
offered?
On-demand, year-round service Available only when event is
scheduled, sometimes only 1 day per
year
Does it service the
entire community?
Yes - every resident has equal
access to this service.
No - only residents that are able and
willing to drive to event, usually a very
low percentage of total residents.
Does resident need to
be present during
service?
No; resident places items out for
collection in front of their home.
They do not need to be present
during the service.
Yes, residents must take the time to
drive to event location and wait in line
for service. Wait time can exceed 60+
minutes. Residents must also have a
vehicle large enough to bring large
electronics items to the event.
Docusign Envelope ID: 664FE19A-5E9C-4DCA-AEE6-42577002FAE2
At Your Door Special
Collection® One-time HHW Collection Event
What directions are
residents provided?
Program participants are provided
with detailed instructions.
Unknown
What if a resident has
questions?
Residents can go to our website to
review the FAQ section in addition
to calling our Ops. Service Center
with questions.
Varies
How is the quality of
customer service
assessed?
Participants are requested to
provide their feedback through a
survey. Results are provided to
municipality.
Not usually assessed
Is there a focus on
recycling the
collected materials?
Yes - Most of the materials
collected will be sent to be
recycled.
Not usually
Are reports provided? Yes - a report can be provided that
can be used for diversion
reporting.
Unknown
When is budget
determined?
At the beginning of contract
agreement
Final cost is usually not determined
until after event has been completed.
Does the municipality
need to provide
volunteers?
No volunteers are needed; WM
provides staff required to service
program.
Yes, number of employees and
volunteers, and number of hours will
be determined by size of event.
Are electronics and
devices accepted at
the event?
Yes, the program accepts
common e-waste items such as
TVs, computers, monitors, VCRs,
DVD players, and many other e-
waste items.
Varies.
Trained Customer Service Staff Provides Necessary Answers and Support
In addition to processing service requests, WM’s At Your Door
Special Collection® Operations Service Center (aka call center) will
handle any questions customers may have. The call center can
provide guidance to help residents if they have questions regarding
how to properly package or set out material for collection. These
specialists regularly receive questions surrounding paint,
pesticides, household chemicals, automotive chemicals, and more,
so they are well-versed in providing valuable information and
support.
Operations Service Center staff is required to complete a rigorous
training program throughout their employment. This instructional
program includes training on customer service, hazardous
materials, chemistry, regulatory training, and more. Our staff is
Customer Feedback is Crucial
To increase communication with
residents and provide feedback on the
At Your Door Special Collection
service, participants are encouraged to
provide feedback on the program and
may be sent a survey. In addition, if a
resident has a question about an item
or has questions on how this service
works, they are welcome to reach out
to the Operations Service Center staff.
Docusign Envelope ID: 664FE19A-5E9C-4DCA-AEE6-42577002FAE2
trained to provide residents the information and support needed to have a safe and successful home
collection.
To contact this service center, residents can go to www.wmatyourdoor.com or call us at (800) 449-7587.
Acceptable Materials in the Program
The following list includes the most common eligible items for the At Your Door Special Collection service.
This list is not all-inclusive, and the full list of eligible items may vary depending on state and local
regulations. WM reserves the right to modify the list. Additional instructions may apply based on
applicable regulations. Residents will be instructed that all products must be clearly identifiable and no
containers over 5 gallons will be accepted. Items that exceed Diamond Bar household hazardous waste
collection requirements are identified with an asterisk (*). PSS Rep: Place an asterisk (*) after any
acceptable items that exceed bid/local municipality HHW collection requirements.
Docusign Envelope ID: 664FE19A-5E9C-4DCA-AEE6-42577002FAE2
Garden Chemicals
Insect sprays/Insecticides
Weed killers/Fertilizer/Herbicides/
Pesticides
Other poisons
Household Cleaners
Ammonia
Floor stripper/Floor cleaner
Drain/Tile/Shower/Toilet bowl cleaner
Carpet/upholstery cleaner
Rust remover
Paint Products
Oil based/Latex paint
Stripper and thinner
Caulking
Wood preservative and stains
Sealers
Spray paint/Artist paint
Automotive Material
Motor oil
Antifreeze
Waxes/Polishes
Cleaners
Brake fluids
Used oil filters
Transmission fluid
Windshield washer fluid
Hydraulic fluid
Vehicle batteries (up to 4 max.)
Gasoline and Diesel fuel (must be placed
in containers designed and sold for
containment and transportation of fuel (up
to 5-gallon max)
Misc. Household
Household batteries
Florescent tubes/ Compact fluorescent
bulbs
High intensity lamps
Hobby glue
Driveway sealer (up to 5-gallon max)
Electronics with Circuit Boards (up to 25 lbs.)
Televisions (up to 1 max.)
Computer monitors
CPU/computer tower (up to 1 max.)
Laptop/Tablet computers
Keyboard
Mouse
Fax machine
Desktop printer/scanner
CD ROM
DVD/CD/VCR/tape player
Cellphone
MP3 player, iPod, music player
Microwave oven
Related cords
Gaming consoles
Swimming Pool Chemicals
Pool acid
Chlorine: tablets, liquids
Stabilizers
Flammable & Combustible Materials
Kerosene and Solvents
Mercury Containing Devices
Thermostats
Thermometers
Switches
Docusign Envelope ID: 664FE19A-5E9C-4DCA-AEE6-42577002FAE2
Excluded Materials
This service is for residential use only. The collection of hazardous waste from businesses including
home based businesses are excluded. Commercial material, material from businesses, and unusually
large quantities of the same material are not eligible for this program. Business items located at homes
are still business waste and are excluded. Items that are not part of the At Your Door Special Collection ®
service include:
Collection service
include: Biological
waste
Liquid
mercury/elemental
mercury
Ammunition
Broken items that
contain mercury
Explosives
Materials improperly
packaged for transport
Appliances
Materials in leaking
containers
Medicines/pharmaceuticals
Asbestos
Unknown or unlabeled
materials
Tires
Construction-related
materials
Smoke detectors
Containers over 5
gallons
Commercial
chemicals
Fire extinguishers
Trash that may
contain radioactive
materials
Food waste
White goods including
bulky items
Radioactive materials
WM At Your Door Special Collection® Operations Plan
Over the years, we have refined the challenging process of residential collection of home generated
special materials. Every community we operate in is unique, from contract-specified services to local rules
and regulations. Therefore, a comprehensive operations plan specific to your community will be provided
prior to the contract start date that clearly identifies how materials are collected at the curb, screened,
transported, and the methods we use to classify and control materials throughout each step of our
collection process. Our operations plan will also include details concerning record -keeping procedures for
materials received and shipped. Throughout our service term, the Diamond Bar-specific operations plan
will be modified as necessary to comply with changing regulations and/or program procedures. Although
an operations plan is customized for each facility, a WM At Your Door Special Collection® operations
plan generally address the following topics:
Nature, type, quantity of materials collected, including list of acceptable/excluded material.
Collection procedures and equipment.
Planned destination of waste collected, including specific third -party processor information and
details regarding specific material treatment, recycling, and disposal methods.
Operations staffing and training requirements.
Methods used to classify and control wastes received both during collection and at our facility .
Material consolidation and bulking procedures.
Provisions for inclement weather.
Docusign Envelope ID: 664FE19A-5E9C-4DCA-AEE6-42577002FAE2
Record keeping for materials received and shipped for processing or disposal.
Facility map and evacuation diagram as well as facility security measures .
Health and safety procedures.
Disposal
The goal of WM’s At Your Door Special Collection® service is to maximize the percentage of home
generated special materials that are recycled rather than disposed. After collecting the items from the
home, the materials are brought to the several facilities that intake each waste stream. The items are then
properly packaged and sent to the appropriate third-party facility for processing. We will select
environmentally friendly options as the next step in the lifecycle for these materials. The options for
recycling may vary depending upon location but the items that are currently sent to be recycled as
opposed to disposed include anti-freeze, household batteries, vehicle batteries, latex paint, oil-based
paint, compact fluorescent lamps and straight fluorescent tubes, flammable liquids, flammable solids, and
consumer electronics. If an item is unable to be recycled, it is properly disposed of per local, state, and
federal regulations.
Compliance
This program will comply with existing applicable Federal, State, and local regulations. Appropriate
permits and approvals to transport and store household hazardous waste and electronics will be obtained
and maintained. This includes facilities and vehicles used in the process of servicing this program.
In the event of a change in law and/ or regulations related to the services provided under this Agreement,
WM has the option to modify this service. This may include the imposition of new or increased
government fees or assessments, and WM shall be entitled to an adjustment of rates at any time. This
request for adjustment will be submitted by WM to the appropriate municipality’s contact, accompanied by
an analysis of the impacts on rates. A “change in law” adjustment shall only be effective after approval of
the municipality’s governing body. The municipality’s action on our request shall be made within sixty (60)
days from the date of submittal, and its approval will not be unreasonably delayed, conditioned, or
withheld. As used herein, “change of law” does not include changes in Federal or State income tax laws.
In the event of a natural disaster affecting the community, WM’s At Your Door Special Collection ® service
will be suspended for a period of up to six months, or another period upon agreement. The At Your Door
Special Collection® service is designed for the ordinary collection of home generated special materials,
and a natural disaster changes the nature of that need. A natural disaster is subject to the specifics of a
franchise agreement.
Safety
This home collection program has been designed with safety in mind. Each aspect of this program has
been reviewed for potential environmental, health, and safety implications. This encompasses the
compliance requirement for our acceptable and ineligible materials and our in -depth training procedures.
We have a history of safe collection services due to extensive industry experience combined with specific
expertise in household hazardous waste collection.
Service technicians complete a 40-hour HAZWOPER certification program in combination with obtaining
a Hazmat endorsement on their Commercial Driver’s License. In addition, they participate in an in-depth
employee training program that includes classroom and on-the-job training for hazardous materials. This
includes specific training on the collection and transportation of hazardous and potentially hazardous
Docusign Envelope ID: 664FE19A-5E9C-4DCA-AEE6-42577002FAE2
chemicals in a residential setting. Training is updated regularly to ensure our Technicians are trained on
important safety procedures, transportation protocols, chemistry, hazardous materials handling, customer
service, and more.
Over the years, we have refined the challenging process of residential collection of home generated
special materials. These facilities are set up to properly manage the materials according to the federal,
state, and local regulations and are properly permitted to store the eligible materials prior to being
shipped to appropriate processing facilities.
Annual Household Hazardous Waste Event
In addition to our At Your Door Special Collection® service, WM will assist the City in increasing
awareness of Household Hazardous Waste collection by promoting the Los Angeles County Household
Hazardous Waste collections events held in Diamond Bar. Promotional activities will include posting on
WM and Diamond Bar’s website, inclusion in the annual brochures/ mailings sent to each customer,
billing inserts, social media targeted outreach, and press releases to local news outlets.
Curbside Used Oil and Oil Filter Collections
WM will continue to collect used oil placed curbside beside solid waste container on regular collection day
at no additional charge. We will also educate customers to place used oil in clean containers and used oil
filters in clean zip-lock bags.
Sharps Mail Back Program
WM will continue to operate a mail-based program and/ or a drop-off program for the safe processing of
sharps generated by Diamond Bar residents. Upon request, sharps containers will be delivered directly to
residential customers at no cost to the residents or City. WM will make all necessary arrangements.
Medication Takeback Program
WM will assist the City in increasing awareness of medication takeback programs provided by the Los
Angeles County Sheriff's station and any third-party events held in Diamond Bar. Promotional activities
will include posting on WM’s website, inclusion in the annual brochures/mailings mailed to each
residential customer, billing inserts, social media targeted outreach, and press releases to local news
outlets.
FreeCycle.com
WM will publicize to residential customers its free materials exchange/ gifting program, known as
FreeCycle.org, and shall promote FreeCycle.org on WM's website, and the annual brochure/mailings.
Docusign Envelope ID: 664FE19A-5E9C-4DCA-AEE6-42577002FAE2
Annual Holiday Tree Recycling Collection
WM will continue to provide collection of holiday trees from December 26 through the second Sunday in
January.
Compost Giveaway
We are looking forward to partnering with the City to plan these two (2) annual community events, where
residents will be able to get bagged compost. The material will be procured from our SB 1383 approved
composting facility partnerships.
Refuse Collection
WM will provide refuse collection using bins or carts as frequently as scheduled by the customer, but not
less than once per week and more frequently if required to handle the solid waste generated at the
premises where the bins are located.
Detailed Description of Commercial Bins can be found in Section 3.1 Collection Services Approach
Recycling Collection
WM will provide source-separated recycling collection using bins or carts to all locations that are required
to subscribe to organics collection by AB 341. Recycling services will be provided at a rate not to exceed
50% of the equivalent refuse rate for similar container sizes and service frequency.
SB 1383 Recycling Containers are described in Section 3.1 Collection Services Approach.
Organics Collection
WM will provide source separated organics collection using bins or carts to all locations that are required
to subscribe to recycling collection by AB 1826 and SB 1383. Organics services will be provided at a rate
not to exceed the equivalent refuse rate for similar container sizes and service frequency.
Docusign Envelope ID: 664FE19A-5E9C-4DCA-AEE6-42577002FAE2
To prepare for compliance with SB 1383 (collect waste in color-coded containers (sections 18984.1-
18984.3), WM will provide a three (3) bin sources separated system. Black containers for trash, blue
containers for recyclables, and green container for organics.
Bin Pushout Service
WM will provide pushing or rolling containers to the point of collection to locations that require such
service at no additional charge.
Scout Service
WM offers scout service by using a small vehicle either to move containers to the street or other public
right-of-way for collection. Commercial bins with scout service are serviced within two hours and placed
back in their enclosures.
Locking Bins
All bins are available with locking mechanisms.
Permanent Roll-Off Box Service
Rates shall be charged as "pull plus dump", a set rate for the service component plus the per ton charge
based on actual tonnage collected.
Temporary Roll-Off and Temporary Bin Service
WM will provide temporary roll-off box and temporary bin service upon customer request for cleanup or
construction. WM will deliver a temporary roll-off box within forty- eight (48) hours of request (Saturdays
and Sundays excluded) for an additional charge.
Temporary Bin Service
Rates will be charged as “bin delivery/pickup plus one dump.” Additional charges may include, additional
dump, and rental fee after seven (7) days with no dump or bin pickup. WM will deliver a temporary bin
within forty- eight (48) hours of request (Saturdays and Sundays excluded).
On-Call Bulky Item
WM will provide bulky item pickup service to MFDs. Each dwelling unit is allowed up to four bulky item
pickups per calendar year at no additional charge. Customers may put out up to three (3) cubic yards of
material at each pickup. Bulky item collections that exceed the number of free pickups may be subject to
an additional charge.
MSW RECYCLING ORGANICS
To prepare for compliance with SB 1383 (collect waste in color-coded containers (sections 18984.1-
18984.3)), Waste Management will provide a three (3) bin source separated system. Black containers
for trash, blue containers for recyclables, and green container for organics.
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C&D Debris Collection Services
WM will work with any industrial accounts (primarily roll off) to provide multiple containers on large job
sites to enable developer/contractors to source-separate materials. Job sites with limited space might
also source-separate material using containers phased to match the construction progress, i.e., rock,
inerts, concrete & wood for demolition and flatwork phases, wood for framing phases, plastics and metals
for plumbing, electrical and ducting phases, drywall for wall phases, carpet remnants, cardboard for
HVAC, appliance, and finish phases.
Mixed C&D Processing - WM has ability to provide containers for mixed construction and demolition roll-
off processing.
City Collection Services
City Facilities Collection
WM will collect and dispose of all refuse, recyclables, and organics generated and accumulated at
premises owned and/or operated by the City at no additional charge (including e-waste, and construction
and demolition debris) and in compliance with AB 341, AB 1826, and SB 1383. Such premises include,
but are not limited to, offices, parks, and street maintenance operations.
We are prepared to provide services to these facilities over the term of the new agreement, knowing full
well that service levels may vary, with no increase in compensation for additional collection services.
City-Sponsored Events
WM will continue to provide refuse, recyclables, and organics collection using carts, bins, roll -off boxes,
cardboard boxes with liners, or other such containers at no charge at City–sponsored events. These
events and service levels may vary over the term of the new agreement, with no increase in
compensation for additional collection services.
We understand that if the City selects separate contractors for the residential and commercial sectors, the
City intends to alternate events between the two contractors with no guarantee that events will be evenly
distributed based upon either level of effort or number of events.
City-sponsored events include, but are not limited to:
Concerts in the Park
City Birthday Celebration
Fourth of July
Fall Fun Festival
Winter Snow Festival
Arbor Day
Easter Egg Hunt
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Abandoned Item Collection
WM will continue to provide collection of bulky waste abandoned in the City right-of-way or other public
property within WM’s service at no additional charge, within one (1) business day of notification from City.
We understand that we will not be required to collect hazardous waste, liquid wastes, or automobile parts
that are individually too large for collection by two (2) people. City will contact either the residential or
commercial franchisee to provide this service, depending on the location of the abandoned item.
Community Development Review Services
Our local team will work with the City to review building permit applicants' plans and provide advice
regarding adequacy of container storage space and access, particularly to accommodate recycling and
organics containers upon the City’s request and at no additional charge to the City.
Large Venue Event Assistance, Event Recycling
WM is prepared to assist planners of large venue events with reporting and planning needs as may be
useful in meeting the requirements of AB 2176, found at California Public Resources Code 42648, et seq.
at no additional charge. WM will provide recycling and organics collection services upon request to
special event planners.
Confiscation of Unauthorized Containers
WM will confiscate illegal containers located within the City's public rights-of-ways, upon notification from
City, or if WM finds illegally placed containers based on the procedure provided in the franchise
agreement.
Provision of Storage Containers
WM will continue to provide the City with 11 40-cubic-yard portable storage containers to be used for
storage at City facilities and schools for the duration of the Agreement. Containers will be maintained in a
condition satisfactory to the City. WM may transfer ownership of these storage containers to the City,
provided WM will remove and dispose of these containers when requested to by the City.
Emergency Collection and Disposal Service
WM is prepared to assist Diamond Bar at the City's request with emergency collection and disposal
service in the event of major disaster, such as an earthquake, storm, riot, or civil disturbance, or as
otherwise determined necessary by the City, by providing collection equipment and drivers normally
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assigned to Diamond Bar. WM may charge the City for actual disposal costs plus service rates per the
approved rate schedule.
Emergency Collection Service
Whether necessary due to a natural disaster, extreme weather, or
other unforeseen events, WM is always prepared to provide
additional support to communities requiring urgent solid waste
collection assistance.
The WM Green Team is comprised of highly skilled drivers and
technicians who can be deployed at any time to support local
teams when crisis events occur. This group of professional
employees has experience working in a variety of situations,
including natural disasters and other situations where additional
resources are needed to support local operations. WM also has
identified qualified drivers, technicians, and other employees who can be called upon to augment Green
Team resources when needed.
During extreme weather or natural disasters, some communities are also faced with massive volumes of
debris. In such cases, excess supplies of collection equipment including spare vehicles and steel
containers can be quickly accessed, often within hours.
Environmental Coordinator
WM will hire and train a qualified Recycling and Sustainability
Manager that will support the City of Diamond Bar for the life of
the new contract. This manager will work with customers within
the City to focus on diversion rates, mandate compliance, and
public awareness and education. This valuable resource will be
well equipped to assist Diamond Bar to be fully compliant with the
state mandates.
In the event of a disaster in your
community, WM can work with
you to provide any storm debris
or other cleanup services that
fall outside of our contract
agreement in accordance with
FEMA and applicable contract
terms and conditions.
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Proposer shall describe the management systems and customer service systems its company uses to manage inquiries and complaints
received from residential and commercial customers. The description of the management systems and customer service systems may include:
Description of system capability and/or procedures to ensure timely accessibility of information by jurisdictions served.
Description of procedures used to satisfactorily respond to, record, and report common customer complaints such as: missed pick-
ups; spills and litter resulting from collection; collection schedule changes; broken or missing containers; improperly prepared
setouts; noise complaints; traffic and sidewalk obstruction during collection; and safety around collection vehicles during operations.
Description as to whether individual call centers are established for each of the proposer’s service areas or if customer calls are
handled by a centralized call center, and location of the proposed call center.
Description of how the customer service information interfaces with route data and billing data.
Description of how the company measures customer service about the call center’s responsiveness and accuracy of responses, as
well as the quality of collection service. Identify specific performance metrics or targets your company tracks.
Identify the website that its customers use to obtain customer rates and service information, diversion services and requirements,
and to submit inquiries or complaints. Provide website address.
Following are WM’s procedures and capabilities for timely accessibility by jurisdictions served.
Timely Accessibility
Our Customer Service Center is open Monday through Saturday during normal business hours. However,
our easy-to-use self-service channels - wm.com, My WM, Virtual Assistant chatbot and more - are
available to support customers’ needs, including service requests, 24 hours a day, seven days a week,
365 days a year. Below is a more detailed explanation of our Customer Service Offerings.
Customer System Capabilities, For Tomorrow®
We are excited to share that WM has recently invested in advanced customer service technologies,
including Interactive Voice Response (IVR), a contact back system, and live chat support, to keep pace
with our customer's changing needs and help shape the future of customer engagement and digital
customer service.
Here are a few reasons why these technologies provide a better, more cohesive digital customer
experience:
Interactive Voice Response (IVR): IVR systems reduce wait times while providing self-
service options that allow customers to resolve their most common requests - pay online,
schedule bulk pickup, get their container repaired or replaced – seamlessly and efficiently.
Contact Back System: Contact back systems eliminate the frustration of being on hold for
long periods of time and ensures that customers receive prompt, personalized assistance
from a customer service representative at their convenience.
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Live Chat Support: Live chat support removes the need for phone calls or emails by
allowing customers to instantly interact with our representatives to resolve their questions
quickly.
In addition to IVR, Contact Back and Live Chat, we are continually working to expand our
self-service capabilities. We understand the value of our customers' time, the importance of
promptly resolving their needs and providing exceptional customer service to today’s modern
customer.
WM’s Digital Customer Engagement
We aim to transform our customer digital engagement by providing a smoother, more seamless
customer journey and engaging more closely with our customers across all channels.
wm.com Offers seamless navigation and an intuitive way for customers to learn about
services and solutions in their community.
AI Chatbot Handles routine issues promptly and provides 24/7 customer service with
automated responses to the most frequently asked customer questions.
Knowledge Base
Help Center
Houses answers and videos to top customer requests about WM services as
well as support articles by topic – products/services, understanding your bill,
delays, and more.
Live Chat Allows customers to skip email exchanges or wait in line in the call queue. With
Live Chat, we can respond immediately to customer questions.
WM’s Social
Media Platforms
Meets customers where they are and allows us to answer questions quickly.
Customers can also stay updated about services and ways they can help
protect the environment.
Lisa (IVR)
System
Seamlessly routes customers to self-service options and connects them with
the right resources, links, or departments so we can limit call transfers and
reduce wait times. Our IVR System is also equipped with convenient callback
functionality, so customers never have to wait on hold during peak call hours.
Customers can simply choose to be called back and "hold their place in line"
while they continue with their day.
Call Center Personal, one-on-one customer assistance for questions or service issues.
My WM Offers simple and intuitive online account management for service requests,
holiday schedules, online bill pay, autopay, notification preferences and more.
We have added a new self-serve feature to My WM - bulk item pickup.
Scheduling a Bulk Pickup with My WM is easy:
1. Login: Log in to your My WM profile. Select Manage My Services.
2. Choose Materials: Review the service rules and list of unacceptable items.
Use the checklist provided to identify the materials you need to get rid of –
once an item is selected, specific instructions will be provided.
3. Pickup Date & Payment: Use the calendar to choose your pickup date and
add additional notes directly to your Driver. Review the costs (if applicable),
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approve the payment method (if a prepay is required), and confirm your
order.
My WM App Provides a personalized customer experience. With the My WM app, customers
can:
o Manage and use different payment methods with ease, including Apple
Pay
o Enroll in AutoPay and Paperless billing (if applicable)
o Get service day updates so they know when to expect pickup
o Request bulky item pickup, extra pickups, roll-off dumpsters, and more
o View or change their existing services and schedules.
My WM: On-demand Self-Service Solutions
This platform empowers our customers with the tools and
technologies for on-demand digital self-service solutions.
Residential Commercial Roll Off
WM.com: Mobile App:
Manage
Accounts
Conveniently manage all your accounts
with My WM.
Billing
AutoPay &
Paperless No more manual effort. Save time
and money with electronic billing
and
autopayment.
Pending
Charges View pending transactions before
they post to your
account. My
Billing Compare your past and current
charges, combine, and pay multiple invoices
or make stress-free partial payments
without having to
call.
Buy &
Adjust Service Adjust Service Start, stop,
or change your
service
anytime,
all online.
COMING SOON! Extra Pickup Avoid the
inconvenience of extra waste. Schedule an
extra pickup before
your next
service
day. Bulk Item Pickup Schedule a curbside
pickup of your large unwanted items that fits
your
schedule.
COMING SOON! Container Repair Arrange a
cart repair or replacement appointment that works
for you. COMING SOON! Docusign Envelope ID: 664FE19A-
Roll Off
Requests
View bin sizes, compare pricing, and book
your roll-off, exchange your current bin or
schedule a removal.
Service Details
View
ETA & Schedule Find your specific service day
and holiday schedule and get up-to-date
weather or other service
schedule changes.
View
Cart Contents View your cart contents from your
driver’s perspective to learn more about
what
you
toss.
COMING
SOON!
Contact Manage Contacts Easily and quickly change
your billing or
service
contact(
s).
Communicati on Preferences Manage your
contact preferences and choose your preferred
method
of contact. Feedback Provide service feedback
anytime to help us hone our
website, customer service training, self-service tools
and more to provide better
customer
experiences over time. A Dedicated, Local Website
for Local Services As part of our customer engagement and digital customer service, we created dynamic,
easy-to-navigate WM customer websites. These tailored-to-your-municipality websites provide a single
access point for service information and 24/7 self-serve customer service solutions. With a WM
customer
website, you can: Personalize your website: Your WM customer website is designed and
custom-built to showcase your community, services, solutions,
and special programs. Promote self-serve customer service solutions: Your WM customer website is the
first line of support, empowering customers to access information on demand, find answers on
their own - at their convenience - request services, and resolve issues with zero to
minimal waiting time. Provide helpful resources and service information: Your WM customer
website is the information hub for all information regarding services - from
collection schedules, including holidays or any special events such as holiday tree collection, to bulk
item collection information if applicable), to any service delays. The website can also inform of where to
place carts/bins and acceptable and
non-acceptable items. Help lead the way to a more sustainable community: Your WM customer
website links directly to WM's Recycle Right® recycling education program, providing your community
with access to recycling resources, making it even easier to recycle right
and reduce contamination. Docusign Envelope ID: 664FE19A-5E9C-
Description of procedures used to satisfactorily respond to, record, and report common customer complaints such as: missed pick-
ups; spills and litter resulting from collection; collection schedule changes; broken or missing containers; improperly prepared
setouts; noise complaints; traffic and sidewalk obstruction during collection; and safety around collection vehicles during operations.
Common Customer Complaint Resolutions
WM’s highly skilled and resilient Customer Service Representatives (CSRs) place customers at the center
of what they do every day. Their scrupulous training program allows them to take the right steps to
understand our customer's unique needs and make the best decisions to address and resolve issues on
first interactions.
If they are unable to assist a customer the CSR will follow escalation protocol, which includes creating a
communication case and directly contacting the local operations team in San Gabriel Hauling District to
quickly resolve the issue.
Customer contacts, including customer account changes, missed cans, damaged cans, customer
complaints, etc. are tracked through a ticket system. Each ticket is created in an open status and requires
closure upon completion of requested action and/or resolution. Local management and their teams are
responsible for providing requested service and/or issue resolution and to monitor the status of all tickets
for timely service completion.
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If an issue requires immediate attention and/or escalation, an email is also sent to the attention of
the local operations management team.
If a repeat issue occurs within two months, a ticket is also opened to alert the operations
management team that a recurring problem exists. Waste Management has developed a quality
control program that includes performance standards for ticket creation, closure, tracking, and
service recovery. Local management is responsible and accountable for these performance
standards.
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Sample Complaint Report
Following each year, Rehrig Pacific uses 60 million pounds of recycled post-consumer plastic that is
diverted from the waste stream.is a redacted sample complaint report. This is a typical customer
complaint format used by WM; however, we will be happy to work with the City of Diamond Bar to create
a report in a format agreeable to all parties.
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Description as to whether individual call centers are established for each of the proposer’s service areas or if customer calls are
handled by a centralized call center, and location of the proposed call center.
Following are our locations to serve Diamond Bar.
Call Center Locations
City of Diamond Bar customer calls will be answered by CSRs at our local customer service center
located in Commerce, CA.
Our customer service center, operated on the Pacific time zone, is open 7 a.m. to 5 p.m., Monday through
Friday, and 8 a.m. to noon on Saturdays. The center is closed only six days a year, which includes
Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day, and New Year’s Day.
WM’s phone system is equipped with convenient callback functionality, so customers never have to wait
on hold during peak call hours. Customers can simply choose to be called back rather than wait on hold
in the phone queue and "hold their place in line" while they continue with their day.
A Customer Service Representative will call back the customer once available.
In addition to this time-saving feature, WM offers robust online self-service capabilities through our
Interactive Voice Response (IVR) phone system and wm.com so customers can get immediate
assistance.
Local Customer Service Center
WM continues to maintain a full office at our San Gabriel Baldwin Park facility for convenient, local
access. Our Customer Service Center is open Monday through Friday during normal business hours - the
Center is closed on nationally observed holidays. However, our easy-to-use self-service channels -
WM.com, My WM, Virtual Assistant chatbot and more - are available to support customers’ needs 24
hours a day, seven days a week, 365 days a year.
Our San Gabriel Baldwin Park local management team maintains a close relationship with City staff from
various departments (Management, Public Works, Code Enforcement), any customer calls received are
sent directly to our local management team and resolved within hours.
Additionally, Diamond Bar can always count on reaching your Area Manager Lily Quiroa on his mobile
phone, (626) 825-3785, or PSS Area Manager Lily Quiroa, (951) 609-6341 and District Manager, Daniel
Hernandez (951) 453-5009 in the case of an emergency or any of the local team members whose work
and personal information will be made available to key City staff.
Description of how the customer service information interfaces with route data and billing data.
WM has invested heavily in technology over the last ten years so that we can provide excellent customer
service through integrated systems that allow our customer service connections with customers online or
offline provides real time information. Below we have outlined how our Onboard Comput er System
Dispatch and Billing systems inform our customer service interactions with customers.
Customer Response in Real Time
WM’s Onboard Computer System Dispatch (OCSD), is in-office software, described in more detail
below, connecting our customer service, dispatch and route management to each driver’s onboard
computer tablet. This facilitates route modifications in real-time to respond to any traffic conditions and
communications instantly appear on drivers’ tablets so that any potential for service disruption is
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eliminated. This enables our customer service representatives, dispatch and managers in our San Gabriel
Hauling District to electronically assign service tickets and communicate with drivers for immediate, Real
Time, customer issue resolution (e.g., blocked container, late set out, locked gates etc.).
Onboard Computing System Dispatch Streamlines Routing Communications
Our onboard computing system dispatch (OCSD) software application is the system that aggregates all
the data generated by our drivers via their onboard units (OBU). Vehicle information is transmitted in near
real time from the OBU device back to our OCSD application in our high-tech Centralized Dispatch
Center. It is used by our route managers, dispatch, and customer service teams to make routing
decisions and modifications in real time, answer customer questions, and develop new and modify
existing routes for efficiency based on historical data.
This system connects our dispatch operations, to our customer service center, to each truck, and even to
our customers. It is done seamlessly using technology that communicates directly with the truck’s
computer and driver and allows the dispatcher to see where our trucks are located and how they are
progressing on their route.
A phone call to the customer service center creates an electronic ticket sent to the dispatcher. The
dispatcher reads the ticket, researches the situation using data from driver tablets, and determines who
can best handle the issue. The dispatcher talks with the drivers and can “drag and drop” the electronic
ticket onto the driver’s tablet; push-to-talk technology gives the dispatcher quick direct access to each
driver.
Our operations specialists and dispatch teams work together to keep a watchful eye on multiple
residential, commercial, and roll off services and routes daily so that they can easily troubleshoot issues if
they arise. Every dispatcher or operation specialist can access the same information providing continuous
seamless coverage if someone is on a break, or during an all-hands situation like an emergency or
weather event.
The team’s collective goals are straightforward:
Drive customer service satisfaction
Streamline communications
Support operations
Increase efficiencies
Key functionalities include the ability to:
Instantly view driver location, status, and route progress
Drag and drop” electronic tickets
Share and access on-route photographs from tablets (i.e., photos of blocked containers, etc.)
Reallocate portions of routes or a single collection from one driver to another
This software allows route managers and dispatch staff to enhance overall efficiencies through:
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The combination of onboard technologies investments and computerized dispatch enables WM to
increase the effectiveness of our everyday operations and maximize our ability to quickly respond to
customer needs.
A Fully Integrated Billing System
At WM, everything we do is about creating an outstanding experience for our customers. That is why we
use the equipment and software that we do. The fully integrated capability of our system confirms that
customer information is correct, and the overall customer experience is exceptional. For WM, our billing
system is not just “back office” processing; it is the backbone of the customer’s experience.
WM utilizes Mid-America Systems (MAS) as our customer billing system. MAS software operates on an
IBM iSeries AS400 Platform, running i5/OS version 7.1. It can be accessed through a secure, internet
VPN-based connection 24 hours each day, 7 days a week.
WM’s Billing System Features and Benefits
Fully Integrated Billing. MAS integrates all billing, routing, and customer service information into one
operating system. WM’s invoice format is based on extensive research, customer feedback, and field
testing. Our invoices provide the opportunity to create custom billing inserts and messages that are
tailor-made for Diamond Bar. For online customers, we post electronic versions of the inserts to their
online invoice for a total “green” experience.
Reliability and Redundancy. We perform ongoing data quality assurance audits to confirm that all
information is accurate and up to date. Our billing system data, like all our critical systems, are
continuously backed up to reduce the risk of data loss.
Efficient Route Sequencing. Electronic route logs are generated from billing data every day to
confirm service accuracy. These electronic records are downloaded to the drivers’ tablets nightly. New
customers and customers with service level changes are placed at the top of the driver’s route screen
to highlight the change in the driver’s route. Each customer is assigned a unique account number that
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WM’s Billing System Features and Benefits
tracks detailed information, including contact information, size and quantity of containers, and service
history. Route information is viewable in MAS.
Accurate Service. MAS connects seamlessly with our receivables processing system. Customers
remit their payments to WM’s regional payment center. The payment is immediately processed so
customer service representatives can access a customer’s account online and promptly respond to
any billing questions.
24/7 Online Bill Pay Option. WM offers a safe, secure, convenient online bill paying system, allowing
customers to pay their bill online, 24 hours a day, 7 days a week.
An Easy-to-Understand Monthly Invoice
To present our customers with accurate billing information in an easy -to-read format, WM redesigned our
standard invoice template. Our new invoice remains fully compliant with governmental, contractual, and
local requirements while also incorporating customer feedback. The most common customer request
regarding our invoice was to make it easier to understand. To accomplish this, we simplified the invoice
format, provided clear steps for all payment options, and include an explanation of common charges if
applicable.
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Description of how the company measures customer service about the call center’s responsiveness and accuracy of responses, as
well as the quality of collection service. Identify specific performance metrics or targets your company tracks.
Following is a synopsis of how WM measures our customer service call centers as well as the quality of
collection services.
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Measuring Customer Service
Regardless of how customers reach out to WM, it is essential that customers receive accurate
information, immediate answers to their questions, and quick resolutions to their service requests. We
accomplish this through preparing and training our customer experience team to be experts in your
community and your contract.
Professional, Well-Trained Customer Service Representatives
Our six-week onboarding training program, continual learning, and training opportunities allow us to lead
the way in customer service and ensure that our CSRs are ready to support customers with
professionalism and a customer-centric focus.
Right Information at the Right Time
Knowledge, our online database that allows a WM customer service representatives (CSRs) to pull up
Residents-specific service information, service offerings, and rates within a matter of seconds.
Our Customer Experience Performance
WM utilizes key performance metrics and customer feedback to improve CSRs’ training, coaching, and
call quality to enhance our customers’ experience. This invaluable data provides actionable insights which
drive our decisions around the customer service journey.
Key Performance Metrics
Accountability through
Leader-led Monitoring
CSRs are monitored a minimum of four times per month. As part of that monitoring session,
employees are evaluated on 72 talking points and scored on a scale of one to four. Leader-led
monitoring sessions provide immediate feedback on call handling to foster an excellent
customer experience.
Customer Service
Scorecard
Each CSR receives a monthly evaluation of individual performance with actions and
opportunities to develop and improve. The Scorecard is balanced between quality, scheduled
adherence, efficiency, and sales. The Scorecard is composed of four qualifying sections:
o Quality Assurance
o Resource Management
o Efficiency
o Qualitative Professional Development
Average Speed of Answer
ASA)
We strive to answer customer calls as quickly and efficiently as possible. We monitor our
performance by evaluating all callers' average answer speed in seconds.
Live Chat Response Rate We strive to answer each live chat as quickly as possible. We monitor our performance by
evaluating our speed in responding to each incoming conversation.
Email Response Rate We strive to respond to all emails, even those received during non-operating hours, as quickly
as possible.
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Customer Experience Analytics: Voice of Our Customers Survey
WM measures customer service through the Voice of Our Customers program which invites more than
100,000 unique customers to fill out our Voice of Our Customers survey every month to understand
expectations, perceptions, and satisfaction points, and gain insight into areas for improvement. There is
no better way to measure customer service than by your customer’s feedback.
The survey initially focuses on core questions related to the customer’s overall
relationship with WM, then expands into targeted questions regarding the customer’s
service experience with our company. This survey provides WM with unprecedented
insights to develop proactive solutions to not only meet but exceed customer
expectations every day. Below are some comments made by residents in Diamond Bar.
Identify the website that its customers use to obtain customer rates and service information, diversion services and requirements,
and to submit inquiries or complaints. Provide website address.
Following is our customer website for Diamond Bar where you will be able to find city-specific service
information, helpful resources, and recycling education.
Customer Website
24/7 Answers for Diamon Bar Residents – Any Time, Any Place,
on Any Device
With over 60% of consumers preferring to conduct business online, providing solid waste information
through a simple, easy-to-use website is an essential communication tool.
Diamond Bar’s residents and commercial customers have access to a local WM website
home.wm.com/diamond-bar) that is both easy to navigate and functional. Working in collaboration with
your staff, we will continue to customize and update the website with meaningful service information,
photos and resources that reflect the interests of Diamond Bar.
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Using WM’s local website, your City’s residents and businesses will be able to easily and quickly find:
City-specific service information – an overview of all WM services available including waste,
recycling, yard waste, bulky items, and special collections, if applicable. This section also informs
of where to place bins, collection times, and acceptable items.
Helpful resources – including information concerning holiday schedules, seasonal cleanups , or
nearby drop-off sites. WM’s local website allows us to advise your City of special programs and
services available only for Diamond Bar. Upcoming events (such as Christmas tree collection)
can be promoted with a prominent banner ad located on the home page.
Recycling education – your City will have access to educational materials and resources
available through WM’s Recycle Right campaign. Whether looking for recycling posters or
activities, content is printer-friendly and ready to use.
WM’s local Diamond Bar website will also allow customers to take action through 24/7 self -service and
account management functionality. Customers can:
Initiate service or request additional services
Schedule an empty and return (roll off customers only)
View pickup schedule and collection ETA
Schedule an extra pickup or bulky item collection
Request cart or container repair
Sign up for autopay or make an online payment
Enroll in paperless billing
Edit account contact information
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As an added convenience, WM staff will share access to our web content for cross -promotion on your
website. Connecting directly to WM’s information will save Diamond Bar staff time and confirm your City
continuously receives accurate and consistent information.
Answering questions, finding service information, and utilizing local services should be easy. WM’s local
website will give your City the information and tools they need when they need them.
As an added convenience, WM staff will share access to our web content for cross -promotion on your
website. Connecting directly to WM’s information will save Diamond Bar staff time and confirm your City
continuously receives accurate and consistent information.
Answering questions, finding service information, and utilizing local services should be easy. WM’s local
website will give your City the information and tools they need when they need them.
WM Technology Working for You
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My WM Mobile App
Diamond Bar’s Businesses Can Manage Their Accounts Quickly and Securely
WM has launched the all-new My WM Mobile App, empowering
customers to enjoy a customizable experience throughout every stage of
their service journey. The mobile app introduces a modern design and a
variety of self-service capabilities that allow customers to conveniently
manage their accounts in one place. To guarantee security, the app was
built with the latest technology that enables facial recognition and
fingerprint login.
With the My WM Mobile App, commercial and industrial customers can:
View and manage service schedules and the ability to request
services.
Receive a heads-up on expected service dates.
Follow roll off hauling trucks in real time, allowing adequate time
to prepare for service.
Make easy payment options using ApplePay or AutoPay along
with Paperless Billing.
For a video tour of the new app, visit www.wm.com/us/en/my-wm-
mobile-app. The My WM Mobile App is available for either iOS (iTunes
App Store) or Android (Google Play).
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Provide an implementation schedule that demonstrates ability to implement the services in accordance with the service start date, including
meeting equipment, personnel, administration, maintenance, and public education requirements.
Below is a transition plan demonstrating WM’s ability to implement the services required within the RFP.
WM Represents a Stress- and Worry-Free Transition
As the incumbent service provider, WM can offer Diamond Bar residents, staff, and elected officials a
stress- and worry-free transition and implementation. We own our local facility and, along with our fleet of
vehicles, equipment, and trained, dependable staff. We are already set up to provide the City with the
high level of service its residents have come to know and expect, and the commercial sector will get to
experience.
Benefits of Selecting WM:
We are already the existing provider for residential collection, which means no “starting from
scratch” challenges to disrupt the lives of your residents .
Our years of serving the City gives our team in-depth knowledge and insight about the
community—We are already familiar with every street and every neighborhood. This means
transitioning to service the commercial sector will not be unfamiliar to our team.
We are already have the customer account data and systems in place for the majority of your
constituents to support a seamless transition.
We have a superior service and safety record in the region—a standard of performance that the
people in our service areas count on and deserve.
We are driven to get it right the first time every time- Achieving 99.9% accuracy for all services
provided to Diamond Bar residents in 2022. We look forward to providing the same stellar service
to the commercial sector.
You cannot fake commitment. The City of Diamond Bar can be assured that we will manage the
contract implementation with the same care and attention that we have given it since day one .
Don’t take our word for it - We have a proven record to have
successfully transitioned into the City of Chino Hills as the new
residential and commercial service provider in July 2022. Our
local team went above and beyond to execute the transition
plan with a successful outcome.
Transition Plan for Diamond Bar
In the section that follows, we have outlined our approach to
the most critical components of the new contract implementation, offering a seamless transition with
no service day changes or disruption to residents and businesses.
While a “transition” may be minimal for the residential sector, since WM already services this sector, we
want to make sure that residents are re-introduced to the new contract service offerings, and more
importantly reenforce the SB 1383 recycling mandates.
Chino Hills – A Successful City Transition
20,000 Residential Customers
300 Commercial Customers
66,897 Carts Exchanged
796 Commercial Containers Exchanged
98% SB 1383 Compliance
100% Heart and Commitment
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Successful transitions for WM mean that we take a multi-step collaborative approach in both the
preparation and execution of the transition, involving City staff, the hauler transitioning out and our
customers. Consistency is key and at each step we will hold regularly scheduled meetings and
information sharing.
The “Welcome to WM” approach five steps: 1. Preparation and Planning, 2. Connecting with Customers,
3. New Services Rollout, 4. Service Delivery Optimization (SDO) and 5. Transition Completion.
STEP 1: Preparations and Planning
Up to 12 Months Before Service Start
A seamless transition starts with thorough preparation and planning. Immediately following the award of
the franchise, WM’s local management team, Lily Quiroa, PSS Area Manager, Josh Goldman, PSS
Manager, and Daniel Hernandez, District Manager, will begin meeting with City staff to review all aspects
of the transition, including the timeline, outreach and education plan, and collateral materials as well as
container orders, deliveries, and removals.
Container Delivery Planning
To prepare for the delivery of new containers and coordinate the removal of old containers, WM will
prepare an updated listing of service levels by account or City facility immediately upon award to account
for all current container needs. Once received, WM will begin the transition coordination process to
ensure no customer or location goes without service or containers. WM will use the data provided in
updating its new container orders and then use Site Assessment process in Step 3 to make visual
confirmation of the existing service levels.
STEP 2: Connecting with Customers: Pre-Outreach and Education
Up to 6 Months Before Service Start
As the incumbent provider, WM already has great working relationships with residents, and community
groups. Under this proposal, WM would host three “Welcome” community workshops to launch our
engagement efforts. City Liaison Josh Goldman, Recycling Representative Don Taylor-Stewart and new
Environmental Coordinator will use these events to meet with residents, and community groups to provide
workshops on new contract service offerings and recycling best practices.
Commercial Sector - For the commercial sector since it will be new to WM, we plan to host two dedicated
workshops only for commercial businesses. At these workshops, we will review new contract service
offerings and recycling best practices. Because we understand that our business community may not find
time to attend these meetings, in addition to these workshops, WM plans to conduct in-person Site
Assessments to verify existing levels of service, conduct a preliminary waste audit to identify service
challenges and recycling/food rescue opportunities (if applicable) and update the container delivery plan
accordingly.
WM has a team of about 50 fully trained Recycling Representatives that may be used to
facilitate this “boots in the ground” Site Assessment.
Outreach and Education Collateral
To support our outreach and education programs in Diamond Bar, WM will utilize its internal marketing
and communication team to create customized collateral to meet contractual obligations and present
service information in a clear, engaging formats for all customer types. Beginning six months prior to the
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start of new services, City Liaison Josh Goldman, will coordinate with City staff and WM’s marketin g team
to develop all necessary customer collateral to support the transition.
Local Website
As Diamond Bar’s existing provider, WM has already established local websites for residents
home.wm.com/diamond-bar) within its wm.com website. We will just need to add a business sector to the
existing one. These sites shall serve as a centralized resource for service implementation information and
recycling resources. Once the transition is underway and pre -outreach launches, customers will be able
to review service offerings, live chat with customer service representatives, request services via self -
service options, and check and modify current service offerings.
Community Events, Workshops and Partnerships
To engage the community and provide immediate responses to questions
and comments, WM proposes to host community events and workshops,
live or virtually. Throughout the contract’s life, WM offers to host
educational booths through the various City community events. Following
are some organizations that WM is very involved in locally:
Diamond Bar Community Foundation.
Friends of the Diamond Bar Library
Walnut-Diamond Bar Sheriff’s Booster Club –
Your contract liaison, Josh Goldman will be
joining the board later this year)
Coordinate meetings with existing groups like
HOAs, Sr. Centers, library events. Additionally, WM will continue to its leverage its
partnership with Diamond Bar Chamber of Commerce, and other community
groups to utilize their events and communications channels to connect with residents and businesses
regarding the transition.
STEP 3: New Services Rollout
Up to 90 Days Before Service Start
The service rollout is twofold: Addressing the scope of service changes with residential, multifamily, and
business customers and City facility locations.
Welcome Guide (Annual Notice)
With customers continuing to be serviced by WM, we would distribute a Welcome Guide that includes
their updated services and amenities, container options, rate structure, and collection schedule.
Residential customers will also be advised that if they would like to change their current level of service
cart size, numbers of carts needed) they will be given a deadline when to communicate their desired
service level change.
Commercial and multifamily customers will also receive a “Welcome Guide” to introduce WM services and
amenities, container options, and rate structure. A note will be added that Recycling Representatives are
available to provide recycling training and conduct in-person site visits to address any questions and/or
concerns.
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Commercial, Multifamily, and City Facility Site Assessments
Site assessments are a critical component to ensure a seamless transition. At this mid-point, WM’s
Recycling Representatives and City Liaison Josh Goldman will meet with City staff to provide an update
on the site assessments, review any issues encountered in the field. The goal at this point, is to ensure
that by the time container delivery is scheduled, the team has a plan in place to have commercial and
multifamily accounts meeting recycling requirements and City will be SB 1383 compliant by the start of
the contract.
Container Delivery
Residential Container Delivery
With extensive transition experience, WM knows how to deploy the right number of resources to deliver
and remove containers. We will prepare a container delivery and removal schedule for approval by the
City. Once the plan is approved, an interactive map will be created and uploaded on the local WM -
Diamond Bar website, where a customer can input their address and the map will show the date their cart
will be exchanged. The container delivery schedule shall also be mailed or emailed to customers as a
part of our initial annual notice. Additionally, the schedule shall be shared via social media, the City
website, to ensure all customers have visibility of the timeline. Residential customers shall have their carts
delivered on their service day to allow for existing carts to be serviced and removed.
Based on our most recent experience, we highly recommend that the residential community cart
exchange is conducted in multiple phases to minimize service disruption and confusion with residents.
Commercial and City Facility Container Delivery
For commercial and multifamily customers, WM will work closely with the outgoing hauler to coordinate
that the delivery of the container occurs same day as the removal to avoid service disruption. Commercial
container transitions are planned to begin at least thirty (30) days before the start of the contract,
September 2025. WM would use a similar approach to validate and transition carts, bins, and roll -off
containers at City facilities.
STEP 4: Implementation & Service Delivery Optimization (SDO) – Within the First 90 Days After
Service Start
Service Delivery Optimization (SDO) is focused on adjusting routing, service levels, container sizes and
quantities to meet customer needs.
Beginning September 1, 2025, WM would begin to provide the new contract services to residential,
multifamily, and commercial customers as well as City facilities. During the first 90 days, Route managers
and Recycling Representatives will spend the majority of the day in the field personally addressing
customer concerns. WM will also hold daily check-ins with assigned City staff.
For the first two weeks of the start of the new contract, WM will have a dedicated “Implementation Team”
that will compose route management. Staff will be brought in from surrounding districts to provide in-field
support, specifically to conduct site audits to ensure that routes are being completed. This provides ample
time, specifically for commercial drivers, to become familiar with the new commercial routes.
STEP 5: Transition Completion: Assessment & Next Steps
After the First 90 Days After Service Start
Ongoing Service Delivery Management
Following the first 90 days of service, WM will move from service implementation to ongoing management
and maintenance.
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For commercial and multifamily customers beginning service after September 1, 2025, or who did not
participate in a waste assessment, the Recycling Representatives, will continue to conduct site visits and
waste audits, engaging with customers, right-sizing service levels and identifying opportunity for greater
diversion and contamination reduction.
Assessment, Transition Report and Next Steps
Following the conclusion of the transition, City Liaison Josh Goldman will meet with City staff to review
and assess the transition process. At the City’s discretion, WM can prepare a report and presentation
covering the results of the transition, including final customer counts, containers delivered, assessments
completed, diversion improvement opportunities identified and provide a preview of the new diversion
programs to be rolled out throughout the first year of service.
Key Implementation Tasks and Timeline
This Implementation Plan will be revised with more specific dates once we meet and review with City
staff.
Tasks Start Date
Notice of award January 2024
Development of Transition Checklist Immediately Upon Award
WM Transition Team- Begins project management calls/meetings to confirm
milestones
Q2/Q3 2024- Kick off discussion with
Implementation tasks and schedule
Transition Meeting with City Staff Q4 2024- Kick off discussion with City and
confirm Implementation tasks and schedule
Start City Staff Implementation Meetings January 2025
Start Transition Team Bi-weekly project management meetings January 2025
Start Transition Team weekly project management meetings May 2025
Carts and Containers
Development and Residents-approval of all cart/container graphics/labels Q2 2024
Procurement of cart inventory Q3 2024
Finalize Cart Delivery Plan with City - removal, assembly, delivery, staging, and
schedule
Q2 2025
Create Interactive Map of Container Deliver for Customers to access on our
website and city’s
May 2025
Conduct cart and container transition for commercial customers July-August 2025
Residential approved staging for Carts, delivery (this will be done in phases to
minimize residential service disruptions)
June-August 2025
Trucks
Get Diamond Bar designated collection vehicles ready to service City Q1 2025
Develop and seek approval of contract-specific truck signage Q1 2025
Conduct pre-implementation vehicle and onboard computer testing Q2 2025
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Tasks Start Date
Facilities
Ensure all disposal & processing facilities are ready for new contract
responsibilities
Q2 2025
Routing
Develop routes using existing routes where possible (Commercial) Q2 2025
Finalize routing plan. Review with City staff July 2025
Route field-testing (prior to go-live) August 2025
Creation of final route maps August 2025
Staffing
Conduct driver recruitment, interviews, and screening Q1/Q2 2025
Conduct classroom-based driver training and onboarding Q2 2025
Conduct field-based driver training Q2 2025
Recruitment and training of Sustainability Representatives Q1 2025
Data and Billing
Coordinate and conduct data transfers with outgoing service provider Q1 2025
Coordinate and conduct data transfers with outgoing service provider- provide
updated list of any closed/new accounts
June 2025
Audit and verify data accuracy, upload to MAS, and assign WM account
numbers, and if applicable link each account to its respective Residents-
account number
June 2025
Request and established codes for all services May 2025
Develop comprehensive contract compliance checklist for contract
implementation
May 2025
Establish reporting process and template in accordance with contract
specifications
May 2025
Review all updates to wm.com and Residents website for accuracy and
compliance with contract terms and maximize cross-promotion
August 2025
Customer Service
Update Knowledge to reflect new services August 2025
Review and approve Knowledge with all key departments August 2025
Upload all transition public education materials to Knowledge for CSRs’
reference
August 2025
Develop detailed new contract curriculum May 2025
Management conducts pre-implementation training July/August 2025
Management conducts small group CSR training with emphasis on new
contract terms and new services
July/August 2025
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Tasks Start Date
New Knowledge content goes live September 2025
Communication with Diamond Bar
Present implementation plan, programs, services, and timeline to City Staff Q12025
Design and obtain approval of all communication material outlined in
proposal/Agreement
Q2 2025
Communication with Residents and Commercial Customers
Continually update wm.com with key service info July- ongoing through life of contract
Conduct commercial/multifamily site visits, offer services to get Commercial
Customer meet compliance mandates
Q2 2025- on going through life of contract
Develop Non-Compliance Notice to mail to Commercial Customers Q3 2025
Service Recipient Personnel/Tenant Outreach and Training Q3 2025- on going through life of contract
Develop Comprehensive Service Guides/Welcome Packets – all customers-
includes development of SB 1383 material
Q1 2025
Distribute customer “Comprehensive Welcome Packet” with new carts Same schedule as cart and bin delivery
described above
Create WM local website for City of Diamond Bar customers Q2 2025
UpdateWM-Diamond Bar webpage with new Welcome Packet materials, new
service information, and transition announcements, including interactive map
May 2025
Ensure all customer self-service features (wm.com, Digitization, etc.) are lined
up to shift to new contract on September 1,2025
August 2025
Conduct Residential (minimum 3) and Commercial Workshops (minimum 2 in
addition to site visits) meetings to distribute educational materials and allow
community an opportunity to ask questions
Q2/Q3 2025
Until City staff comfortable transition is
successful
Pitch press releases with new contract start date, new programs, and other
important transition information
August 2025
Highlights of Key Tasks to Support a Seamless Transition:
Implementation Meetings, Coordination, and Course Correction
WM’s transition team will meet weekly throughout planning and implementation. At the onset, these
meetings will include our regional team of experts. As the contract start date approaches, the local district
operations team will meet daily to review the most critical components of service delivery. Our team is
committed to keeping Diamond Bar informed of our implementation progress, and we will ask for your
feedback as we customize our transition efforts to reflect the needs of your community. For example, if a
proposed communication or outreach method is not working or does not make sense, we are not afraid to
scratch the idea and discuss an alternative. From the onset of our transition, we propose meeting with
Diamond Bar staff regularly to review key implementation milestones, our progress, and any proposed
changes. We can start with monthly meetings initially, and increase the frequency, if needed. In addition
to our internal meetings and meetings with staff, it is important for us to coordinate closely with your
outgoing service provider. From our experience, the outgoing service provider has been cooperative and
helpful during contract transitions, and we often make their exit easier and more efficient. We will
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coordinate with them on the removal of their carts and containers and commercial customer data
exchanges.
Driver Screening, Hiring, and Training
As the current service provider, we already have the majority of our drivers in place, and already familiar
with your City. Any new driver hired to support the commercial sector will go through WM’s onboarding
and training. Qualified driver applicants must undergo a comprehensive background check, fingerprinting,
and drug testing before joining our team. At WM, new drivers participate in more than 80 hours of
classroom and in-field new hire training – regardless of prior, relevant experience. Prior to a new contract,
all drivers assigned to Diamond Bar will receive contract-specific training that includes a review of our
implementation education efforts, materials, and resources, as well as information regarding Diamond
Bar’s unique service requirements, collection offerings, and contractual requirements.
Route Development
Again, Diamond Bar’s residential routes are already in place. Commercial routing will take into account
current routing to minimize changes. All WM routes are developed using our proprietary routing software,
eRouteLogistics®, to minimize customer impact and maximize safety and efficiency. New routes will be
street-tested and adjusted by our route managers prior to finalization.
Contingency Planning
Our longstanding supplier relationships, smart technologies, and our regional network of equipment and
personnel make it possible to carry on with collections should a delay or unexpected event occur during a
new contract implementation. Key contingency plans address:
Staffing. Additional route management staff will be brought in from surrounding districts to
provide in-field support during our implementation period. New drivers hired to serve Diamond
Bar will have completed their six-week training at least two weeks prior to our start date. Our
staffing plan includes personnel to fill in for employees who are sick, on vacation, in training, or to
provide extra help due to spikes in collection volume.
Collection Vehicles. Diamond Bar collection vehicles will be inspected and prepared for service.
Each of our districts across the nation maintains a spare ratio of 15%, allowing us to draw from
our existing fleet of backup collection vehicles if needed.
Cart and Containers. We build in a 30-day buffer between when equipment begins to arrive and
when we start customer deliveries. Our selected suppliers have multiple manufacturing locations,
and our order can be reassigned to a backup facility should the primary production facility
experience a delay. Additionally, we will stock a surplus of carts and containers during the
implementation period to accommodate a spike in new customer sign-ups or service level shifts.
Customer Service. Our online customer database, Knowledge, is accessible to our CSRs across
the nation, enabling us to enlist backup support from other regional centers in the event we
receive a major spike in call volume for any reason, at any time.
Cart and Container Deliveries
Diamond Bar residential and/or commercial customer will receive a cart or container prior to their first
scheduled collection day under the new contract. Cart deliveries may be spread out over the course of 30
days. Three (3) months before the start of the contract, we will educate customers on the benefits of cart -
based collection, available cart sizes, and key cart delivery dates. Information will be communicated at
community meetings and through direct mail, out-dials, local media, and social media outlets. At this time,
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customers will also be notified of the final date they may request a change to their cart size and their
options for disposing of existing carts, bins, or cans.
Similarly, commercial customers will also receive outreach regarding the delivery of carts and containers
as applicable, when to expect them and how to modify service levels.
WM will be using our vendor FleetGenius Services, a proud partner
of WM for over 15 years. FleetGenius has 25 years of experience
and transitioned most of the cities in Southern CA to new automated
containers, and many across the entire country.
FleetGenius will support the local WM operations team by delivering
the containers to Diamond Bar residents and commercial customers.
FleetGenius Services is an industry leader through its use of
propriety software to digitally capture notes, photographs, and
geocoding for all cart deliveries. Our goal is to eliminate any opportunity for customer disruption and
achieve a seamless transition.
Working with FleetGenius, we will take the following steps to make sure the proper cart(s) and bins(s) are
delivered to each customer:
Acquire conveniently located cart delivery staging area(s) to maximize our ability to deliver all
carts and bins.
o We will work with City staff to ensure that the staging areas as pre-approved.
We will produce an easy-to-read interactive map for residents to confirm their scheduled delivery
timeframe.
Any discrepancies in planned versus actual delivery will be noted by the delivery crew and
resolved daily by route management.
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Proposer shall provide an AB 341, AB 1826, and SB 1383 implementation plan detailing planned tasks, procedures, and schedule to ensure
the City’s compliance with AB 341, AB 1826, and SB 1383.
The plan should address the following requirements.
A description of proposer’s public education and outreach plans that comply with all CalRecycle requirements for Outreach and Education,
Monitoring and Reporting, and Performance Standards and other applicable regulations.
The plan shall include, at a minimum, the following components:
Timeline
Description of all proposed activities
Description of all proposed printed materials and electronic content
Examples of materials and content the proposer has developed for other jurisdictions (proposer may include materials as an
attachment or provide images of the material within the proposal text).
Description of labels to be attached to containers that clearly indicate the accepted and prohibitive materials to be placed in
containers. Labels shall comply with CalRecycle guidelines for labeling/signage.
Proposed continued outreach efforts to increase participation in recycling and organics programs, including use of direct mail,
community workshops, development of how-to videos, dedicated website, community events, school outreach, etc.
Proposed contamination monitoring procedures including performing route reviews and or waste evaluations.
WM is fully prepared to assist the City of Diamond Bar in meeting the State of California Senate Bill 1383
SB 1383) requirements. SB 1383 introduces significant changes to commercial, multifamily, and
residential solid waste collection services. At WM, our subject matter experts researched these new
requirements early on to best position our services to offer our residential and commercial customers
efficient, innovative, and solution-driven SB 1383-compliant programs. We created a comprehensive plan
detailing planned tasks, procedures, and schedule to help you meet jurisdictional responsibilities, assist
with capacity planning, drive, diversion goals, and provide the support desired to comply with SB 1383, as
well as AB 341 and AB 1826.
Timeline
A representative timeline is provided on pages 99-103.
Description of all proposed activities
Description of all proposed printed materials and electronic content
Examples of materials and content the proposer has developed for other jurisdictions (proposer may include materials as an
attachment or provide images of the material within the proposal text).
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Targeted and Multifaceted Implementation and Monitoring Plan
WM wholly intends to help the City of Diamond Bar achieve full compliance
with AB 341, AB 1826, and SB 1383 including all requirements as per the Draft
Franchise Agreement throughout the life of the Contract.
SB 1383 is changing the way we manage solid waste and recycling, and WM recognizes that a targeted
and multifaceted Implementation and Monitoring Plan is required to ensure a robust and sustainable
recycling, organics, and overall diversion program in the City of Diamond Bar. Our plan focuses on three
key areas:
Targeted Education & Outreach for All Sectors
Integrated Route Audit and Contamination Monitoring Program to Drive Behavior Change
Holistic Data Monitoring and Reporting to Monitor Progress and Drive Continuous Improvement
Additionally, our plan is supported by our dedicated SB 1383 Regulatory Team, who provides an
additional level of support to the City of Diamond Bar during their implementation journey. SB 1383 has
drastically changed the industry in California. Because of the complexity of the new requirements and the
importance of achieving compliance, we put together a dedicated SB 1383 Regulatory team to help guide
us through the process. This team has worked directly with CalRecycle as well as with dozens of
jurisdictions throughout the State of California helping to simplify SB 1383 implementation. They
specialize in policy, regulatory compliance, SB 1383 program development and reporting. They will
monitor SB 1383 requirements, overall compliance trends and changes directed by Cal Recycle and will
meet regularly with the City of Diamond Bar team to review progress and advise on emerging issues and
challenges.
Meet the Team! Your local Diamond Bar team is backed by our dedicated SB 1383 Regulatory
Team to help Diamond Bar every step of the way.
Alex Oseguera, Director, Government Affairs
With more than 30 years of extensive experience in the environmental services industry
and in public policy, Alex helps define WM’s statewide strategy for SB 1383 compliance.
Brian Bowen, Senior Regulatory Manager
Brian has over 40 years of experience providing data-driven solutions to the industry’s
complex operations and environmental issues and working with the regulatory community.
Stephen Moreno, SB 1383 Consultant
Steven is a process, analysis, and program management veteran focusing on the
regulatory compliance and reporting requirements of SB 1383 for jurisdictions and WM
operations.
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Katy Wong, Marketing Project Manager
With nearly 15 years of experience in the public education and outreach realm, Katy
supports WM’s integrated SB 1838 Dashboard, coordinates internal training and facilitates
new tools, processes, and resources to help WM Reps and customers comply with SB 1383.
WM is electing the standard basis as opposed to the performance-based method to comply with SB 1383. After
implementing our recycling compliance plan and allowing a few years to monitor results, WM can work with City to
decide whether switching to performance-based method makes sense for the City and overall compliance goals.
Targeted Education and Outreach for All Sectors
SB 1383 requires jurisdictions to provide organic waste recycling to all residents and businesses.
Organics recycling is new to many businesses and residents, and recycling education and contamination
minimization continues to be a focus, so it is essential that WM provides a comprehensive, ongoing
education and outreach program to raise awareness and drive the right behavior. WM is excited to
continue working with the City of Diamond Bar to implement a data-based, community-focused outreach
and education campaign designed for your community over the entire term of the contract.
A comprehensive education and outreach campaign is required early on to attain the desired recycling
behavior and knowledge base among Diamond Bar residents and businesses. Today, people rely on
various forms of communication to get the most up-to-date information. That is why we have many
different methods of connecting with our customers which all share a common goal - to provide clear,
concise, and relevant service and educational information.
The following pages will discuss in detail our AB 341, AB 1826, and SB 1383 outreach plan and timeline,
which is designed to ensure continued compliance for the City. This plan will build on our Transition Plan
and go into further description of the ongoing education outreach efforts and processes that will occur
throughout the course of the Agreement. WM will work cooperatively with the City to monitor the
effectiveness of existing public education and outreach programs and identify and develop new outreach
as necessary to meet diversion targets.
Following is our Diamond Bar flyer discussing Residential Organics Recycling .
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Outreach Plan and Timeline
Program Details
RESIDENTIAL, MULTIFAMILY, and COMMERCIAL
Dedicated
Representative
Exclusive to Diamond
Bar
Available from Day One)
WM will hire a dedicated TBD Recycling and Sustainability Manager (RSM) that will join the existing Diamond Bar
WM team to assist and carry out education and outreach for residential, multifamily, and commercial customers. The
TBD Recycling and Sustainability Manager will also assist with City facility compliance, as well as assist with public
events and community workshops.
Comprehensive Service
Guide and Welcome
Packet
Annually mailed to
customers)
WM’s Welcome Packet, or Comprehensive Service Guide, will be available in print and electronic form for each
customer type and will include WM’s collection procedure summary and services. This includes but is not limited to
how-to’s for container collection, information on the service program, like the large item collection program, At Your
Door Program (household hazardous waste curbside collection program), Sharps Mail Back Program, holiday
collection schedules, recycling/composting guidelines, waste prevention tips, and Customer Service contact
information. In addition, these packets will include information on pertinent laws to the customer type such as AB
341, AB 1826, AB 827, and SB 1383.
In addition to mailing out to customers, the Comprehensive Guideline will be located on the WM local Diamond Bar
website throughout the life of the Contract.
Community Workshops
Bi-annual)
The WM TBD Recycling and Sustainability Manager will host community workshops to discuss recycling programs
and services and offer an opportunity for customers to have an in-person Q&A. These workshops will cover State
mandates, recycling programs, and key WM services and information.
The workshops will be as many as needed through the start of the contract. We commit to bi-annual meetings
throughout the life of the Contract to continue to support recycling efforts.
In addition to City workshops, we will look for opportunities to work with the following groups to re-enforce recycling
practices and programs.
Chamber, Civic Group Presentations WM will reach out to the local Chamber of Commerce and service organizations
to work with these organizations to complete presentations to the business community about available services and
programs, education around state mandates (AB 341, AB1826, SB 1383) as well as the benefits of recycling
services.
HOAs/Property Manager Meetings: Rosemead’s Recycling and Sustainability Manager will attend HOA meetings and
tenant meetings to provide recycling presentations.
Educational Institutions: WM will coordinate efforts with School Districts to ensure that parents and students have
access to service guides and recycling program information. WM will also offer to attend recycling focused
assemblies and participate at school events where our team can host an education booth.
Educational Fliers
Quarterly distribution)
Easily Accessible Online
WM currently has multiple recycling fliers, food waste recycling fliers, and informational fliers that address current
State mandates. To further add to our library of resources, WM will create new and updated educational flyers, which
will include SB 1383. These flyers will provide meaningful information, graphics, and details on how to participate and
comply with State mandates and recycling programs. It will include information about edible food recovery and
donation.
These flyers will be distributed quarterly electronically or mailed to customers and will also be available on the
Diamond Bar’s WM dedicated website for each customer type throughout the life of the Contract. All written
communication material will be in English, Spanish, Korean and Mandarin
Pro How-to Videos
Ongoing)
WM will produce how-to videos to educate customers on how to recycle right and participate in the organics recycling
program.
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Program Details
RESIDENTIAL, MULTIFAMILY, and COMMERCIAL
We are projecting to have these videos ready to circulate by start of contract and create various videos to address
relevant topics to support good recycling habits through the life of the Contract.
Right Size Containers/
Commercial bins
Our WM Smart Truck® Program can monitor every stop and the entire contents of each container day in and day out
not just what is visible on top, only once a year as required by the regulations. By auditing daily, and providing
targeted customer education, we can help keep waste streams clean and ensure customers have the right level of
service.
WM TBD Recycling and Sustainability Manager can work with these customers individually to ensure that they have
the proper service level to minimize contamination and increase recycling efforts, as well as train staff to manage the
waste accordingly to minimize these issues.
Multifamily Outreach- We will work closely with HOA’s, Property Management representatives to outreach directly to
tenants through meetings, use of the property’s communication channels like newsletters, email system to ensure
that proper recycling communication gets to tenants.
SB 1383 Route
Audits/Cart Monitoring
Ongoing)
With WM’s Smart TruckSM Program, compliance with route monitoring requirements is made easy. Our program has
been confirmed with CalRecycle to comply with SB 1383 requirements by auditing containers for contamination and
providing personalized, educational feedback to residents. It also provides the information and insights needed for
simple reporting to CalRecycle and the continuous refinement of your community’s successful diversion strategy.
Route review plans will be created and approved by the City annually.
Data collected will allow opportunities to identify sections of the City that may require additional education and
outreach to the specified routes. A specific outreach plan can be created to address these areas of concern to
improve recycling efforts.
Container Monitoring Notices:
Customers will be notified if the cart is identified as contaminated, overfilled, or containing unacceptable waste. The
program highlights multiple educational opportunities before right sizing the level of services and/or contamination
fees are incurred.
Correspondence to customer will contain the following information:
A listing of reasons why materials were left or will be left in the future.
A listing of materials that are acceptable.
A listing of materials that are not acceptable.
Customer Service contact information.
Explanation next steps if contamination continues.
Multiple Notices: Recycling and Sustainability Manager will contact customer to provide technical system to prevent
incidents.
Waste Evaluation
Studies
As needed)
WM is offering the City of Diamond Bar waste evaluations for their residential and commercial waste streams. This
will ensure we continuously track diversion progress and monitor contamination levels throughout the City.
Reports
Ongoing) WM will submit the monthly, quarterly, and annual reports as required in the Franchise Agreement and CalRecycle.
In addition, we will make ourselves available to assist with any additional information required by CalRecycle.
Website and Social
Media
WM uses digital and social media platforms to inform customers about our services, recycling and food waste
recycling programs, and community events. As mentioned, WM will continue to support and update the WM Diamond
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Program Details
RESIDENTIAL, MULTIFAMILY, and COMMERCIAL
Ongoing) Bar website which will have the most up-to-date information on services, events, and programs. The website will offer
customers the ability to add new services or request changes to existing services, manage billing, interact with a
CSR via live chat or email. Additionally, the website will contain a plethora of information about AB 939, AB 341, AB
1826, and SB 1383, as well as our program services and tips for recycling right. WM will work with City staff and our
Southern California Communications Team to manage our social media posts and website updates.
Event Education
WM’s Diamond Bar dedicated local team will host recycling and food waste recycling informational booth at)
community events each year.
The Sustainability Compliance Representatives will provide educational materials to those who attend.
Program Details
MULTIFAMILY and COMMERCIAL- Further Compliance Efforts
Notices of non-
compliance Quarterly
Quarterly)
WM will send multifamily and commercial accounts notices on a quarterly bases advising them that they need to be
in compliance with state recycling mandates. Notices will have information regarding the recycling mandates, contact
information of Sustainability Compliance Representative for a free waste audit assistance to get in compliance.
Annual Site Visits
Waste Audits
Assistance with Waivers
Quarterly)
Accounts that are in compliance with SB 1383, the focus will transition to proper recycling education, ensuring that
customers have recycling information and, training material for employees to ensure proper recycling is taking place.
Accounts that are non-compliant: Focus will be to work with customers to get them in compliance with recycling
mandates. WM will conduct waste audits to develop a proposed recycling program to get customers in compliance.
We will also provide training and education material for a successful recycling program.
Assistance with Waivers: If customers provide information that they have established a third party program or are
self-hauling, WM will assist the City to gather documentation of these internal programs, including edible food
donations.
Program Details
COMMERCIAL SECTOR
Edible Food Recovery
and Donation
Ongoing)
As part of SB 1383 requirements, jurisdictions are required to educate constituents about food recovery to help
achieve the State-wide goal of 20% edible food recovery. To assist the City in this feat, WM will create customized
educational materials that highlight how and where the Diamond Bar community can participate in edible food
recovery and donation.
WM TBD Recycling and Sustainability Manager can serve as liaison between the commercial customers and
identified food recovery organizations to support a successful food recovery program in Diamond Bar.
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Program Details
COMMERCIAL SECTOR
Industrial Sector
Ongoing)
Construction & Demolition Waste. All New Construction Accounts have access to our Builders Direct Program. This
program is tailored to meet the needs of all contractors offering DART Reporting (diversion reporting). A
representative will be able to provide guidance to the contractor to ensure material is being diverted.
Source-Separated Collection WM will provide multiple containers on large job sites to enable developer/contractors
to source-separate materials. Job sites with limited space might also source-separate material using containers
phased to match the construction progress, i.e., rock, inerts, concrete & wood for demolition and flatwork phases,
wood for framing phases, plastics & metals for plumbing, electrical & ducting phases, drywall for wall phases, carpet
remnants, cardboard for HVAC, appliance, and finish phases.
Mixed C&D Processing WM will provide containers for mixed construction and demolition roll-off processing.
Support City Facilities
Ongoing)
Audit City Facilities: At the start of the contract, WM’s Recycling and Sustainability Manager will work with
appropriate City staff to understand each facility waste collection needs- ensure that all facilities are set up for
recycling and organic diversion.
Training Staff: WM will offer training to City staff that are primarily responsible handling city’s waste, including
contracted janitorial service.
Training Code Enforcement Staff and Staff interacts with Business Community: WM will work with these
departments to ensure that staff is aware of the service programs, State recycling mandates so this can be
communicated to residents and the business community.
Education Material: Recycling Education Visuals will be provided to all facilities to help City staff recycle properly.
Incentive Programs
Ongoing)
Residential Recycling Rewards Program Annually in celebration of America Recycles Day - WM will work with city
staff to recognize a residential customer at a council meeting for being a model citizen by Recycling Right. WM will
provide a gift along with a Recycling All Star Certificate
Commercial Recycling Rewards Program Annually in celebration of America Recycles Day - WM will work with city
staff to recognize a commercial customer at a council meeting for being a model business owner by Recycling
Right. WM will provide a gift basket along with a Recycling All Star Certificate
Food Recovery Program WM will work to coordinate an incentive program to recognize commercial customers who
select to work with local food recovery organizations.
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Program Details
COMMERCIAL SECTOR
Additional WM Education
Tools
Ongoing)
Residential & Commercial Invoice Inserts Bill inserts provide a simple and effective method to educate residents and
commercial customers about service changes, recycling and sustainability programs, and/or other important
information.
Marketing Resources WM will distribute video and images (social media education posts) geared towards residential
and commercial customers to inform regarding special programs, recycling initiatives such as AB341. AB1826 and
SB 1383 for city staff to incorporate in its traditional and social media platforms.
Social Media WM will use its presence on social media (Facebook, Twitter, and Instagram) to provide real-time
information about our local operations, enhance community conversations, promote recycling and engage more
directly with customers and community organizations to address their questions.
Recycle Right WM will use this site to educate residents, multifamily, and commercial businesses on important
recycling topics, and to offer tools, such as posters, recycling fact sheets and videos that can be used to support
recycling practices. WM will use https://www.wm.com/us/en/recycle-right to educate the community about the
changing world of recycling, industry news and trends.
Education Material at City Facilities WM will make available copies of collateral material created for city staff
distribution at city facilities for both residential and commercial customers. Material will provide information regarding
state recycling mandates, recycling services offered, and C&D recycling information.
Focusing on Commercial and Multifamily Sectors for Compliance Approach
Following is the standardized approach that will be taken for identifying, communicating with customers ,
and preparing a recycling and food waste recycling diversion plan for each business:
Generator Identification: WM will utilize our proprietary SB 1383 Dashboard to manage customer
compliance. Our Dashboard aggregates key data points from various systems, including customer service
levels, any waivers or forms previously obtained, or other mitigating compliance factors, like an internal
third-party recycling program for one holistic view of customer compliance with recycling and organics
mandates. Annually and at the start of each year WM will export and provide a list of customers without
recycling and/or organics service.
Compliance Notification: A City approved letter will be mailed to non-compliant customers informing
them of their need to comply with State regulations. The letter will include education material regarding
the regulations and provide information how WM can assist customer to become compliant.
Customer Responses: Non- compliant customers will be contacted throughout the year by phone,
followed by written correspondence in the form of an email or letter to inform them of their need to
comply.
Customers who respond, their current service levels will be confirmed, and we will coordinate a meeting
with the key decision-maker for an in-person site visit and food waste recycling training.
Customers identified to have an internal third-party recycling program: a site visit will be conducted to
confirm full participation in the program and to assess if further training or education is needed. We will
also provide forms to track recycling volume to submit to City for diversion credit.
Site Visits: Customers’ waste streams will be audited to estimate solid waste, recyclable material, and
organics materials generated. The waste characterization summary will be used to recommend service levels
and frequencies and provide the associated costs. WM’s TBD Recycling and Sustainability Manager will work
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to coordinate adjusting each customer’s account to update service schedule, billing and coordinate the drop of
cart/bins.
The information will be gathered in a pre-approved format and will be made readily available for City’s
review, if requested.
If a customer has an internal or back-hauling program, the WM Sustainability Compliance Representative will
document and verify that the program is comprehensive and achieves full compliance and will provide
documentation to City staff to obtain approval and assist with obtaining the third-party tonnage for reporting
and diversion credit purposes.
Customer information will be provided to the City in a pre-approved format for any identified third-party
recycling programs.
All outreach activity is tracked and reported via our SB 1383 Dashboard.
In addition to Diamond Bar’s dedicated team, WM employs a team of over 50 Recycling Education Reps
who can be leveraged to provide site visits and additional outreach, as needed.
AB 827 Compliance: During these site visits, food establishment will also be provided information
regarding AB 827, CalRecycle’s website and WM’s education website will be included where they can
obtain the posters and signs required to comply.
Waiver Assistance: For customers identified as meeting the requirements for a de minimis or physical space
constraint waiver, the information would be shared with the City in pre-approved waiver format for the City’s
approval. These waivers will be reviewed every five years.
Training On-going in-person recycling and food waste recycling trainings will be offered to commercial and
multifamily customers to ensure a sustainable and successful program.
The training typically does not take more than 20 minutes and it allows for property managers and staff to
receive hands-on information about State and/or local mandates, learn about WM’s recycling and/or
organics program, understand best practices for source separating materials, and ask questions directly
to the WM Sustainability Compliance Representative.
Customer will be contacted a month later to review the progress and WM will provide any additional
recycling education material or training needed.
Training will be offered to customers identified as having continuous contamination and container overage
incidents.
Additional Resources All customers will have access to the WM Diamond Bar local website, which will
showcase information specifically tailored to commercial and multifamily customers. It will feature
information on State and/or local mandates, WM diversion programs, local edible food recovery
resources, FAQs, and a form that allows customers to request technical assistance and connect with the
Sustainability Compliance Representative. The website will also have a link to WM informative how -to
videos which can be used in training sessions.
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Residential Compliance Outreach
In addition to the education and
outreach efforts as described above
and in the chart from the previous
pages, WM will continue SB 1383
residential outreach annually. This
outreach material will provide
educational information about SB
1383 and meaningful graphics
which show how to participate in the
program. In addition, the WM
Recycling and Sustainability
Manager will continue to host
community workshops to provide
program information, highlight
sustainable at-home best practices,
and answer questions. By utilizing
the WM Smart Truck® program
along with data collected in the SB
1383 Dashboard, WM can identify
customers and routes with repeated
incidents of contamination and will
be able to provide them with
additional outreach. This additional,
target outreach will include
additional flyers and educational
materials and working with localized
community groups that can help
with outreach efforts.
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Public Education Materials for all of Diamond Bar Stakeholders and Services
We already have many professional education materials customized for the City of Diamond Bar that will
be updated for new contract terms and service enhancements. Additionally, we have the in-house
capabilities, including graphic designers and copywriters, to continually create fresh, new materials to
meet the evolving education and outreach needs of City as well as City of Diamond Bar’s residents and
businesses.
Transcreated Materials
WM is a leader in providing culturally
appropriate recycling education. We
transcreate educational materials by delving
into a culture, finding relevant products and
symbols, then creating unique materials. We
have recycling and organics guidelines
transcreated in multiple languages. All of
Diamond Bar’s outreach materials will be in
Spanish, Korean and Mandarin.
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Description of labels to be attached to containers that clearly indicate the accepted and prohibitive materials to be placed in
containers. Labels shall comply with CalRecycle guidelines for labeling/signage.
Container Labels:
Upon award of the Contract, WM will immediately begin designing the labels to be located on the inside of
the cart lid for residential carts and on the front side of the commercial bins. Recycling information
material with be compliant with CalRecycle’s guidelines for signage.
Following are examples of labels that have been utilized. Label and graphics instructions will be
coordinated with City to obtain pre-approval. Labels will also be printed in Spanish, Korean and Mandarin.
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Proposed contamination monitoring procedures including performing route reviews and or waste evaluations.
Integrated Route Audit and Contamination Monitoring Program to Drive
Behavior Change
WM will continue using our innovative WM Smart Truck® program to meet and
exceed SB 1383 Route Monitoring requirements.
Keeping recycling and organics waste streams clean will help ensure the materials collected can be
processed or composted. Reducing contamination helps to make certain collected materials go on to
have a second life. Our proprietary technology, WM Smart Truck ® and adoption of Community Based
Social Marketing (CBSM) outreach strategies provides your municipality tremendous value that will allow
your municipality to monitor contamination and develop strategic outreach strategies effectively and
efficiently. This technology enables us to audit every cart on a route to look for contaminants and provide
customers feedback in the form of contamination notifications. These notifications educate customers on
how to recycle right, reduce contamination, and increase diversion. Using cameras on our trucks, we
document every stop and the contents of each container day in and day out – not just one time a year as
required by the regulations. By auditing daily and identifying customers who need help eliminating
contamination or increasing volume of organics service, we are able to consistently educate customers
and change behavior.
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How WM Smart Truck® Works
WM Smart Truck® technology captures footage of customer
containers during service. Artificial Intelligence (AI) is used to
identify anomalies, like contamination or overloaded containers. A
dedicated team of technicians review the footage and confirms
results to ensure materials are placed in the correct container and
collected successfully. This information is never shared. If a cart
associated with a service address is overloaded or has non-
acceptable material inside, customers receive educational
notifications.
WM Smart Truck® Customer Communications
WM has created customizable WM Smart Truck® customer
educational communications to strategically collaborate with our
customers and help build awareness of the importance of placing the right materials into the right cart.
When contamination is identified, WM will follow the notification process outlined in the contract
agreement, and provide contamination notice and education to the resident or commercial customer via
the communication channel of their choice. This will help accelerate behavior change and reduces
contamination.
Recycling and Sustainability Manager will work with customers who are found to receive multiple notices
within the timeframe outlined in the contract agreement to right size the level of service to the customer’s
needs, provide further proper recycling education and training to minimize contamination habits.
WM will maintain SB 1383-compliant records to report on contamination monitoring activities, actions
taken, and customer communications sent via our new WM SB 1383 Dashboard. This Dashboard will
allow the municipality to seamlessly track material streams, route reviews, contamination notices at the
municipality, route, and customer levels. Find more information below. WM plans to use this data to
inform outreach and education decisions.
Our proprietary Smart Truck® technology
can capture video and photo of every
collection.
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The Benefits of Smart Truck®
Smart Truck® helps you meet and exceed SB 1383 auditing and monitoring requirements.
Smart Truck® maximizes safety by automating processes that keep our drivers in the cab so
they can focus on the task at hand while constantly monitoring their surroundings.
Smart Truck® provides better service with more transparency using GPS and dedicated
cameras to photograph container contents and provide feedback.
Smart Truck® improves waste-related decision-making. Awareness is the first step to behavior
change. Using pictures or video, WM Smart Truck® technology notifies the customer of trash
overages, contamination, and container issues to help increase efficiencies and reduce costs.
Smart Truck® enhances community aesthetics. Images and videos allow us to proactively
identify service opportunities such as graffiti that needs to be removed and overflowing dumpsters
that need to be addressed.
Additional Waste Evaluation Studies
In addition to the mandated waste evaluation studies required by SB 1383, WM is also offering the City
additional waste audits as needed to track diversion results and contamination thresholds on routes that
are known to produce less than desirable results. These waste audits will be performed using Smart
Truck data to characterize given routes. By this process, performance by customer and by customer
sector can be effectively determined and corrective campaigns can be developed. Through these audits,
WM will record which routes have high levels of contamination, or over 25%. This will aid the City and the
TBD Recycling and Sustainability Manager in identifying which areas need additional targeted outreach,
as well as allow us to monitor diversion progress monthly.
Should CalRecycle modify the requirements for measuring contamination, WM will immediately meet and
confer with the City to determine how any new or modified requirements will be addressed.
Holistic Data Monitoring and Reporting to Monitor Progress and Drive
Continuous Improvement
WM’s SB 1383 Dashboard makes Compliance Easy
WM’s SB 1383 Dashboard will be a key communication tool. The Dashboard aggregates data from the
WM Smart Truck® program and other internal systems to provide one location to monitor key SB 1383
metrics, and additional regulations like AB 341. Views such as Top 25 Customers by the Number of
Contamination Incidents and Top 10 Most Contaminated Routes, will help target education and outreach
to reduce contamination and improve diversion in the municipality. We will also be tracking all education
outreach efforts through this Dashboard.
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Dedicated Department Responsible for Tracking, Reporting and Meeting All Obligations
Since the adoption of AB 939, Municipal Waste Contracts in the State of California have grown
increasingly more complicated. That complication has continued to grow with SB1016, AB341, AB1826
and now SB 1383. WM has responded to this growing complication by creating a dedicated Contract
Management department, separate from the daily contract managers, that ensure we adhere to all
obligations as outlined in our agreements.
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A dedicated Contract Management department holds the company to the highest possible standard of
compliance and service excellence, ensuring our obligations are met from the first day of the contract to
the last. This level of contract management supports the City in solid waste management and regulatory
compliance, creating a clear and manageable path of obligations and deliverables with little to no time
commitment required on the part of City Staff.
The City of Diamond Bar will continue to have an experienced Contract
Compliance Manager, Angie Mendoni, backed by a team of twelve (12)
Contract Compliance experts located in Southern California. This team is
responsible for monitoring compliance in the administration of contracts including tracking and reporting
all contractual milestones, obligations, and touch points. They ensure proactive contract management
and milestone ownership, meaning that the right department does the right thing at the right time, with
clear processes, roles, and responsibilities across multiple departments and at appropriate levels of
seniority. This type of proactive management and the ability and capacity to track efforts are important
pillars of SB 1383 compliance assistance.
Contract Management Plan
In her role as the Contract Compliance Manager for the City of Diamond Bar, Angie will continue to be
responsible for maintaining a documented Contract Management Plan that outlines adherence to all
facets of the agreement including reporting obligations, service standards and adherence to the contract
as well as internal WM standardized processes and procedures. Some of her responsibilities are
summarized here with the method for reporting outlined in the table that follows.
Serves as an additional point of contact for City staff.
Ensures that monthly, quarterly, and annual reports are submitted timely and will include all
information required per contract.
Facilitates the electronic submission of detailed AB 341, AB 939, AB 1594, AB 1826, and SB
1383 reporting.
Prepares all contractual and regulatory reporting for WM activities for City review.
Provides customer lists and outreach information as needed for SB 1383 Compliance
Monitors contract performance, submittals, and methods for fees paid for compliance with
contract requirements.
Coordinates internal system and service audits ensuring adherence to the agreement, reviewing
findings, and confirming all audit processes are followed.
Works with the District Manager to ensure compliance with service delivery standards including
service levels, programs offered, collection hours, facilities used, etc.
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Describe proposed efforts to assist the City and its customers with a food rescue and donation program to comply with SB 1383 which
establishes a target that not less than 20% of currently disposed edible food is recovered for human consumption by 2025.
WM is committed to working collaboratively with the City of Diamond Bar to develop and implement a
successful food recovery assistance program by partnering with food rescue organizations, local
businesses, and the community.
WM recognizes that the success of any program begins with creative education material and
outreach. Therefore, to assist the city in these efforts, we will not be using a one-size-fits-all strategy. WM
will create customized educational materials that highlight how and where Diamond Bar’s large food
generators can participate in edible food recovery and donation programs. Our approach will include, but
is not limited to, leveraging social media, annual mailers, and customer engagement to circulate clear
instruction on how comply with state mandates and participate in food recovery programs. The education
material will also emphasize the benefits of methane reduction in the landfills by diverting organic waste,
and suggested practices for reducing organic waste generation.
Everything distributed will also be available our designated WM/Diamond Bar website for each customer
type throughout the life of the Contract.
The local WM team already has experience working with other WM Franchise Cities to identify and
promote food recovery programs, and we will apply any best practices in Diamond Bar to kick off a Food
Rescue and Donation Program.
Diamond Bar’s Recycling & Sustainability Representative will also serve as a liaison to connect the City’s
food generator with food rescue organizations.
Annual Food Recovery Compliance Reviews to assess compliance will commence on the dates indicated
in the Agreement.
ORGANIC TIERS 1 & 2 How They Do Business Barriers Corresponding Outreach
Strategies
Back-of-house tends
to generate the most
waste
Often located in multi-
tenant properties
Family-run businesses
High level of
competition
resulting in low
margins
Lack of customer
participation in FOH
recycling
Theme: Reduce waste costs at
your restaurant, store, or food
plant
Methods:
Point to space-efficient bin
options, esp. kitchens and
plant floor
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Relevant Subsectors
Restaurants and food
services
Food stores and
wholesalers
Food manufacturing
Target Materials
Pre- and post-consumer
food scraps
Edible food
Food/beverage
containers
Unique work
schedules
Often different
languages spoken by
BOH vs FOH staff
Key decision makers:
Owner
Head chef
Sustainability director
The ‘ick’ factor
Space constraints
in the kitchen
High staff turnover
rates
Employee injuries
from lifting heavy
organics bins
Perceived risk
associated with
surplus food
donation
Emphasize importance of
ongoing staff training
videos)
Suggest smaller organics
bins to prevent lifting injuries
Address edible food
recovery legal protections
and connect with local food
banks/programs (Good
Samaritan laws)
Suggest customer-facing
marketing materials
Provide education & training
for both front of house and
back of house
Commercial Edible Food Generator Education
Annually, WM will provide customers identified as Tier One and Tier Two food generators with the
following:
Information about the Diamond Bar’s Edible Food Recovery program.
Information about the Commercial Edible Food Generator requirements.
Information about Food Recovery Organizations and Food Recovery Services operating within
the City and in the region, and where a list of those Food Recovery Organizations and Food
Recovery Services can be found.
Information about actions that Commercial Edible Food Generators can take to prevent the
creation of Food Waste.
We will provide the City with a list of customers that are identified as falling under the Tier One and Tier
Two generators.
Following are sample flyers discussing Commercial pick -ups.
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Help Familiarize Food Recovery Organizations with SB 1383 Compliance
In addition, we commit to organizing workshops with the Food Recovery Organizations to help them
understand their responsibilities to stay in compliance with SB 1383 obligations like food donation
tracking and reporting.
Additional Resources:
WM has built a comprehensive Customer Database that can facilitate the record keeping of food recovery
data, agreements with food rescue organizations, outreach activity history to each customer identified as
a Tier 1 or Tier 2. These records and information can be provided to the City for CalRecycle inquiries
and/or reports.
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Describe proposed organics recycling program including type of containers proposed. Proposers should include detailed information on
customer in-house preparation of material prior to disposal (e.g., bag or no bag requirements); include a comprehensive list of organic
materials that are acceptable in each of the programs listed above, and a comprehensive list of organic materials that are not accepted in the
program. Also, proposers are requested to submit samples of outreach materials already distributed to customers in a city with a similar
program in place if proposer has implemented such program. Please describe your intended approach and activities related to SB 1383 organic
waste collection and recycling services, education and outreach, capacity planning, procurement of organic waste products, reporting,
contamination monitoring, and other compliance activities.
Making more productive use of food waste is an area of particular focus not only for us, but also for a
growing number of stakeholders: consumers, educational institutions, businesses, municipalities, and
regulators. The opportunity is substantial, and the payoff can be significant.
Organics recycling has many benefits:
Recovers a valuable resource.
Reduces waste which saves natural resources and landfill space.
Reduces methane production.
Recycling Organic Waste Has Never Been Easier
WM is committed to offering an Organic Waste Recycling Program that is convenient and cost-effective.
Diamond Bar residents simply need to place their discarded organic materials (commingled green waste
and food waste) in the organics (green) cart. The organic waste materials would need to be placed,
unbagged, inside the cart and can be mixed with other acceptable organic wastes such as produce,
meats, diary, bakery and dry goods, food-soiled paper, and yard waste.
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Diamond Bar Organics Collection
Residential Organics Collection
WM is proposing to continue to provide weekly collection of residential organic waste on the
same day as refuse service.
Residential organics collection will be identified as commingled green waste and food waste .
Diamond Bar residents will be able to discard food waste directly in their green lid cart (no
bags).
The organics cart will be SB 1383 color compliant: charcoal/grey body container with a green
lid. The lid will contain a label with graphic instructions on what material should and should not
be placed in the organics cart; all education labels will be translated in Spanish, Korean , and
Mandarin.
WM would already have an established
organics program in the residential
sector prior to starting the new contract
in September 2025. Furthermore,
we will maintain an outreach program
that includes, but is not limited to,
neighborhood meetings (HOAs), social
media content, and City
communications to educate residents about their organic waste recycling program and how to
identify acceptable and non-acceptable materials.
All public education/outreach material will be translated into Spanish, Korean and
Mandarin. Also, all public education/outreach material will be pre-approved by the City prior to
distribution.
WM will provide public education and outreach to customers about their organics program on
an on-going basis through the life of the contract.
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Commercial Organics Collection
WM is proposing to provide commercial organics recycling at the frequencies of no less than
once per week as required by each individual customer .
We will provide 65-gallon and 2-yard bins for service, but our experience in commercial organics
collection indicates that commercial customers prefer the 65-gallon carts because they do not
have enough space to accommodate an additional 2-yard bin, and health concerns like odor are
mitigated with a more frequent cart collection service.
The commercial bin (or lid if providing cart service) will contain a label with graphic instructions on
what material should and should not be placed in the organic ’s container; all education labels will
be translated in Spanish, Korean and Mandarin.
By Q2 2025, six (6) months before the start
of the new contract (Sept 2025), WM will
initiate site visits with each commercial
customer to understand their service
collection needs. At the start of service,
outreach will continue but is not limited to,
fliers explaining the program, social media
content, and City communications to
continue to educate commercial customers about the programs, as well as how to identify
acceptable and non-acceptable materials.
All public education/outreach material will be translated into Spanish, Korean and Mandarin, and
will be pre-approved by the City prior to distribution.
Plastic Bags: Our Organics Processing Facility Partners do not allow for use of plastic bags. Even
compostable plastic bags do no breakdown quickly or completely. Thus resulting in product contamination
and site litter. Our education material advises customers to use paper bags or newspaper as an option to
minimize food waste odor.
Per obligations outlined in the agreement, WM will help identify all Tier One and Tier Two Commercial
Edible Food Generators and provide the food generators with educational material on Food Recovery
Organizations. WM will also assist the City with inspections to assess SB 1383 compliance. All data
collected will be shared with City on a pre-approved reporting format.
Our Commitment to Finding Innovative Solutions
We are confident that as SB 1383 programs develop throughout the various communities, so will the
infrastructure options for organics processing and recycling. This is why we are committed to meeting
annually with City staff to review any new viable option that becomes available, including our own
infrastructure development.
Currently, WM has the following network of organic facilities (internal and third-party) that quickly can be
brought in to assist on a moment’s notice.
South Valley Compost, WM Affiliate
Pala Compost, WM Affiliate
Ecology Compost, Partnership
Recycle Wood Products, Partnership
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We are confident that no other company in the waste management industry is better positioned to
collaborate with the City of Diamond Bar to create and support sustainable organics recycling and
recovery opportunities that comply with state mandates AB 1826 and SB 1383.
Procurement Requirements is discussed in detail Section 3.9
Reporting and Contamination Monitoring is discussed in detail in Section 3.4
Specify all materials that can be recycled through the residential, multifamily and commercial recycling programs.
The following materials can be recycled through the residential, multifamily and commercial recycling
programs.
City of Diamond Bar’s recyclable material is currently processed at our Azusa Material Recovery
Facility
WM’s Azusa Material Recovery Facility (MRF) is the
largest facility in the region and is capable of processing
more than 20,000 tons of recyclable materials each
month. This facility is equipped with state-of-the-art
equipment that uses magnets, screens, and optical
scanners to sort out and process materials.
Please see our list of acceptable materials that is
reflective of WM’s extensive efforts in securing domestic
and global networks of recycling material processors. We
are confident in our ability to maximize diversion for the
City of Diamond Bar.
Despite being only 10 years old. The Azusa
MRF will be undergoing a $25M investment to
install new technology. This will improve the
recovery rate, decrease residue volume, and
further expand the range of material that can
be recycled.
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Describe proposed assistance to the City to ensure that sufficient California recovered organic waste products are procured on behalf of the
City to meet the requirements of SB 1383. Identify types and quantities of recovered organic waste products which shall be procured.
WM is fully prepared to assist Diamond Bar in meeting its obligations for procurement of recovered
organic waste products, as set forth in 14 CCR Section 18993.1 and outlined in the Franchise Agreement.
WM believes that flexibility is the key to meeting this requirement over the life of the Franchise
Agreement, thus ensuring the solutions provided can be responsive to ever -changing environmental,
regulatory, and economic factors.
Compost and Mulch - Bring Nature’s Recycling Benefits Home
WM is committed to strengthening the City of Diamond Bar’s procurement efforts by procuring the amount
of compost and mulch necessary to fulfill the City’s per capita requirement set by SB 1383. One way that
WM will help the City meet this requirement is through the City’s Free Mulch Giveaway program that will
be available to all Diamond Bar Residents twice a year. WM staff will work with City staff to coordinate
these community events.
Diamond Bar residents can take pride in knowing that their organic waste recycling efforts contributed to
the compost material they will be taking home to use in gardens. The high-quality compost material
provided by WM will serve as an effective way to improve soil health, increase plant production, and
reduce the use of water, chemical fertilizers, and pesticides.
In addition, WM staff will work closely with City staff to assist with providing mulch material for the City’s
own facility needs.
Procurement Credits - Through our network of Organics Facilities and established Organic Material Sales,
WM can offer the City of Diamond Bar procurement credit to meet SB 1383 purchasing requirements
through the sale of material on behalf of the City.
This process, approved by Cal Recycle as an appropriate means to meet the obligation, requires no
additional City staff time, expense, or liability on the part of the City. The transaction is handled entirely by
WM, on the City’s behalf, and documented for the sake of Cal Recycle reporting. We would be happy to
discuss this more in depth with the City of Diamond Bar.
Record Keeping - Using WM’s internal accounting system and by electronic database (S2P) we will be
able to track all compost material procured on behalf of the City whether this was directly (community
compost giveaways, City’s own use) or through procurement credits. Through the life of the Franchise
Agreement, we will be able to support the City with SB 1383 procurement reporting obligations.
Renewable Natural Gas - Infrastructure for the production of renewable natural gas derived from organic
waste is in development, and this renewable fuel may become available in adequate quantities in future
years. WM is closely monitoring those developments.
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Provide information about proposed operating facilities, including:
Yard address for equipment and personnel staging and arrangements for maintenance of equipment.
Office address for customer service, public relations, billing, and franchise administration; and,
Other operating facilities to be used in providing service under this agreement.
WM’s superior facility network (internal and third-party) includes multiple outlets for all materials in case
any facility becomes unavailable due to circumstances beyond our control.
Expansive Network of Facilities- Operating Locally for Over 30 years
One of the advantages of selecting WM is our local operations. We operate out of our San Gabriel
Hauling District, just 15 miles away from Diamond Bar City limits. This proximity allows us to be present
and address concerns swiftly. Our San Gabriel Hauling District is fully equipped with an onsite mechanic
shop, cart/bin storage and repair shop, and RNG fueling station. Our Operations, Public Sector
Management team and Customer Service Management and Dispatch have an office at this location. WM
is well-positioned to provide exceptional customer service by being able to quickly address any service
concerns from residents and the business community.
The facilities identified below are the primary facilities that will support the day -to-day collection and
processing of solid waste in Diamond Bar.
WM has a superior network of facilities (internal and third-party) includes multiple outlets for all materials
in case any facility becomes unavailable due to circumstances beyond our control, any of them can
quickly be brought in to assist on a moment’s notice.
Operating Facilities
Facility Name Address
Yard address for equipment and
personnel staging and arrangements for
maintenance of equipment;
San Gabriel Hauling
District
13940 Live Oak Ave Baldwin
Park, CA 91706
Office address for customer service,
public relations, billing, and franchise
administration;
San Gabriel Hauling
District
13940 Live Oak Ave Baldwin
Park, CA 91706
Other operating facilities to be used in providing service under this agreement
Assistance with initial waste cart
delivery as part of Implementation Plan FleetGenius 840 W. Grove Ave., Orange, CA
92865
Environmental Cleaning Services Green Clean Pressure
Washing, LLC
1602 Shetland Circle Norco, CA
92860
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Facility Name Address
Community Support Services
e-Recycling of California
8065 Marine Way, Irvine, CA
92618
E-Waste Collection)
At-Your-Door HHW
Curbside Collection
10633 Ruchti Rd,
South Gate CA 90280
Proposers must identify all proposed disposal, transfer, and processing facilities for transfer/disposal of refuse, processing of commingled
recyclables, processing of organics, processing of mixed waste, and processing of construction and demolition debris.
For each facility, please identify the following:
The name, address, and SWIS # of the facility.
The material to be processed (organic waste, commingled recyclables, mixed waste, or construction and demolition debris).
The tipping fee per ton.
A statement regarding any relationship between the proposer and the facility owner/operator (if any).
Indicate any proposed solid waste facility capacity guarantees.
Current and estimated diversion rate for processing of each waste stream (e.g., residential recyclables, residential organics, source-
separated commercial recyclables, mixed commercial waste, commercial organics, C&D.)
Following are the detailed requirements of proposed facilities for disposal, transfer, and processing:
Transfer Facilities
WM is proposing to use Pomona Valley Transfer Station. WM has a long-standing agreement with Valley
Vista to use this facility.
Alternative Facility- At any point during the length of the contract, if an alternative facility is needed WM
has the ability to use WM’s Azusa Material Recycling Facility & Transfer Station. This will be discussed
with City prior to making a change.
Transfer Facilities
The name and address of the facility; Pomona Valley Transfer Station (Primary)
1371 E. 9th St., Pomona, CA 91766
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Owner/operator; Grand Central Recycling and T.S.
Valley Vista
A statement regarding any relationship between
the proposer and the facility owner/operator (if
any);
WM currently has contract with Valley Vista
SWIS number; 19-AA-1128
The price per ton for transfer $27.83
Indicate any solid waste facility capacity
guarantees being offered; and
Pomona Valley Transfer Station has the capacity to handle
Diamond Bar material
Current and Estimated Diversion Rate N/A
The name and address of the facility; Azusa Material Recycling Facility & Transfer Station
1501 West Gladstone, Azusa, CA 91702
Owner/operator; WM owned and operated
A statement regarding any relationship between
the proposer and the facility owner/operator (if
any);
SWIS number; 19-AA-1127
The price per ton for transfer $38.65
Indicate any solid waste facility capacity
guarantees being offered; and
Azusa Material Transfer Station has the capacity to handle
Diamond Bar solid waste
Current and Estimated Diversion Rate N/A
Processing Facilities
Source Separated Recyclable Processing: Azusa Material Recycling Facility
WM’s Azusa Material Recycling Facility (MRF) is the largest facility in the region that is capable of
processing more than 20,000 tons of recyclable materials each month. This facility is equipped with state -
of-the-art equipment that uses magnets, screens, and optical scanners to sort out and process materials.
The Azusa MRF will be undergoing a $25M investment to install new technology. This will improve the
recovery rate, decrease residue volume, and further expand the range of material that can be recycled.
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The name and address of the facility; Azusa Material Recycling Facility
1501 West Gladstone, Azusa, CA 91702
Owner/ facility operator; WM
A statement regarding any relationship
between the proposer and the facility
owner/operator (if any);
Owner/Operator
SWIS number; 19-AA-1127
The material to be processed (source
separated organic waste, source
separated recyclables, mixed organic
waste, or construction and demolition
debris);
Source separated recyclables
The price per ton; $78.85 net cost to process recyclables
Indicate any solid waste facility
capacity guarantees being offered; and
Azusa Transfer and Material Recovery Facility is
owned and operated by WM with a permitted
capacity of 3,800 tons per day with 500 tons per day
available for organic waste processing.
WM guarantees that this facility will have the capacity
to accept material from Diamond Bar.
Estimated diversion rate for processing
of each category of recyclables
processed (e.g. residential recyclables,
residential organics, source separated
commercial recyclables, mixed
commercial waste, commercial
organics, C&D.)
85% Material Composition and Market Dependent
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Organic Waste Processing Facility
WM has a network of organic facilities (owned and third-party) to support the City of Diamond Bar organic
material processing. WM’s organic collection program is source separated organics (commingled green
waste and food waste).
The organics material collected in the City, will be pre-processed at our Azusa Material Recycling Facility
Transfer Station, then transported to a network of compost facilities listed below.
This organics processing system is already in place for the residential sector, and will be ready to
implement at the start of the contract for the commercial sector.
The name and address of the facility; Azusa Material Recycling Facility
1501 West Gladstone, Azusa, CA 91702
Owner/operator; Waste Management
A statement regarding any relationship between
the proposer and the facility owner/operator (if
any);
Owner/Operator
SWIS number; 19-AA-1127
The material to be pre- processed: Source
Separate (commingled green waste and food
waste).
Organics Material will be pre- processed and transported any of
the following SB 1383 approved facilities:
Facility SWIS # Address Relationship
South Valley
Compost Site
54-AA-
0026
24487 Road 140,
Tulare, CA 93274
Operator
South Kern
Industrial Center
Compost Facility
15-AA-
0381
2653 Santiago Road
Taft, CA 93268
Feedstock
Agreement
WM Pala
Composting
Facility
N/A 12802 CA-76, Pala,
CA 92059
Operator
Ecology Compost N/A 59260 Highway 72,
Salome, AZ 85348
Feedstock
Agreement
The price per ton; $100.79 per ton
Indicate any solid waste facility capacity
guarantees being offered; and
WM guarantees capacity for Diamond Bar’s organics material
Estimated diversion rate: 90% of organic material is diverted to beneficial reuse.
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Construction and Demolition Processing Facility:
The name and address of the facility; Downtown Diversion, Inc (DDI)
2424 E. Olympic Blvd. Los Angeles, CA 90021
Owner/operator; Waste Management
A statement regarding any relationship between
the proposer and the facility owner/operator (if
any);
Owner/Operator
SWIS number; 33-AA-0258
The material to be processed (source separated
organic waste, source separated recyclables,
mixed organic waste, or construction and
demolition debris);
C&D Material (Concrete, Porcelain, Rigid Plastics, Tile,
Lumber, Metals, Masonry, Plastic, Rock, Insulation)
Indicate any solid waste facility capacity
guarantees being offered; and
DDI has the capacity to Diamond Bar C&D material
Estimated diversion rate for C&D material 75%
The name and address of the facility; Maitri Road Recycling
24980 Maitri Rd. Corona, CA 92883
Owner/operator; Mayhew Aggregates and Mine Reclamation
A statement regarding any relationship between
the proposer and the facility owner/operator (if
any);
Independently owned and operated facility
SWIS number; 33-AA-0359
The material to be processed (source separated
organic waste, source separated recyclables,
mixed organic waste, or construction and
demolition debris);
Construction & Demolition Debris
Indicate any solid waste facility capacity
guarantees being offered; and
10,000 tons/day
Maitri Road Recycling has the capacity to handle Diamond Bar
material
Estimated diversion rate for C&D material 75%
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Disposal Facilities
The El Sobrante Landfill is a state-of-the-art Class 3 non-hazardous solid waste disposal facility that
strives to protect the environment through conservation and the use of the latest in landfill technology.
The El Sobrante Landfill serves the following Southern California jurisdicti ons: Los Angeles, Riverside
San Bernardino, and San Diego counties. The Landfill is permitted to accept up to 70,000 tons per week,
seven days per week (closed Sundays), 24 hours per day (opportunity to minimize local traffic by bringing
transfer vehicles during off peak traffic hours).
The name and address of the facility; El Sobrante Landfill
10910 Dawson Canyon Rd, Temescal Valley, CA 92883
Owner/operator; WM
A statement regarding any relationship between
the proposer and the facility owner/operator (if
any);
Owner/Operator
SWIS number; 33-AA-0217
The price per ton; $35.65
Indicate any solid waste facility capacity
guarantees being offered; and
Estimated remaining capacity 143,977,170 tons; approximately 37
years depending upon inbound volume.
WM guarantees that this facility will have the capacity to accept
material from Diamond Bar .
El Sobrante Landfill
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Added Program Value: Education Programs
WM’s Azusa MRF and El Sobrante Landfill are proud to be active supporters of community events and
programs. Both facilities offer a “tour-based” education program that promotes environmental stewardship
and resource conservation. Each year, over 2,000 people participate in the tours to learn about the daily
operations, sustainable business practices, clean technology and improving recycling efforts. This
educational resource may be offered to Diamond Bar residents, youth, and community groups as an
invaluable, hands-on learning experience.
City of Chino Council and Staff took a tour of WM’s Azusa MRF to learn how
recyclables become future commodities.
Chino Cub Scouts Pack 205 on a tour of the El Sobrante Landfill
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Performance Bond Commitment Letter
Original documents available upon request. Full Bid Bond and Surety information will be included under
separate cover.
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In accordance with Labor Code Sections 1070, 1072, 1075, and 1076, proposer will offer employment to qualified existing employees of the
current contractor that may be displaced if the current contractor is not retained. Please describe your procedures for offering such employment
and any limitations. Please describe whether your company operates under a labor collective bargaining agreement.
Displaced Employees
WM is an employer of choice and will gladly offer positions to qualified employees that may be displaced
as a result of working for Diamond Bar’s current commercial service provider, contingent upon a
background check and drug testing. In the past, our People team (human resources) has worked with the
human resources and operations teams of other haulers to sponsor hiring events, information sessions,
and more for displaced employees. These events can be held virtually and in the evenings for
convenience and COVID-19 concerns.
At WM, we know that benefits and compensation are each
important pieces of every employment decision. This is
why we are constantly working to give our employees an
industry-leading total rewards package that encompasses
a broad number of services, including many that are
completely cost-free to the employee.
On our team, each eligible member receives a
comprehensive benefits package that assists them in
protecting their physical, emotional, financial, and social
well-being. Available benefits include medical, vision, and
dental insurance, employee and family assistance,
retirement savings options, employee discounts, and
other wellness perks.
Total Rewards
WM annually invests more than $10,000 per
employee in a comprehensive benefits package.
WM pays the full cost to provide employees with a
number of benefits, including but not limited to
short and long-term disability benefits, basic life
and AD&D insurance for employees and their
eligible dependents, legal services, and critical
illness coverage for employees, and an employee
and family assistance program. The cost for
optional coverages like medical, vision, and dental
are shared with employees, with WM picking up
much of the expense.
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The City expects that the successful proposer(s) will execute an Agreement with the City in substantially the same form as the Draft Agreement
as it may be changed via Addendum during the RFP process).
Proposers are required to carefully review the Agreement before submitting proposals and are encouraged to have it reviewed by legal
counsel. Proposers are also encouraged to submit written questions about any provision in the Agreement not fully understood, which would
appear to be inconsistent with other provisions or otherwise incorrect, or which may deter them from submitting a Proposal or significantly
increase the rate of their Proposal.
To demonstrate agreement with to all terms and conditions of the draft Agreement as written, proposers are required to sign and include in their
proposal the signature page of the draft Agreement. Any exceptions must include the nature of the proposed exception, the draft Agreement
Section, proposed substitute language, and the change in costs that would take place if the proposed language were to be accepted by the
City. The proposal is not considered complete without this signed page.
The number, nature and materiality of objectionable provisions and suggested changes to the Agreement will be considered in evaluating
proposals.
Our Sample Contract will be provided under separate cover.
DRAFT AGREEMENT EXCEPTIONS
CONFIDENTIAL – BUSINESS PROPRIETARY/TRADE SECRET INFORMATION
DIAMOND BAR – REQUEST FOR PROPOSALS FOR SOLID WASTE SERVICES (MAY 3, 2023)
NOT A PUBLIC RECORD – NOT TO BE DISCLOSED TO PUBLIC
Waste Management Collection and Recycling, Inc. (“WM”) greatly appreciates the City’s
responses to proposer questions and respectfully submits the following two (2) exceptions to the draft
Agreement for the City’s consideration. The exceptions to the draft Agreement do not include the changes
the City has stated will be made by amendment (noted separately below) or will be updated in our
proposal. WM reserves its rights with respect to any such correction or amendment made by the City
when those corrections, changes, or amendments are made available for review by proposers.
Pursuant to the City’s request for proposals and in accordance with the City’s responses to proposer
questions, WM submits the following exceptions to reserve the opportunity to discuss this matter during
negotiations:
EXCEPTION #1
10.5 EXTRAORDINARY RATE ADJUSTMENTS
Contractor or City may request an adjustment to maximum rates at reasonable times other than
that allowed under Section 10.3 in the event of extraordinary changes in the cost of providing
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service under this Agreement. Such changes shall not include changes in the market value of
Recyclables from the values assumed in Contractor’s Proposal, inaccurate estimates by the
Contractor of its proposed cost of operations, or change in wage rates or employee benefits.
Without limiting the generality of the foregoing, Contractor may request an extraordinary adjustment
based on: changes in a direct per ton fee assessed at the Disposal Site or any Designated Facility
by federal, state, or local regulatory agencies after the effective date; a change in Applicable Law
that requires additional or new Services or obligations under this Agreement; and any other
extraordinary changes in operational costs outside of Contractor’s reasonable control, including
increased costs related to fuel and transportation, labor, and Organic Waste or Recyclable
Materials market conditions.
Contractor shall provide substantial reasonable proof and justification to support the need for the
adjustment. For each request for an adjustment to the maximum rates brought pursuant to this
section, Contractor shall prepare a schedule documenting the extraordinary costs. Such request
shall be prepared in a form acceptable to City with support for assumptions made by Contractor in
preparing the estimate. Contractor shall also submit a schedule showing how its total costs and
total revenues have changed over the past three years for the services provided under this
Agreement. The City may request from the Contractor such further information as it deems
reasonably necessary to fully evaluate the request and make its determination. Upon request by
the City, Contractor shall provide a report of its annual revenues and expenses for the services
provided in the City, and City shall have the right to audit this information in connection with the
City’s review of Contractor’s rate adjustment request. City may consider increases or decreases in
the Contractor’s total revenues and total cost of services when reviewing an extraordinary rate
adjustment request.
The City may, in its sole judgment and absolute, unfettered discretion, make the final determination
as to whether an adjustment to the maximum rates will be made, and, if an adjustment is permitted,
the appropriate amount of the adjustment; provided that City’s approval of the requested rate
adjustment shall not be unreasonably withheld with respect to rate adjustment requests arising out
of a change in the per ton Disposal fee or a change in Applicable Law. Extraordinary rate
adjustments shall only be effective after approval by City Council in compliance with California
Constitution Article XIIID (Proposition 218) and the Proposition 218 Omnibus Implementation Act
Govt. Code Sections 53750 et. seq.) and may not be applied retroactively in the City’s discretion.
A rate adjustment request made in response to a new or modified service or new or modified
obligations (including additional reporting requirements) requested by City will be determined in
accordance with Section 2.10.
Rationale: This section is revised to clarify circumstances that may warrant extraordinary adjustments,
including changes in Applicable Law that modify Contractor’s obligations under this Agreement or other
circumstances outside Contractor’s reasonable control. In addition, language requiring Contractor to
provide information related to Contractor’s revenue, including the market value of recyclables, which is
confidential and proprietary. There is no change in costs to the City if the proposed language is accepted.
EXCEPTION #2
13.7 LIQUIDATED DAMAGES
While we accept the concept of liquidated damages as a section in the agreement, Section 13.7, as drafted,
contains a number of incorrect citations and cross-references to other sections of the draft agreement, and
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there are a number of references to dates in the past that are not applicable to this agreement. In addition,
some performance standards are otherwise ambiguous as to when a penalty may be assessed, are unclear
as to whether the proposed liquidated damages bear a reasonable relationship to actual damages that may
be suffered from the types of performance issues contemplated, or do not appear to be reasonable
estimates of damages at the time of entering into this agreement. Further, some of the administrative
charges listed in this section are calculable damages for which liquidated damages are not appropriate —
such as fines issued by CalRecycle—and some liquidated damages include explicit penalties for
performance, which are unlawful under California Law.
Rationale: WM takes exception to this section for the purpose of discussing these items with the City during
negotiations to further clarify and resolve these questions. In the interest of clarity, WM does not propose
striking this section in full, but desires to discuss specific standards of performance and penalty amounts in
this section that are ambiguous, unclear, or excessive as described above. Changes to this section will not
result in a change in costs to the City if the proposed language is accepted.
CITY APPROVED CHANGES PER ADDENDUM #2:
Consistent with the City’s responses to proposer questions in Addendum #2, WM submits the following
revisions to the draft Agreement:
1.30 CONTAINER CONTAMINATION
Container Contamination” means the following: (i) discarded materials placed in the Blue Container
that are not Blue Container Waste; (ii) discarded materials placed in the Green Container that are not
Green Container Waste; (iii) discarded materials placed in the Gray Container that are Blue Container
Waste or Green Container Waste; and, (iv) non-Solid Waste itemsExcluded Waste placed in any
container.
Rationale: This section is revised to be consistent with the City’s response to question number 12 in
Addendum #2. There is no change in costs to the City if the proposed language is accepted.
2.1 GRANT AND ACCEPTANCE OF FRANCHISE, INDEMNITY OF AWARD
Contractor agrees to and shall timely take all actions that are reasonably necessary to defend the
validity and enforceability of this Agreement and shall pay all costs related to such defense in
accordance with Section 11.1. To the maximum extent permitted by law, Contractor shall defend,
indemnify, protect and hold harmless, the City, its officers, agents and employees from any and all
claims, actions or proceedings to attack, set aside, void, annul or seek monetary damages resulting
from an approval by the City of this Agreement, including but not limited to any action brought by
referendum or under Proposition 218 (Calif. Const. Art. XIIID) to challenge the City’s entry into this
Agreement or the setting of Solid Waste rates as set forth in this Agreement. The City shall promptly
notify Contractor of any such claim, action, or proceeding. The City and Contractor shall meet in
good faith in an effort to come to a mutual agreement for a joint defense; provided that the City
shall be entitled to select legal counsel of its choice to conduct the defense if an agreement cannot
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be reached. Contractor’s obligations to pay all costs, defend, indemnify, protect and hold harmless
under this section shall not be altered in the event City retains separate counsel. Contractor hereby
accepts the Franchise on the terms and conditions set forth in this Agreement.
Rationale: This section is revised to be consistent with the City’s response to question number 16 in
Addendum #2 which noted this was under review by the City. There is no change in costs to the City if the
proposed language is accepted.
4.1.13 SERVICE EXCEPTIONS; HAZARDOUS EXCLUDED WASTE NOTIFICATIONS
A. Failure to Collect. When Solid Waste is not Collected from any Solid Waste Customer,
Contractor shall notify its Customer in writing, at the time Collection is not made, through the use
of a “tag” or otherwise, of the reasons why the Collection was not made.
B. Hazardous Excluded WasteMaterial Inspection and Reporting. Contractor reserves
the right to reject Solid Waste observed to be contaminated with Hazardous MaterialExcluded
Waste and the right not to Collect Excluded Waste Hazardous Material put out with Solid Waste.
Contractor shall notify all agencies with jurisdiction, if appropriate, including the California
Department of Toxic Substances Control and Local Emergency Response Providers and the
National Response Center of reportable quantities of Excluded WasteHazardous Material, found
or observed in Solid Waste anywhere within the City. In addition to other required notifications, if
Contractor observes any substances which it or its employees reasonably believe or suspect to
contain Excluded Waste Hazardous Materials unlawfully Disposed of or released on any City
property, including storm drains, streets or other public rights of way, Contractor will immediately
notify the City Manager or the City Manager’s designee. Contractor shall implement and maintain
a training program that will assist its employees in identifying and properly disposing of any
Excluded Waste Hazardous Material that may come into their possession.
C. Excluded Waste Hazardous Material Diversion Records. Contractor shall maintain
records showing the types and quantities, if any, of Excluded Waste Hazardous Material found in
Solid Waste and which was inadvertently Collected from Customers within the City, but Diverted
from Landfill Disposal.
Rationale: This section is revised to be consistent with the City’s response to question number 30 in
Addendum #2. There is no change in costs to the City if the proposed language is accepted.
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Proposers may submit up to three complete sets of rate proposal forms: one for the residential sector, one for the commercial sector, and one
for a citywide franchise. These proposals shall be based solely on the requirements requested in this RFP and further detailed in the draft
Agreement without considering any exceptions or alternatives.
Provided under separate cover as Excel and .pdf formats on the required flash drive.
Provided that the proposer has submitted a primary rate proposal that meets all of the minimum requirements of this RFP, the proposer may
submit one or more alternative rate proposals. For example, proposer may submit an alternative rate proposal that retains existing used
equipment.
Provided under separate cover as Excel and .pdf formats on the required flash drive.
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Each proposer shall include a copy of the Proposer Code of Conduct and Non-Collusion Affidavit (Attachment 2) that
was submitted at the pre-proposal conference.
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Waste Management Collection and Recycling, Inc. (WM) is your longtime environmental solutions
partner. We have provided waste and recycling management services to Diamond Bar for 30+ years. You
are familiar with our company, our team, and our professional approach over the long term, and we are
excited about the opportunity to continue to work with you in managing your waste and recycling needs.
We have fulfilled the individual tenets and each requirement of your RFP and have organized this
response to provide our proposal in response to each element outlined in the RFP.
We believe this to be a significant contract for both WM and Diamond Bar. As your long-term partner, we
are strongly invested in your Residents and want to be your waste solutions provider of the future. We
understand your priorities, the way you work, and what makes your Residents such a great place to live,
work, and play. This makes us uniquely qualified to provide tailored services to meet your operational
needs and the ever-evolving expectations.
Secondly, we are committed to strengthening our current relationship by continuing to provide high-
quality, reliable service for the entire term of the Agreement. We have already shown ourselves to be a
dependable partner in our current agreement. We have the resources to make needed adjustments,
when necessary, to facilitate continued satisfaction for your residents. WM intends to continue to offer
uninterrupted stability backed by innovation, value, and price, and to be an active partner in attaining
Diamond Bar’s goals and objectives.
Lastly, continuing a partnership with WM will provide your Residents with uninterrupted, reliable service
delivery for an essential and highly regulated operation. There will be no transition period where costly
mistakes and problems are most likely to occur, as our team is intimately familiar with your operations and
has developed a strong working partnership with your staff. Our best -in-class transfer stations, landfills,
and recycling operations, along with our industry -leading safety and environmental practices, should give
you the peace of mind that your waste is being managed in full compliance with all regulatory
requirements and standards.
WM is dedicated to being the best environmental solutions partner for Diamond Bar now and in the future.
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