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BACKGROUND <br /> PGS has an exclusive Franchise Agreement with the City to collect, transport and <br /> dispose of refuse and collect and process recyclable material and organics produced <br /> and accumulated within the corporate limits of the city. Key goals of the current <br /> Agreement with PGS are to meet the city's current and future needs in a manner that is <br /> consistent with industry standards, with services and rates comparable to neighboring <br /> cities and PGS (rather than the ratepayers) assuming reasonable risks related to the <br /> cost of its operations. Additionally, the City took proactive steps toward compliance with <br /> SB 1383 by reflecting the requirements outlined in the SB 1383 October 2017 DRAFT <br /> Regulations specifically related to direct services, record keeping and reporting, and <br /> public information requirements in the Agreement. There are key differences between <br /> the October 2017 DRAFT regulations and the final regulations adopted in November <br /> 2020; these changes require the City and PGS to amend the current Agreement to <br /> comply with the final regulations. <br /> DISCUSSION <br /> The City and PGS began discussing the Amendments to the Agreement in March 2021. <br /> The following are amendments that both parties have agreed to by section: <br /> Recitals <br /> • Addition of SB 1383 regulatory requirements. <br /> • Addition of adoption of the StopWaste Organics Reduction and Recycling <br /> Ordinance (ORRO) which enforces the mandatory collection service and <br /> programmatic requirements of SB 1383. <br /> • Addition of Council Adoption of PMC Ordinance 2226 which added a new <br /> Chapter 9.23 to the Municipal Code and adopted StopWaste ORRO by reference <br /> with certain local amendments. <br /> Article 1. Definitions <br /> • The following definitions were updated to provide current information and <br /> compliance with state law. Section 1.12, 1.13, 1.14, 1.15, 1.16, 1.25, 1.36, 1.77, <br /> 1.99, 1.118. <br /> • The following definitions were added. <br /> 1.7 "Alternative Intermediate Cover" has the same meaning as in <br /> Section 20700 of Title 27 of the California Code of Regulations. <br /> 1.8 "Amendment Commencement Date" means the date specified in <br /> Section 3.1 when Contractor shall provide all services required by <br /> this Agreement, as amended. <br /> Page 2 of 22 <br />