Agenda packet — Clovis City Council, February 11, 2025 (part 2 of 5)

Form 1

3.B: Cost and Rate Proposal
114/152 MID VALLEY DISPOSAL • 03. fInAnCIAL & COSt P r OPOSAL 247
AGENDA ITEM NO. 14.

Form 2Operating Statistics
Proposer Name: Mid-Valley Disposal, LLC
Note to proposer: Input data in yellow shaded areas only.

Recyclable
Materials
Organic
Materials
Recyclable
Materials
Organic
Materials
Ancillary
Services Other TOTAL Kitchen Caddies
for Multi-Family
Customers
Commercial
Container
Cleaning/
Exchange
Account Information
1 # of weekly accounts (customers) 36,716 36,109 821 174 0 0 N/A 2 Labor Information
2 # of regular route personnel 5.5 5.5 5.0 1.2 17.2 0.0 3 Labor hours/day/person 9.6 9.8 9.8 8.0 0.0
4 Total labor hours/year 13,728 14,014 15,288 2,995 120 120 46,265 Route Information
5 # of routes per week (including weekends) 5.50 5.50 3.00 0.60 0.00 0.00 14.6 6 # of persons per route (including weekends) 1.0 1.0 1.0 1.0 0.0 0.0 4.0 7 # of route hours/day/route (including weekends) 8.2 8.3 8.1 6.0 0.0 0.0 8 # of route hours per year per: 11,726 11,869 6,318 936 0 0 30,849 0 9 # of FTE routes 5.64 5.71 3.04 0.45 0.00 0.00 15 0.00 10 Total # of cart setouts per day for all routes 25,105 23,312 11 # of cart setouts/day/FTE route 4,453 4,085
12 # of cart setouts per week for all routes 125,525 116,560 13 # of lifts or pulls per week for all routes 1,281 197 0 0 14 # of lifts or pulls per year for all routes 66,612 10,244 0 0 0 15 # of lifts or pulls per route hour 10.54 10.94 0.00 0.00 0.00 Vehicle Information
16 # of regular collection vehicles 5.5 5.5 3.0 0.5 0.0 0.0 14.5 17 # of spare collection vehicles 0.0 1.0 1.0 0.0 0.0 0.0 2.0 18 Total # of collection vehicles 5.5 6.5 4.0 0.5 0.0 0.0 16.5 0.0 Tonnage Information (annual)
19 Recyclable Materials Collected 9,606 2,944 12,550.0
20 Organic Materials Collected 20,204 785 20,989.0
21 Materials Collected from Ancillary Services 178 178.0 22 Other Materials Collected (Specify) __special events 0 0 0 0 0 20 19.5 23 Other Materials Collected (Specify) ______________ 0 0 0 0 0 0 0.0 24 Total Collected 9,606 20,204 2,944 785 178 20 33,736.5 0 25 Processing residue disposed 1,825 1,010 442 118 0 0 3,394.7 26 Net Diverted 7,781 19,194 2,502 667 178 20 30,341.8 0 Overall Diversion Rate 89.9%
Optional ServicesCart Service Bin Service Other
Description

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Form 2

3.B: Cost and Rate Proposal
115/152 MID VALLEY DISPOSAL • 03. fInAnCIAL & COSt P r OPOSAL 248
AGENDA ITEM NO. 14.

Form 3
Proposed Labor Requirements
Proposer Name: Mid-Valley Disposal, LLC
Note to proposer: Input data in yellow shaded areas only.

Route Personnel Headcount (include fraction of employee) Cart Recyclable Materials 5.5 1.0 6.5 $27.00 $8.53
Cart Organic Matrials 5.5 1.0 6.5 $27.00 $8.53
Bin Recyclable Materials 4.0 0.8 4.8 $27.00 $8.53
Bin Organic Materials 1.2 0.0 1.2 $27.00 $8.53
Scout Service 1.0 0.0 1.0 $22.00 $8.53
Ancillary Services 0.0 0.0 0.0
Commercial Container Cleaning/Exchange 0.0 0.0 0.0
Other (Specify) ______________________________ 0.0
Other (Specify) ______________________________ 0.0
Other (Specify) ______________________________ 0.0
Subtotal Route Personnel 17.2 2.8 20.0
Other Personnel Headcount (include fraction of employee) Notes Executive Management (CEO, CFO, COO, etc.) 0.2 $100.00 $12.50 Both named Joe General Manager 0.1 $75.00 $12.50
Operations Manager 1.0 $50.00 $12.50
Service Liaison
Municipal Relations Manager
Government Liaison 0.5 $40.00 $12.50
Route Supervisor 1.0 $35.00 $12.50
Dispatcher 0.5 $22.00 $8.53
Container Distribution
Container Maintenance/Welder 0.1 $24.00 $8.53
Maintenance Supervisor
Maintenance Personnel 1.4 $32.00 $8.53
Controller 0.1 $50.00 $12.50
Safety Specialist 0.2 $35.00 $12.50
Staff Accountant 0.1 $30.00 $8.53
Office Manager 0.1 $45.00 $12.50
Human Resources 0.1 $45.00 $12.50
Accounting Clerk
Billings Clerk 0.1 $25.00 $8.53
Accounts Receivable Clerk 0.1 $25.00 $8.53
Collection Clerk
Financial Analyst
Benefits Coordinator 0.1 $30.00 $8.53
Customer Service Supervisor 0.1 $30.00 $8.53
Customer Service Representatives 2.0 $20.00 $8.53
Sales Coordinator
Recycling Manager 0.2 $40.00 $12.50
Diversion Coordinator(s) (up to 1 FTE equivalent) 1.0 $23.00 $8.53 Other (specify): __________________
Other (specify): __________________
Subtotal Other Personnel 9.0

29.0 Hauler Equivalent Position Title
Benefits
Cost/Hour
# of Regular
Personnel
# of
Casual/Pool Total Hourly Rate
Benefits
Cost/Hour
Hourly Rate
# of
Employees
District Manager
N/A
Total All Personnel

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Form 3

3.B: Cost and Rate Proposal
116/152 MID VALLEY DISPOSAL • 03. fInAnCIAL & COSt P r OPOSAL 249
AGENDA ITEM NO. 14.

Form 4
Summary of Proposed Costs
Proposer Name: Mid-Valley Disposal, LLC
Note to proposer: Input data in yellow shaded areas only.

RATE PERIOD 1
August 1, 2025 - July 31, 2026 Recyclable
Materials
Organic
Materials
Recyclable
Materials
Organic
Materials
Ancillary
Services Other TOTAL
Kitchen
Caddies for
Multi-Family
Customers
Commercial
Container
Cleaning/
Exchange
Cost of Operations
Labor-Related Costs $613,620 $613,620 $416,810 $83,362 $89,614 $12,400 $1,829,426 Vehicle-Related Costs $170,875 $170,875 $81,369 $16,274 $4,285 $0 $443,678 Fuel Costs $216,475 $243,890 $121,945 $24,389 $6,874 $0 $613,573 Other Costs $183,309 $195,000 $97,500 $19,500 $12,815 $1,000 $509,124 Direct Depreciation $268,950 $268,950 $134,475 $26,895 $0 $0 $699,270 $10,000 Total Allocated Costs - G&A and Vehicle $292,480 $294,555 $147,278 $39,456 $1,700 $0 $775,469 Total Cost of Operations $1,745,709 $1,786,890 $999,377 $209,876 $115,288 $13,400 $4,870,539 $10,000 $0 Profit $192,028 $196,558 $109,931 $23,086 $0 $0 $521,604 Pass-Through Costs
Recyclable Material Processing Costs $360,225 $88,320 $0 $0 $448,545 Organic Material Processing Costs (without bags) $642,487 $62,800 $0 $0 $705,287 Other Processing Costs $0 $0 $0 $0 $0 $0 $0
Disposal Costs (Residue) $82,131 $45,459 $19,872 $5,299 $0 $0 $152,761 Interest Expense $170,520 $170,520 $130,899 $27,550 $0 $0 $499,489 Total Pass-Through Costs $612,876 $858,466 $239,091 $95,649 $0 $0 $1,806,082 $0 $0 $2,550,613 $2,841,914 $1,348,399 $328,611 $115,288 $13,400 $7,198,225 $10,000 $0 Recyclable Material Revenue Sharing
Rebate Per Ton (1) $17.01 $17.01
Estimated Tonnage to be Collected 9,606.00 2,944.00 $213,476 AB 939/SB 1383 Fee
5% of Gross Commercial Receipts $110,227 FF and CS will be calculated once alt Public Education and Outreach
Minimum $200,000 Annually $200,000
Total Proposed Costs (organics without bags) - - - - - - - - - - - - - - - $7, 721,927 $10,000 $0 Additional Organic Material Processing Costs
(with bags, if applicable) not available 57,000$ $57,000 Total Proposed Costs (organics with bags) (2) $7,778,927 (1) Rebate per ton shown is current rebate per ton. This amount will be adjusted by the index in the Franchise Agreement prior to commencement of services. (2) If City elects for plastic bags, rates will be adjusted proportionally to the increase in costs.

Cart Service Bin Service
Total Costs before City Fees
Optional ServicesOther

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Form 4

3.B: Cost and Rate Proposal
117/152 MID VALLEY DISPOSAL • 03. fInAnCIAL & COSt PrOPOSAL 250
AGENDA ITEM NO. 14.

Form 5
Capital Requirements City of Clovis Base Services
Proposer Name: Mid-Valley Disposal, LLC
Note to proposer: Input data in yellow shaded areas only.

Actual Spare Total Actual Spare Total Actual Spare Total Vehicles
Collection Vehicles
Residential Cart Recyclable Materials 5 1 6 0 5 1 6 $2,940,000 490,000.00$ Residential Cart Organic Materials 5 1 6 0 5 1 6 $2,940,000 490,000.00$ Commercial Cart Recyclable Materials 0 0 0 0 0 N/A
Commercial Cart Organic Materials (Comingled YW/GW) 0 0 0 0 0 N/A Commercial Bin Recyclable Materials 3 3 0 3 0 3 $1,425,000 475,000.00$ Commercial Bin Organic Materials (Comingled YW/GW) 1 1 0 1 0 1 $475,000 475,000.00$ Roll-Off 0 0 0 0 0 N/A
Subtotal 14 2 16 0 0 0 14 2 16 $7,780,000
Other Vehicles
Pickup Trucks 2 2 0 2 0 2 $100,000 50,000.00$
Container Distribution 1 1 0 1 0 1 $195,000 195,000.00$ Mobile Service Truck 0 0 0 0 0 N/A
Scout 0 0 0 0 0 N/A
Other (specify): __________________ 0 0 0 0 0 N/A
Other (specify): __________________ 0 0 0 0 0 N/A
Subtotal 3 0 3 0 0 0 3 0 3 $295,000
Total Vehicle Cost $8,075,000
Containers
Carts
Recyclable Materials 96-gallon
(Commercial Customers and Residential Replacements)(1) 900 900 0 900 0 900 $46,125 51.25$ Organic Materials 96-gallon
(Commercial Customers and Residential Replacements)(1) 800 800 0 800 0 800 $41,000 51.25$ Organic Materials Reduced Volume _64___ gallons
(Commercial Customers)(1) 200 200 0 200 0 200 $9,750 48.75$ Organic Materials Reduced Volume __64___ gallons
(Commercial Customers)(1) 200 200 0 200 0 200 $9,750 48.75$ Subtotal 2100 0 2100 0 0 0 2100 0 2100 $106,625
Bins
1 cubic yard 225 225 0 225 0 225 $151,875 675.00$

1.5 cubic yards 0 0 0 0 0 0 N/A
2 cubic yards 275 275 0 275 0 275 $206,250 750.00$
3 cubic yards 300 300 0 300 0 300 $255,000 850.00$
4 cubic yards 200 200 0 200 0 200 $190,000 950.00$
5 cubic yards 0 0 0 0 0 $0 N/A
6 cubic yards 25 25 0 25 0 25 $28,750 1,150.00 $
Subtotal 1025 0 1025 0 0 0 1025 0 1025 $831,875
Other
Multi-Family Kitchen Caddies 7000 7000 0 7000 0 7000 $105,000 15.00$

Other (specify): __________________ 0 0 0 0 0 N/A
Subtotal 7000 0 7000 0 0 0 7000 0 7000 $105,000
Total Container Cost (excluding kitchane caddies) $938,500 Other Description
Offices N/A
Processing Site(s) N/A
Transfer Station N/A
Corporation Yard/Maintenance N/A
Container Storage Yard N/A
Shop Equipment $8,500 N/A
Fueling Equipment N/A
Computer and Office Equipment $14,500 N/A
Other (specify): __________________ N/A
Other (specify): __________________ N/A
Total Other Cost $23,000
Total Capital Cost $9,036,500
Quantity Total Capital Cost
Over Contract
Term (in 2024
dollars) Average Price
New Used Total
Additional stocked tool box for maintenance tech, misc shop supplies (1) Per Draft Services Agreement Section 5.6.E, Contractor shall supply all Carts and Bins for Commercial Customers and Multi-Family Customers with centralized service. The City with charge the Contractor for replacement Recyclable and Organic Materials Carts for Residential Customers with individual service for each dwelling unit.

CSR workstations, office furniture, IT and telecom infrastructure, miscellaneous office furnishings, secutiy

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Form 5

3.B: Cost and Rate Proposal
118/152 MID VALLEY DISPOSAL • 03. fInAnCIAL & COSt PrOPOSAL 251
AGENDA ITEM NO. 14.

Form 6
Rate Proposal for Residential Curbside Cart Service Customers City of Clovis Base Services Proposer Name: Mid-Valley Disposal, LLC
Compensation Rates for Regularly Scheduled Curbside Cart Service Container Size and Type Service Frequency
Current
Monthly Rate
(per Cart)
Proposed
Maximum Rate
Average # of
Service
Instances per
Month
Estimated Rate
Period One
Revenues
Recyclable Materials (96-gal Cart) 1 pick-up/week $4.03 $4.99 36,500 $2,185,620 Organic Materials (96-gal Cart) 1 pick-up/week $5.62 $6.39 35,200 $2,699,136 Recyclable Materials Reduced Volume 48 gallons 1 pick-up/week NA $4.49 200 $10,776 Organic Materials Reduced Volume 48 gallons 1 pick-up/week NA $6.09 200 $14,616 ADA customer Back Yard Service Fee (upon City request) 1 pick-up/wk $0.00 $0.00 47 $0 Estimated Residential Curbside Revenue for Rate Period One $4,910,148 Compensation Rates for Regularly Scheduled Multi-Family Bin Service Container Size and Type Service Frequency
Current
Monthly Rate
(per Unit)
Proposed
Maximum Rate
Average # of
Service
Instances per
Month
Estimated Rate
Period One
Revenues
Recyclable Materials 1 pick-up/week $2.11 $3.27 6,754 $265,027 Organic Materials 1 pick-up/week $5.67 $6.57 4,250 $335,070 Estimated Multi-Family Bin Service Revenue for Rate Period One $600,097 Note: The following compensation rates apply to multi-family residential complexes with centralized collection for garbage, recyclables, and organic materials.

Rate Period One
August 1, 2025 through July 31, 2026
Instructions to Proposer: Only enter rates and/or service level estimates into cells shaded yellow. Other rates and estimated revenues will be calculated based on these inputs.

Note: The following compensation rates apply to single-family homes as well as condominiums and townhomes with individual cart service for each dwelling unit for garbage, recyclables, and organic materials.

Rate Period One
August 1, 2025 through July 31, 2026

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Form 6

3.B: Cost and Rate Proposal
119/152 MID VALLEY DISPOSAL • 03. fInAnCIAL & COSt PrOPOSAL 252
AGENDA ITEM NO. 14.

Form 7
Rate Proposal for Commercial Solid Waste Cart & Bin Services City of Clovis Base Services Proposer Name: Mid-Valley Disposal, LLC
Rates for Regularly Scheduled Recycling Cart & Bin Service Type of Service Container Size
Service Frequency
(Pick-Ups/Week)
Current
Monthly Rate
Proposed
Maximum Monthly
Rate
Average # of
Service
Instances per
Month
Estimated Rate
Period One
Revenues
96-gal Cart 1 NA $7.90 852 $80,770
2 NA $15.10 1 $181
3 NA $0
4 NA $0
5 NA $0
6 NA $0
Sunday NA $0
1 cubic yard Bin 1 $38.72 $41.82 84 $42,152
2 $77.44 $83.64 9 $9,033
3 $116.16 $125.45 $0
4 $154.88 $167.27 $0
5 $193.60 $209.09 $0
6 $232.32 $250.91 $0
Sunday $0

1.5 cubic yard Bin 1 $58.08 $0
2 $116.16 $0
3 $174.24 $0
4 $232.32 $0
5 $290.40 $0
6 $348.48 $0
Sunday $0
2 cubic yard Bin 1 $77.44 $83.64 235 $235,851
2 $154.88 $167.27 34 $68,246
3 $232.32 $250.91 9 $27,098
4 $309.76 $334.54 1 $4,014
5 $387.20 $418.18 1 $5,018
6 $464.64 $501.81 $0
Sunday $0
3 cubic yard Bin 1 $116.16 $125.45 177 $266,462
2 $232.32 $250.91 63 $189,685
3 $348.48 $376.36 27 $121,940
4 $464.64 $501.81 15 $90,326
5 $580.80 $627.26 6 $45,163
6 $696.96 $752.72 1 $9,033
Sunday $0
4 cubic yard Bin 1 $154.88 $167.27 61 $122,442
2 $309.76 $334.54 38 $152,551
3 $464.64 $501.81 27 $162,587
4 $619.52 $669.08 8 $64,232
5 $774.40 $836.35 2 $20,072
6 $929.28 $1,003.62 11 $132,478
Sunday $0
5 cubic yard Bin 1 $193.60 $0
2 $387.20 $0
3 $580.80 $0
4 $774.40 $0
5 $968.00 $0
6 $1,161.60 $0
Sunday $0
6 cubic yard Bin 1 $232.32 $250.91 7 $21,076
2 $464.64 $501.81 3 $18,065
3 $696.96 $752.72 2 $18,065
4 $929.28 $1,003.62 $0
5 $1,161.60 $1,254.53 $0
6 $1,393.92 $1,505.43 $0
Estimated Recycling Bin Revenue for Rate Period One $1,906,540 Rates for Regularly Scheduled Organics Cart & Bin Service Recyclable Materials
Recyclable Materials
Recyclable Materials
Recyclable Materials
Recyclable Materials
Recyclable Materials
Recyclable Materials
Instructions to Proposer: Only enter rates and/or service level estimates into cells shaded yellow.

Other rates and estimated revenues will be calculated based on these inputs.

Note: The following rates apply to commercial and industrial businesses and institutions, as well as residential customers that request bin service for recyclable and/or organic materials for an individual dwelling unit (residential carts will be compensated as described in Tab 6).

Rate Period One
August 1, 2025 through July 31, 2026
Recyclable Materials

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Form 7

3.B: Cost and Rate Proposal
120/152 MID VALLEY DISPOSAL • 03. fInAnCIAL & COSt P r OPOSAL 253
AGENDA ITEM NO. 14.

Form 7
Type of Service Container Size
Service Frequency
(Pick-Ups/Week)
Current
Monthly Rate
Proposed
Maximum Monthly
Rate
Average # of
Service
Instances per
Month
Estimated Rate
Period One
Revenues
____ -gal Cart 1 NA $0
2 NA $0
3 NA $0
4 NA $0
5 NA $0
6 NA $0
96-gal Cart 1 NA $17.00 245 $49,980
2 NA $32.00 54 $20,736
3 NA $47.00 12 $6,768
4 NA $0
5 NA $0
6 NA $0
Sunday NA $0
1 cubic yard Bin 1 $46.46 $46.46 194 $108,168
2 $92.93 $92.93 3 $3,345
3 $139.39 $139.39 5 $8,364
4 $185.86 $185.86 $0
5 $232.32 $232.32 $0
6 $278.78 $278.78 $0
Sunday $0

1.5 cubic yard Bin 1 $69.70 $69.70 3 $2,509
2 $139.39 $139.39 $0
3 $209.09 $209.09 $0
4 $278.78 $278.78 $0
5 $348.48 $348.48 $0
6 $418.18 $418.18 $0
Sunday $0
2 cubic yard Bin 1 $92.93 $92.93 56 $62,448
2 $185.86 $185.86 3 $6,691
3 $278.78 $278.78 1 $3,345
4 $371.71 $371.71 $0
5 $464.64 $464.64 2 $11,151
6 $557.57 $557.57 $0
Sunday $0
3 cubic yard Bin 1 $139.39 $139.39 2 $3,345
2 $278.78 $278.78 2 $6,691
3 $418.18 $418.18 $0
4 $557.57 $557.57 $0
5 $696.96 $696.96 $0
6 $836.35 $836.35 $0
Sunday $0
4 cubic yard Bin 1 $185.86 $185.86 2 $4,461
2 $371.71 $371.71 $0
3 $557.57 $557.57 $0
4 $743.42 $743.42 $0
5 $929.28 $929.28 $0
6 $1,115.14 $1,115.14 $0
Sunday $0
5 cubic yard Bin 1 $232.32 $0
2 $464.64 $0
3 $696.96 $0
4 $929.28 $0
5 $1,161.60 $0
6 $1,393.92 $0
Sunday $0
6 cubic yard Bin 1 $278.78 $0
2 $557.57 $0
3 $836.35 $0
4 $1,115.14 $0
5 $1,393.92 $0
6 $1,672.70 $0
Estimated Organics Bin Revenue for Rate Period One $298,002 Rates for Miscellaneous Services (Per Occurrence)
Type of Service Container Size
Service Frequency
(Pick-Ups/Week) Current Rate
Proposed
Maximum Rate
Average # of
Service
Instances per
Month
Estimated Rate
Period One
Revenues
96-gal cart Per-Occurrence
Rate $5.00 1 $60
Organic Materials
Extra Pickups
Rate Period One
August 1, 2025 through July 31, 2026
Organic Materials
Organic Materials
Organic Materials
Organic Materials
Organic Materials
Organic Materials
Rate Period One
August 1, 2025 through July 31, 2026
Organic Materials
Organic Materials
(Optional Reduced Volume)

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Form 7

3.B: Cost and Rate Proposal
121/152 MID VALLEY DISPOSAL • 03. fInAnCIAL & COSt PrOPOSAL 254
AGENDA ITEM NO. 14.

Form 7
1 cubic yard container Per-Occurrence
Rate $29.27 1 $351

1.5 cubic yard container Per-Occurrence
Rate $0
2 cubic yard container Per-Occurrence
Rate $58.54 1 $703
3 cubic yard container Per-Occurrence
Rate $87.82 1 $1,054
4 cubic yard container Per-Occurrence
Rate $117.09 1 $1,405
5 cubic yard container Per-Occurrence
Rate $0
6 cubic yard container Per-Occurrence
Rate $175.63 1 $2,108
Extra Bin Delivery 1-6 cubic yards Per-Occurrence
Rate $25.00 1 $300
Extra Cart Delivery 32-gal, 64-gal, 48-gal, 96-gal cart Per-Occurrence Rate $15.00 1 $180
Estimated Miscellaneous Service Revenue for Rate Period One $6,160

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Page 9 of 10 ends

Form 7

3.B: Cost and Rate Proposal
122/152 MID VALLEY DISPOSAL • 03. fInAnCIAL & COSt PrOPOSAL 255
AGENDA ITEM NO. 14.

3.C: Revenue Share
MVD has assumed a fixed revenue of share equal to the current per ton rebate provided in the RFP of $17.01 per ton of recyclables. This amount has been reflected in the cost proposal as a pass-through cost.

Because of volatility in recycling markets and ever-changing specifications, particularly in fiber grades, MVD does not typically include rebates in hauling agreement. However, we are open to negotiating the current model, or an amended version, that the City would prefer, provided that any forecasted change be included as a pass- through in the final rate model.

3.C: Revenue Share
123/152 MID VALLEY DISPOSAL • 03. fInAnCIAL & COSt P r OPOSAL 256
AGENDA ITEM NO. 14.
4: Exceptions
MVD has reviewed the draft agreement and provided a redline version with comments in Microsoft Word format. We understand that the comments provided will be used to evaluate MVD’s proposal, and that the final Agreement is subject to negotiation with the City should MVD be selected.

Should new information or circumstances arise from the time of submittal to the time of finalizing the Agreement that require additional provisions or edits, MVD is open to working with City on amending contract language to reflect City’s goals or requirements.
4: Exceptions
124/152 MID VALLEY DISPOSAL • 04. Ex CEPt IO n S tO th E Dr A ft S E r VICE AG r EEME nt 257
AGENDA ITEM NO. 14.
5: Other Proposal Forms

5.1: Secretary’s Certificate
5: Other Proposal Forms
125/152 MID VALLEY DISPOSAL • 05. Oth Er PrOPOSAL fOrMS 258
AGENDA ITEM NO. 14.

5.2: Anti-Collusion Affidavit

5.2: Anti-Collusion Affidavit
126/152 MID VALLEY DISPOSAL • 05. Oth Er PrOPOSAL fOrMS 259
AGENDA ITEM NO. 14.

5.3: Iran Contracting Act Certification

5.3: Iran Contracting Act Certification
127/152 MID VALLEY DISPOSAL • 05. Oth Er PrOPOSAL fOrMS 260
AGENDA ITEM NO. 14.

Addendum: Request for Proposals
Addendum: Request for Proposals
128/152 MID VALLEY DISPOSAL • 05. Oth Er PrOPOSAL fOrMS 261
AGENDA ITEM NO. 14.

Addendum: Request for Proposals
129/152 MID VALLEY DISPOSAL • 05. Oth Er PrOPOSAL fOrMS 262
AGENDA ITEM NO. 14.
11/21/2024
Addendum: Request for Proposals
130/152 MID VALLEY DISPOSAL • 05. Oth Er PrOPOSAL fOrMS 263
AGENDA ITEM NO. 14.

Revisions to Sections 1.4 and 4.4
2 4
Addendum: Request for Proposals
131/152 MID VALLEY DISPOSAL • 05. Oth Er PrOPOSAL fOrMS 264
AGENDA ITEM NO. 14.
11/21/2024
Addendum: Request for Proposals
132/152 MID VALLEY DISPOSAL • 05. Oth Er PrOPOSAL fOrMS 265
AGENDA ITEM NO. 14.

City of Clovis Section 1: Introduction
RFP for Collection and Processing Services

Page 3 ends

1.4 RFP Schedule
The key activities and completion dates for the RFP process are provided in Figure 1. The RFP process is described in detail in Section 4. All questions regarding the RFP must be submitted in accordance with guidelines specified in Section 4.4.3.

Figure 1: RFP Schedule
* Note that the City may modify this process and/or schedule to best meet the needs of the City.

{Remainder of page intentionally blank}

ACTIVITY COMPLETION DATE*
City releases RFP for Collection and Processing Services October 16, 2024 Virtual pre-proposal meeting October 23, 2024 at 10:00 a.m.

Deadline to submit written questions November 6 October 30, 2024 at 4:00 p.m.

City issues response to written questions, summary of responses provided at the pre-proposal meeting, and RFP addendum, if necessary
November 13 November 6, 2024
Proposers submit proposals November 20 November 13, 2024 at 2:00 p.m.

City conducts interviews and negotiations with one or more proposers December November 2024 Recommendation of selected proposer to City Council January 2025 December 2024 Contract executed January 2025 December 2024
Selected Contractor begins providing service August 1, 2025 Addendum: Request for Proposals
133/152 MID VALLEY DISPOSAL • 05. Oth Er PrOPOSAL fOrMS 266
AGENDA ITEM NO. 14.

City of Clovis Section 4: RFP Conditions and Proposal Submittal RFP for Collection and Processing Services
P age 19
The City shall have the right (but not the obligation) to perform a review of any, or each, proposer's ability to perform the work required. Each proposer must agree to cooperate with such a review, as a failure to do so may result in the immediate disqualification of the proposal(s) submitted by proposers. Such cooperation by proposer shall apply to the verification of the proposer's capability and experience in the provision of services and any other component of work that may be required under this procurement.

The City may conduct reference checks on proposers that involve contacting municipalities currently or previously served by proposer, as well as contacting regulatory agencies involved in oversight of proposers’ facilities. In addition, the City or its consultants may research proposers’ past performance by reviewing litigation history, regulatory actions, highway driving records, and Recycling history. The proposer’s submission of a proposal shall constitute an agreement to cooperate with the City’s review.

The City will only enter into an agreement that will enable the City to comply with all applicable State mandates including, but not limited to: AB 939, AB 341, AB 1826, and SB 1383.

4.4 Proposal Submittal Process
Companies submitting proposals to the City shall follow the procedures described in this Section 4.4 and the procedures included in subsequent clarifications or addendums to this RFP, which are issued by the City or its consultant.

4.4.1 Step One – Register for Correspondence, RFP, and Announcements If you are interested in receiving future correspondence or announcements related to the City’s RFP process, please contact Sarai Yanovsky via email and request that your name be placed on the RFP distribution list. Sarai Yanovsky can be reached at [email protected]. If you do not place yourself on the RFP distribution list, any future correspondence or announcements related to this RFP may not be transmitted to you.

4.4.2 Step Two – Optional Pre-Proposal Meeting
An optional pre-proposal meeting will be held virtually on October 23, 2024 from 10:00 - 11:00 a.m. The meeting link is included in this RFP package. The City may accept proposals received from proposers who do not attend the pre-proposal meeting. Proposers are encouraged to submit questions related to the RFP and Draft Services Agreement prior to the pre-proposal meeting. In addition, oral and written questions will be accepted at the pre-proposal meeting. As appropriate, preliminary oral responses to questions will be provided at the pre-proposal meeting. Written responses to all questions will be provided as soon as possible subsequent to the pre-proposal meeting. In the event of any inconsistencies between oral and written responses, the written responses should be used for the purpose of preparing proposals. Additional questions may be submitted up to the date and time specified in Section 1.4. Written requests for clarifications will be responded to in writing and shared with all interested companies of record.

4.4.3 Step Three – Submission of Written Questions
The City directs proposers to submit all questions, requests for clarification, or requests for additional information regarding the RFP in writing to Sarai Yanovsky at [email protected] by or before 4:00 p.m. on November 6 October 30.

Addendum: Request for Proposals
134/152 MID VALLEY DISPOSAL • 05. Oth Er PrOPOSAL fOrMS 267
AGENDA ITEM NO. 14.

City of Clovis Section 4: RFP Conditions and Proposal Submittal RFP for Collection and Processing Services

Page 20 ends

Written requests for clarifications will be responded to in writing and shared with all interested companies of record on the RFP distribution list by November 13 November 6.

4.4.4 Step Four – Proposal Submittal
By submitting a proposal, all proposers agree to, and certify under penalty of perjury, under the laws of the State of California, that the certification, forms, and affidavits submitted as part of this proposal are true and correct.

The package shall be clearly labeled: PROPOSAL FOR RECYCLABLE MATERIALS AND ORGANIC MATERIALS

SERVICES
FROM:

Name of Proposer:

Address:

Contact Person:

Telephone Number:

E-mail:

In order for a proposal to be deemed complete, proposers must mail or hand-deliver a complete proposal packet (as described in Section 5) to:

City Clerk
City of Clovis
1033 Fifth Street
Clovis, CA 93612

Proposal packets must include:

1. Five (5) bound double-sided copies of the complete proposal. Proposals must be printed on 8½ inch by 11-inch 30% post-consumer Recycled content paper. All pages shall be consecutively numbered; although, each section may start with a new page number if proceeded with the section number (e.g., Page 2-1 for the first page of Section 2).

2. A flash drive containing:
a. A copy of the technical proposal as a PDF formatted for the PC version of Adobe Acrobat.
b. A copy of all completed financial proposal forms (i.e., those provided in Attachment B of the RFP) formatted for the PC version of Microsoft Excel. c. A copy of the Draft Services Agreement in track-changes mode formatted for the PC version of Microsoft Word (as applicable, and as explained in Section 5.7).

Addendum: Request for Proposals
135/152 MID VALLEY DISPOSAL • 05. Oth Er PrOPOSAL fOrMS 268
AGENDA ITEM NO. 14.

City of Clovis Section 4: RFP Conditions and Proposal Submittal RFP for Collection and Processing Services
P age 21
All proposals must be received by 2:00 p.m. on November 20 November 13, 2024 (Due Date and Time).

All proposals shall remain sealed until the Due Date and Time, and proposals may be withdrawn by the proposer prior to but not after such time. Proposals received after this time and date will be rejected.

Postmarks will not be accepted as proof of receipt. Once the deadline is reached, no further submissions will be accepted.

Upon receipt by the City, proposals shall become public records subject to public disclosure . It is the responsibility of the proposer to clearly identify any confidential, Proprietary, Trade Secret, or otherwise legally privileged information contained within the proposals (general references to sections of the California Public Records Act (PRA) will not suffice). If the proposer does not provide applicable case law that clearly establishes that the requested information is exempt from the disclosure requirements of the PRA, the City shall be free to release the information when required in accordance with the PRA, pursuant to any other Applicable Law, or by order of any court or government agency, and the proposer agrees to hold the City harmless for any such release of this information.

Once the Due Date and Time has passed, and City staff are able to immediately see the results online, City staff and/or its consultant may then begin reviewing the submissions for responsiveness, compliance, and other issues.

Each proposal must be accompanied by surety made payable to the City of Clovis in the amount of $25,000 and in the form of a certified check, cashier’s check, or bid bond. The purpose of the surety is to guarantee that the successful Contractor will execute the New Agreement with the City. If the selected Contractor does not execute the New Agreement within 30 calendar days after receiving notice of the award of the New Agreement, the City may keep the surety to offset the potential cost associated with identification of an alternate service provider and schedule delays and has the right to pursue additional and reasonable costs incurred by the City in this event. Checks and bonds will be returned to all proposers no later than 10 calendar days after the City has executed the new Services Agreement with the successful Contractor.
{Remainder of page intentionally blank}
Addendum: Request for Proposals
136/152 MID VALLEY DISPOSAL • 05. Oth Er PrOPOSAL fOrMS 269
AGENDA ITEM NO. 14.

Addendum: Request for Proposals
137/152 MID VALLEY DISPOSAL • 05. Oth Er PrOPOSAL fOrMS 270
AGENDA ITEM NO. 14.
11/21/2024
Addendum: Request for Proposals
138/152 MID VALLEY DISPOSAL • 05. Oth Er PrOPOSAL fOrMS 271
AGENDA ITEM NO. 14.

EƵŵďĞƌ YƵĞƐƚŝŽŶ ŝƚǇΖƐZĞƐƉŽŶƐĞ
ϭ ĂŶǇŽƵĐůĂƌŝĨǇƚŚĞĞǆƉĞĐƚĂƚŝŽŶŽĨĞŵƉůŽǇŝŶŐĂŶǇĨƵůůƚŝŵĞĞŵƉůŽǇĞĞƐǁŚŽ ĂƌĞŶŽŶͲĚƌŝǀĞƌƐ͍
ZĞĨĞƌƚŽ^ĞĐƚŝŽŶϱ͘ϳŽĨƚŚĞĚƌĂĨƚĂŐƌĞĞŵĞŶƚĨŽƌŬĞǇ
ƉĞƌƐŽŶŶĞů͘dŚĞƉƌŽƉŽƐĞƌƐŚĂůůƉƌŽǀŝĚĞŽŶĞ;ϭͿĨƵůůͲƚŝŵĞ ĚŝǀĞƌƐŝŽŶĐŽŽƌĚŝŶĂƚŽƌ͘
Ϯ dŚĞƌĞŝƐĂĚŝƐĐƌĞƉĂŶĐǇǁŝƚŚŝŶƚŚĞĐŽŶƚƌĂĐƚ͘ƌĞŽŶĞŽƌƚǁŽĨƵůůƚŝŵĞ ĚŝǀĞƌƐŝŽŶĐŽŽƌĚŝŶĂƚŽƌƐƌĞƋƵŝƌĞĚ͍
ZĞĨĞƌƚŽ^ĞĐƚŝŽŶϱ͘ϳŽĨƚŚĞĚƌĂĨƚĂŐƌĞĞŵĞŶƚĨŽƌŬĞǇ
ƉĞƌƐŽŶŶĞů͘dŚĞ,ĂƵůĞƌƐŚĂůůƉƌŽǀŝĚĞŽŶĞ;ϭͿĨƵůůͲƚŝŵĞ
ĚŝǀĞƌƐŝŽŶĐŽŽƌĚŝŶĂƚŽƌ͘
ϯ ,ŽǁŵĂŶǇǇĂƌĚƐŽĨĐŽŵƉŽƐƚĨŽƌĂŶŶƵĂůŐŝǀĞĂǁĂǇŝƐƚŚĞŝƚǇĞǆƉĞĐƚŝŶŐ͍ ZĞĨĞƌƚŽƚŚĞŽŵƉŽƐƚ ǀĞŶƚƚĂďůĞƵƉůŽĂĚĞĚƚŽƚŚĞ
WůĂŶĞƚŝĚƐŝŶƚŚĞΗĚĚĞŶĚĂͬ
ŵĂŝůƐΗƚĂď͘
ϰ Can you clarify the City’s expectations of the hauler when referencing the labor agreement in the RFP? Is it the City’s expectation that the successful ƉƌŽƉŽƐĞƌŵƵƐƚŚŽŶŽƌƚŚĞŽůůĞĐƚŝǀĞĂƌŐĂŝŶŝŶŐŐƌĞĞŵĞŶƚĨƌŽŵƚŚĞ ŝŶĐƵŵďĞŶƚ͍
dŚĞŝƚǇĞǆƉĞĐƚƐƚŚĞŚĂƵůĞƌƚŽĐŽŵƉůǇǁŝƚŚĐƵƌƌĞŶƚůĂďŽƌ ůĂǁ͘
ϱ ĂŶǇŽƵƐƵƉƉůǇĂĐƵƌƌĞŶƚůŝƐƚŽĨŶŽŶͲĐŽŵƉůŝĂŶƚƌĞĐǇĐůŝŶŐĐƵƐƚŽŵĞƌƐ͍ ZĞĨĞƌƚŽƚŚĞŽŵŵĞƌĐŝĂůƵƐƚŽŵĞƌ>ŝƐƚƚŚĂƚǁĂƐƉƌŽǀŝĚĞĚ ǁŝƚŚĚĚĞŶĚƵŵϮ͘dŚĞůŝƐƚƐŚŽǁƐĐƵƌƌĞŶƚƐĞƌǀŝĐĞůĞǀĞůƐ ĂŶĚǁĂŝǀĞƌƐƚĂƚƵƐ͘
ϲ dŚĞĂŐƌĞĞŵĞŶƚƐƚĂƚĞƐŚĂƵůĞƌŵƵƐƚƉƌŽǀŝĚĞĂŵŽǀĞŝŶƌĞĐǇĐůŝŶŐŬŝƚĨŽƌD&ΖƐ͘ WĂƌƚŽĨƚŚĞŬŝƚŝŶĐůƵĚĞƐĂŶΗŝŶŚŽŵĞƌĞĐǇĐůŝŶŐĐŽŶƚĂŝŶĞƌΗ͘ĂŶƚŚĞĐŝƚǇ ƉƌŽǀŝĚĞŵŽƌĞŝŶĨŽƌŵĂƚŝŽŶŽŶƚŚŝƐ͍
ZĞĨĞƌƚŽ^ĞĐƚŝŽŶϰ͘ϰŽĨƚŚĞĚƌĂĨƚĂŐƌĞĞŵĞŶƚ͘dŚĞŚĂƵůĞƌŝƐ ƌĞƋƵŝƌĞĚƚŽƉƌŽǀŝĚĞĂŬŝƚĐŚĞŶƉĂŝů͘
ϳ ŽƚŚĞĞǆŝƐƚŝŶŐD&ĐƵƐƚŽŵĞƌƐŚĂǀĞŵŽǀĞͲŝŶŬŝƚƐ͍ƌĞƚŚĞƐĞŽŶůǇƚŽďĞ ĚĞůŝǀĞƌĞĚƚŽŶĞǁƚĞŶĂŶƚƐ͍
EŽ͕D&ƐĐƵƐƚŽŵĞƌƐĚŽŶŽƚŚĂǀĞŵŽǀĞͲŝŶŬŝƚƐ͘dŚĞŚĂƵůĞƌ ƐŚŽƵůĚƉƌŽǀŝĚĞŬŝƚƐǁŝƚŚƚŚŝƐĐŽŶƚƌĂĐƚ͘
ϴ ĂŶƚŚĞĞǆƉĞŶƐĞŽĨƚŚĞŵŽǀĞͲŝŶŬŝƚƐĂŶĚŝƚƐĐŽŶƚĞŶƚƐ͕ŝŶĐůƵĚŝŶŐƚŚĞ ĐŽŶƚĂŝŶĞƌ͕ďĞĐŽŶƐŝĚĞƌĞĚWƵďůŝĐ
ĚƵĐĂƚŝŽŶĂŶĚKƵƚƌĞĂĐŚĞǆƉĞŶƐĞ͍
EŽƚĨŽƌƚŚĞ/ŶŝƚŝĂůƌŽůůŽƵƚ͕ďƵƚŝƚĐĂŶďĞĨŽƌŽŶͲŐŽŝŶŐ

ĚƵĐĂƚŝŽŶĂŶĚKƵƚƌĞĂĐŚ͘
ϵ Excel Sheet Form 0 Rates Summary states “The proposed annual cost should be no more than $1,000 different from the total rate revenue” Is this to imply that there is no profit in Year One? If that’s not the case, please clarify the above statement’s intent.

ZĞĨĞƌƚŽYƵĞƐƚŝŽŶϭϬ͘
ϭϬ
ǆĐĞů^ŚĞĞƚϰŽƐƚ^ƵŵŵĂƌǇ͗^ŚŽƵůĚƚŚĞƌĞďĞĂƉƌŽĨŝƚůŝŶĞŽŶƚŚŝƐƚĂď͍ zĞƐ͕ƌĞĨĞƌƚŽƚŚĞƌĞǀŝƐĞĚ&ŝŶĂŶĐŝĂůWƌŽƉŽƐĂůĨŽƌŵƐŝŶ WůĂŶĞƚŝĚƐƵŶĚĞƌΗĚĚĞŶĚĂͬ
ŵĂŝůƐΗƚĂď͘
ϭϭ
ǆĐĞů^ŚĞĞƚϲZĞƐŝZĂƚĞƐ͗ĂĐŬǇĂƌĚƐĞƌǀŝĐĞƌĂƚĞĐĞůůŝƐŶŽƚŚŝŐŚůŝŐŚƚĞĚŝŶ ǇĞůůŽǁĂƐĂŶŝŶƉƵƚĐĞůů͘/ƐƚŚĞƉƌŽƉŽƐĞƌƐƵƉƉŽƐĞĚƚŽƉůĂĐĞĂŶƵŵďĞƌŝŶƚŚŝƐ ĐĞůů͍ĚĚŝƚŝŽŶĂůůǇ͕ĂƌĞƚŚĞϰϳĂĐĐŽƵŶƚƐŝŶƚŚĞĨŽƌŵƚŚĞĂĐĐƵƌĂƚĞŶƵŵďĞƌ͕Žƌ ǁĂƐŝƚĂŶƵŵďĞƌĨƌŽŵĂƉƌŝŽƌZ&W͍
ZĞĨĞƌƚŽƚŚĞƌĞǀŝƐĞĚ&ŝŶĂŶĐŝĂůWƌŽƉŽƐĂůĨŽƌŵƐŝŶWůĂŶĞƚŝĚƐ ƵŶĚĞƌΗĚĚĞŶĚĂͬ
ŵĂŝůƐΗƚĂď͘
ϭϮ WĂŐĞϰŽĨƚŚĞZ&WŝŶĚŝĐĂƚĞƐƚŚĂƚƚŚĞƌĞĂƌĞϯϲϭϵƵŶŝƚƐƚŚĂƚĂƌĞŝŶϮͲϰƵŶŝƚ ďƵŝůĚŝŶŐƐ͍ƌĞƚŚĞƐĞƐĞƌǀŝĐĞĚǁŝƚŚŝŶĚŝǀŝĚƵĂůĐĂƌƚƐ͕ŽƌĐĞŶƚƌĂůŝǌĞĚďŝůůŝŶŐ͍ &ŝŐƵƌĞϯŝƐĂŶŽǀĞƌǀŝĞǁŽĨƚŚĞŝƚǇƵƐŝŶŐĞƉĂƌƚŵĞŶƚŽĨ &ŝŶĂŶĐĞĚĂƚĂ͘ZĞĨĞƌƚŽƚŚĞΗŽŵŵĞƌĐŝĂůƵƐƚŽŵĞƌĐĐŽƵŶƚ >ŝƐƚΗƉƌŽǀŝĚĞĚŝŶĚĚĞŶĚƵŵϭ͘
ϭϯ WĂŐĞϰŽĨƚŚĞZ&WŝŶĚŝĐĂƚĞƐƚŚĂƚƚŚĞƌĞĂƌĞϲϲϴϲ&ŝǀĞнƵŶŝƚƐ͘ƌĞƚŚĞƐĞ ƐĞƌǀŝĐĞĚǁŝƚŚŵĞƚĂůďŝŶƐĂŶĚĐĞŶƚƌĂůŝǌĞĚďŝůůŝŶŐ͍
ƵƌƌĞŶƚƐĞƌǀŝĐĞŵĂǇǀĂƌǇ͘ZĞĨĞƌƚŽƚŚĞΗŽŵŵĞƌĐŝĂů
ƵƐƚŽŵĞƌĐĐŽƵŶƚƐ>ŝƐƚΗƉƌŽǀŝĚĞĚŝŶĚĚĞŶĚƵŵϭ͘
ϭϰ dŚĞZ&WŝŶĚŝĐĂƚĞƐƚŚĂƚŝŶƚŚĞĨŝƌƐƚǇĞĂƌΨϮϬϬ͕ϬϬϬŵƵƐƚďĞƐƉĞŶƚŽŶWƵďůŝĐ

ĚƵĐĂƚŝŽŶĂŶĚKƵƚƌĞĂĐŚ͘/ƐƚŚĞΨϮϬϬ͕ϬϬϬƚŚĞĞǆƉĞĐƚĞĚĂŵŽƵŶƚŝŶĂůů ƐƵďƐĞƋƵĞŶƚǇĞĂƌƐŽĨƚŚĞŐƌĞĞŵĞŶƚ͕ŽƌŝƐƚŚĞƉƌŽƉŽƐĞƌƚŽŝŶĚŝĐĂƚĞĂŶ ĂŵŽƵŶƚƚŚĂƚŝƚĨĞĞůƐŝƐĂĚĞƋƵĂƚĞĨŽƌĞĨĨĞĐƚŝǀĞWƵďůŝĐKƵƚƌĞĂĐŚĂŶĚ

ĚƵĐĂƚŝŽŶ͍
dŚĞŝƚǇΖƐŝŶƚĞŶƚŝƐĨŽƌŽŶͲŐŽŝŶŐĂŶŶƵĂůďƵĚŐĞƚƚŽďĞďƵŝůƚ ŝŶƚŽƚŚĞƌĂƚĞƐ͘,ŽǁĞǀĞƌ͕ƚŚĞƉƌŽƉŽƐĞƌŚĂƐƚŚĞĂďŝůŝƚǇƚŽ ŝŶĚŝĐĂƚĞƚŚĞĂŵŽƵŶƚŝƚĨĞĞůƐŝƐĂĚĞƋƵĂƚĞĨŽƌĞĨĨĞĐƚŝǀĞ WƵďůŝĐKƵƚƌĞĂĐŚĂŶĚ
ĚƵĐĂƚŝŽŶ͘dŚĞŝƚǇǁŝůůƌĞƋƵŝƌĞ
ĞǆƉĞŶƐĞƌĞƉŽƌƚƐĨŽƌƚŚŝƐŝƚĞŵ͘
ϭϱ
ǆĐĞů^ŚĞĞƚϰŽƐƚ^ƵŵŵĂƌǇĂůƌĞĂĚǇŚĂƐĂƌĞǀĞŶƵĞƐŚĂƌĞĂŵŽƵŶƚŽĨΨϭϳ͘Ϭϭ ŝŶƚŚĞĨŽƌŵ͘/ƚŝƐŶŽƚŚŝŐŚůŝŐŚƚĞĚŝŶǇĞůůŽǁĂƐĂŶŝŶƉƵƚĐĞůů͘/ƐƚŚĞΨϭϳ͘ϬϭĂ ĨŝƌƐƚǇĞĂƌƌĞǀĞŶƵĞƐŚĂƌĞŶƵŵďĞƌŽƌĂƌĞǁĞƐƵƉƉŽƐĞĚƚŽƉƌŽƉŽƐĞĂƌĞǀĞŶƵĞ ƐŚĂƌĞŶƵŵďĞƌ͍
dŚĞĐƵƌƌĞŶƚǀĂůƵĞŽĨΨϭϳ͘ϬϭŝƐƚŚĞĨŝƌƐƚǇĞĂƌƌĞǀĞŶƵĞ
ǁŝƚŚŽƵƚƚŚĞĐŚĂŶŐĞŝŶƚŚĞĂǀĞƌĂŐĞĐŽŶƐƵŵĞƌƉƌŝĐĞŝŶĚĞǆ͘ dŚĞƉƌŽƉŽƐĞƌĐĂŶƉƌŽƉŽƐĞĂƌĞǀĞŶƵĞƐŚĂƌĞŶƵŵďĞƌƚŚĂƚ
ŝŶĐůƵĚĞƐƚŚĞĂǀĞƌĂŐĞĐŽŶƐƵŵĞƌƉƌŝĐĞŝŶĚĞǆ͘
ϭϲ Excel Sheet 7 Bin Rates: The comment in the “Current Monthly Rate” states “Proposal shall not exceed following percentages of refuse rates: Recycling = 50% refuse rate. Organics = 60%”. The RFP and Draft Agreement state that ƌĂƚĞƐĐĂŶŶŽƚĞǆĐĞĞĚϲϬйĨŽƌďŽƚŚƐĞƌǀŝĐĞƐ͘KƵƌĂƐƐƵŵƉƚŝŽŶŝƐƚŚĞϲϬйĨŽƌ ďŽƚŚƐĞƌǀŝĐĞƐ͕ďƵƚƉůĞĂƐĞĐŽŶĨŝƌŵ͘
dŚĞĐƵƌƌĞŶƚƌĂƚĞƐĂƌĞсϱϬйͬϲϬй͕dŚĞƉƌŽƉŽƐĂůŵĂǇďĞƵƉ ƚŽϲϬйͬϲϬй͘dŚĞ
ǆĐĞů^ŚĞĞƚŚĂƐďĞĞŶƌĞǀŝƐĞĚŝŶƚŚĞ
ĚĚĞŶĚƵŵϯͲZĞǀŝƐĞĚƚƚĂĐŚŵĞŶƚ&ŝŶĂŶĐŝĂůƉƌŽƉŽƐĂů
&ŽƌŵƐ͘
ϭϳ Excel Sheet 7 Bin Rates: The comment in the “Current Monthly Rate” states “The City is charging $77.44 per yard/week for refuse”. Does that mean that ĂŽŶĞĐƵďŝĐǇĂƌĚǁŝƚŚŽŶĐĞǁĞĞŬůǇƐĞƌǀŝĐĞďŝŶƌĂƚĞŝƐ;ϭyΨϳϳ͘ϰϰyϱϮͿͬϭϮс Ψϯϯϱ͘ϱϳƉĞƌŵŽŶƚŚ͍KƌŝƐƚŚĞΨϳϳ͘ϰϰĂŵŽŶƚŚůǇƌĂƚĞĨŽƌĂŽŶĞͲĐƵďŝĐǇĂƌĚ ďŝŶƌĞĐĞŝǀŝŶŐŽŶĐĞǁĞĞŬůǇƐĞƌǀŝĐĞ͍
dŚĞůĂƚƚĞƌ͕Ψϳϳ͘ϰϴŝƐŵŽŶƚŚůǇƌĂƚĞĨŽƌŽŶĞĐƵďŝĐǇĂƌĚ
ƌĞĐĞŝǀŝŶŐƐĞƌǀŝĐĞŽŶĐĞƉĞƌǁĞĞŬ͘
ϭϴ dŚĞŝƚǇŽĨůŽǀŝƐĐƵƌƌĞŶƚůǇƐƵƉƉůŝĞƐĂůůŽĨƚŚĞĐĂƌƚƐǁŝƚŚŝŶƚŚĞĐŝƚǇ͘dŚĞ ĐƵƌƌĞŶƚŚĂƵůĞƌŽŶůǇƐƵƉƉůŝĞƐŵĞƚĂůďŝŶƐ͘/ƐƚŚĞŝƚǇŽĨůŽǀŝƐŐŽŝŶŐƚŽƌĞŵŽǀĞ ƚŚĞŝƌĐĂƌƚƐĨƌŽŵDƵůƚŝͲ&ĂŵŝůǇ͕ĞƚĐ͘ĂŶĚŚĂǀĞƚŚĞŚĂƵůĞƌƉƵƚƚŚĞŝƌƐŝŶ͍ ĂƌƚƐƚŚĂƚĂƌĞƉůĂĐĞĚďǇƚŚĞŝƚǇĂƌĞďĞŝŶŐďŝůůĞĚďǇƚŚĞ ŝƚǇ͘dŚŝƐƐĞƌǀŝĐĞǁŝůůƌĞŵĂŝŶƵŶƚŝůƚŚĞ,ĂƵůĞƌĂŶĚŝƚǇ ƉƌŽǀŝĚĞΗZŝŐŚƚͲ^ŝǌŝŶŐΗ͘ZŝŐŚƚͲ^ŝǌŝŶŐŝƐĚĞĨŝŶĞĚĂƐƚŚĞ ƉƌŽĐĞƐƐŽĨĂĚũƵƐƚŝŶŐǇŽƵƌǁĂƐƚĞĐŽůůĞĐƚŝŽŶƐĞƌǀŝĐĞƐƚŽ ŵĂƚĐŚƚŚĞĂŵŽƵŶƚĂŶĚƚǇƉĞŽĨǁĂƐƚĞƚŚĞďƵƐŝŶĞƐƐ
ƉƌŽĚƵĐĞƐ͘
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Addendum: Request for Proposals
139/152 MID VALLEY DISPOSAL • 05. Oth Er PrOPOSAL fOrMS 272
AGENDA ITEM NO. 14.
ϭϵ /ŶŽƌĚĞƌƚŽĐŽŵƉůǇǁŝƚŚ^ϭϯϴϯ͕ƚŚĞŚĂƵůĞƌǁŝůůŶĞĞĚƚŽĐŽŶƚĂĐƚƚŚĞ ƌĞƐŝĚĞŶƚƐĨŽƌĞĚƵĐĂƚŝŽŶĂůƉƵƌƉŽƐĞƐĂŶĚĨŽƌĐŽŵƉůŝĂŶĐĞ͘ĞĐĂƵƐĞƚŚĞŝƚǇ ƉƌŽǀŝĚĞƐƚŚĞƌĞƐŝĚĞŶƚŝĂůďŝůůŝŶŐ͕ŝƐƚŚĞŝƚǇĂďůĞƚŽŐŝǀĞƚŚĞŚĂƵůĞƌƚŚĞĐŽŶƚĂĐƚ ŝŶĨŽƌŵĂƚŝŽŶĨŽƌƚŚĞƌĞƐŝĚĞŶĐĞƐ͍
zĞƐ͕ƚŚĞŝƚǇǁŝůůƉƌŽǀŝĚĞĂƐŶĞĞĚĞĚ͘
ϮϬ ƚƚĂĐŚŵĞŶƚ&ͲϭƐŚŽǁƐƚŚĞŝƚǇ&ĂĐŝůŝƚŝĞƐ͘^ŽŵĞŽĨƚŚŽƐĞĨĂĐŝůŝƚŝĞƐĚŽŶŽƚ ƐŚŽǁĂŶǇƌĞĐǇĐůŝŶŐŽƌŽƌŐĂŶŝĐƐƐĞƌǀŝĐĞ͘ĂŶǇŽƵĐŽŶĨŝƌŵǁŚĞƚŚĞƌŽƌŶŽƚƚŚĞǇ ǁŝůůƌĞƋƵŝƌĞƚŚŽƐĞƐĞƌǀŝĐĞƐ͕ĂŶĚĂƚǁŚĂƚůĞǀĞůŝĨƐŽ͍
/ƚŝƐĂŶƚŝĐŝƉĂƚĞĚƚŚĂƚƚŚĞŝƚǇ&ĂĐŝůŝƚŝĞƐǁŝůůŶĞĞĚƐĞƌǀŝĐĞ͘ dŚĞŚĂƵůĞƌŝƐĞǆƉĞĐƚĞĚƚŽƉƌŽǀŝĚĞZŝŐŚƚͲ^ŝǌŝŶŐ͘
Ϯϭ Who will be reviewing the proposers’ financial statements, just the City or ƚŚĞŝƚǇĂŶĚƚŚĞŽŶƐƵůƚĂŶƚ͍tŚĂƚĂƐƐƵƌĂŶĐĞƐĐĂŶďĞŐŝǀĞŶƚŽƚŚĞƉƌŽƉŽƐĞƌƐ ƚŚĂƚƚŚĞŝƌĨŝŶĂŶĐŝĂůŝŶĨŽƌŵĂƚŝŽŶƌĞŵĂŝŶƐĐŽŶĨŝĚĞŶƚŝĂů͍
ůůŝŶĨŽƌŵĂƚŝŽŶƐƵďŵŝƚƚĞĚŝŶƌĞƐƉŽŶƐĞƚŽƚŚĞZ&WŝƐƐƵďũĞĐƚ ƚŽƚŚĞWƵďůŝĐZĞĐŽƌĚƐĐƚƌĞƋƵĞƐƚƐ͘/ĨƚŚĞŝƚǇŝƐĂƐŬĞĚƚŽ ƉƌŽǀŝĚĞĂĐŽƉǇŽĨƚŚĞƉƌŽƉŽƐĂů;ƐͿ͕ƚŚĞŝƚǇǁŝůůŶŽƚŝĨǇƚŚĞ ƉƌŽƉŽƐĞƌĂŶĚŐŝǀĞƚŚĞŵƚŝŵĞƚŽŵĂƌŬƐĞŶƐŝƚŝǀĞ
ŝŶĨŽƌŵĂƚŝŽŶĂƐƉƌŽƉƌŝĞƚĂƌǇĂŶĚĐŽŶĨŝĚĞŶƚŝĂů͘ŝƚǇǁŝůů ƌĞǀŝĞǁĂŶĚĞǀĂůƵĂƚĞǁŚĂƚƚŚĞƉƌŽƉƌŽƐĞƌƚŚŝŶŬƐƐŚŽƵůĚďĞ ƌĞĚĂĐƚĞĚĨƌŽŵƚŚĞƉƌŽƉŽƐĂůƐŚĂƌĞĚǁŝƚŚŽƚŚĞƌƐĂŶĚ
ǁŚĞƚŚĞƌŝƚŝƐƚƌƵůǇƉƌŽƉƌŝĞƚĂƌǇͬƚƌĂĚĞƐĞĐƌĞƚŝŶĨŽƌŵĂƚŝŽŶ ĞǆĞŵƉƚĨƌŽŵĚŝƐĐůŽƐƵƌĞƵŶĚĞƌƚŚĞWƵďůŝĐZĞĐŽƌĚƐĐƚ͘
ϮϮ ƌĞƐƐŝƐƚĞĚ>ŝǀŝŶŐ&ĂĐŝůŝƚŝĞƐĐŽŶƐŝĚĞƌĞĚDƵůƚŝͲ&ĂŵŝůǇhŶŝƚƐŽƌŽŵŵĞƌĐŝĂů ƵƐŝŶĞƐƐĞƐ͍
dŚĞǇĂƌĞĐŽŶƐŝĚĞƌĞĚŽŵŵĞƌĐŝĂů͘
Ϯϯ ƌĞEƵƌƐŝŶŐ,ŽŵĞƐĐŽŶƐŝĚĞƌĞĚDƵůƚŝͲ&ĂŵŝůǇhŶŝƚƐŽƌŽŵŵĞƌĐŝĂů ƵƐŝŶĞƐƐĞƐ͍
dŚĞǇĂƌĞĐŽŶƐŝĚĞƌĞĚŽŵŵĞƌĐŝĂů͘
Ϯϰ ƌĞ^ĞŶŝŽƌ>ŝǀŝŶŐ&ĂĐŝůŝƚŝĞƐĐŽŶƐŝĚĞƌĞĚDƵůƚŝͲ&ĂŵŝůǇhŶŝƚƐŽƌŽŵŵĞƌĐŝĂů ƵƐŝŶĞƐƐĞƐ͍
dŚĞǇĂƌĞĐŽŶƐŝĚĞƌĞĚŽŵŵĞƌĐŝĂů͘
Ϯϱ /ŶƚŚĞĚƌĂĨƚĂŐƌĞĞŵĞŶƚ͕ŝƚƐƚĂƚĞƐƚŚĂƚĂůůĐŽŵŵĞƌĐŝĂůĐƵƐƚŽŵĞƌƐƐŚŽƵůĚŚĂǀĞ ƚŚĞŝƌŶĞǁĐŽŶƚĂŝŶĞƌƐƌĞĂĚǇƚŽƐƚĂƌƚƐĞƌǀŝĐĞĂƚƚŚĞĐŽŵŵĞŶĐĞŵĞŶƚŽĨƚŚĞ ĐŽŶƚƌĂĐƚ͘,ŽǁĞǀĞƌ͕ŝŶŽƚŚĞƌƉůĂĐĞ͕ƚŚĞĚƌĂĨƚĂŐƌĞĞŵĞŶƚŝŶĚŝĐĂƚĞƐƚŚĂƚƚŚĞ ŶĞǁĐŽŶƚƌĂĐƚŽƌǁŝůůŚĂǀĞϯϬĚĂǇƐƚŽŝŵƉůĞŵĞŶƚƚŚŝƐ͘ĂŶƚŚĞĐŝƚǇƉƌŽǀŝĚĞ ĐůĂƌŝĨŝĐĂƚŝŽŶŽŶǁŚĂƚŝƐĞǆƉĞĐƚĞĚ͍;ƐĞĞ^ĞĐƚŝŽŶϱ͘ϲ͘Ͳ͕WĂŐĞƐϯϭͲϯϮ͕Θ

ǆŚŝďŝƚͲϮͿ͘
ZĞĨĞƌƚŽ^ĞĐƚŝŽŶϱ͘ϲŽĨƚŚĞĚƌĂĨƚĂŐƌĞĞŵĞŶƚ͘dŚŝƐƐĞĐƚŝŽŶ ƐƚĂƚĞƐ͕KŶŽƌďĞĨŽƌĞƚŚĞŽŵŵĞŶĐĞŵĞŶƚĂƚĞ͕ƚŚĞ
ĐŽŶƚƌĂĐƚŽƌƐŚĂůůƉƌŽǀŝĚĞƵƐƚŽŵĞƌƐƌĞĐĞŝǀŝŶŐďŝŶƐŽƌĐĂƌƚ ƐĞƌǀŝĐĞǁŝƚŚƌĞĨƵƌďŝƐŚĞĚŽƌůŝŬĞͲŶĞǁďŝŶƐŽƌĐĂƌƚƐĂƐ
ƌĞƋƵĞƐƚĞĚďǇƚŚĞƵƐƚŽŵĞƌƚŚĂƚŵĞĞƚƐƚŚĞĚĞƐŝƌĞĚ^ĞƌǀŝĐĞ >ĞǀĞů͘
Ϯϲ /ƐƚŚĞŝƚǇƌĞƋƵŝƌŝŶŐĂŶĂƵƚŽĞŶƌŽůůŵĞŶƚŽĨŽƌŐĂŶŝĐĂŶĚƌĞĐǇĐůŝŶŐƐĞƌǀŝĐĞĨŽƌ ŵƵůƚŝͲĨĂŵŝůǇĂŶĚĐŽŵŵĞƌĐŝĂůƉƌŽƉĞƌƚŝĞƐ͍&ŽƌƉƵƌƉŽƐĞƐŽĨĂŶƐǁĞƌŝŶŐƚŚŝƐ ƋƵĞƐƚŝŽŶ͕ĂƵƚŽͲĞŶƌŽůůŵĞŶƚǁŽƵůĚďĞĚĞĨŝŶĞĚĂƐĞĂĐŚĐŽŵŵĞƌĐŝĂůĂŶĚŵƵůƚŝͲ ĨĂŵŝůǇĐƵƐƚŽŵĞƌŝƐƚŽƌĞĐĞŝǀĞĂŶŽƌŐĂŶŝĐĂŶĚƌĞĐǇĐůŝŶŐĐŽŶƚĂŝŶĞƌƵŶůĞƐƐ ŝƐƐƵĞĚĂǁĂŝǀĞƌďǇƚŚĞĐŝƚǇ͘
EŽ͕ƚŚĞŝƚǇŝƐƌĞƋƵŝƌŝŶŐƉƌŽƉĞƌƚŝĞƐƚŽƵŶĚĞƌŐŽZŝŐŚƚͲ^ŝǌŝŶŐ ďǇƚŚĞŚĂƵůĞƌ͘WƌŽƉĞƌƚŝĞƐƚŚĂƚĂƌĞŽƵƚŽĨĐŽŵƉůŝĂŶĐĞǁŝƚŚ ƚŚĞŽƌĚŝŶĂŶĐĞǁŝůůďĞƐƵďũĞĐƚƚŽĞŶĨŽƌĐĞŵĞŶƚĂĐƚŝŽŶƐ͘
Ϯϳ /ŶƐĞĐƚŝŽŶϱ͘ϳ͕ϯŽĨƚŚĞĚƌĂĨƚĂŐƌĞĞŵĞŶƚ͕ŝƚƐƚĂƚĞƐƚŚĂƚƚŚĞĐŽŶƚƌĂĐƚƐŚŽƵůĚ hire the diversion coordinator who will “assist in contacting all Multi-Family ĂŶĚŽŵŵĞƌĐŝĂůƵƐƚŽŵĞƌƐƉƌŝŽƌƚŽƚŚĞŽŵŵĞŶĐĞŵĞŶƚĂƚĞƚŽĚĞƚĞƌŵŝŶĞ service.” Does this refer to existing multi-family and commercial customers ƵŶĚĞƌƚŚĞĐƵƌƌĞŶƚŚĂƵůĞƌ͍KƌĚŽĞƐƚŚŝƐƌĞĨĞƌƚŽĂůůŵƵůƚŝͲĨĂŵŝůǇƉƌŽƉĞƌƚŝĞƐ ĂŶĚĐŽŵŵĞƌĐŝĂůĐƵƐƚŽŵĞƌƐƚŚĂƚĚŽŶŽƚŚĂǀĞĞǆŝƐƚŝŶŐƌĞĐǇĐůŝŶŐĂŶĚŽƌŐĂŶŝĐ ƐĞƌǀŝĐĞ͍
ůůƉƌŽƉĞƌƚŝĞƐƐŚŽƵůĚďĞĐŽŶƚĂĐƚĞĚĨŽƌZŝŐŚƚͲ^ŝǌŝŶŐ͘WƌŝŽƌƚŽ ĐŽŵŵĞŶĐĞŵĞŶƚ͕ĞǆŝƐƚŝŶŐĐƵƐƚŽŵĞƌƐŚŽƵůĚďĞĐŽŶƚĂĐƚĞĚ
ĨŽƌƚƌĂŶƐŝƚŝŽŶƐĞƌǀŝĐĞƐ͘
Ϯϴ dŚĞZ&WƐƉĞĐŝĨŝĞƐƚŚĂƚƚŚĞƌĞĂƌĞϵϯϴŵŽďŝůĞŚŽŵĞƐǁŝƚŚŝŶƚŚĞĐŝƚǇ͘dŚĞƐĞ ĂĐĐŽƵŶƚƐĂƌĞŶŽƚůŝƐƚĞĚŝŶƚŚĞĐŽŵŵĞƌĐŝĂůĐƵƐƚŽŵĞƌĂĐĐŽƵŶƚůŝƐƚƉƌŽǀŝĚĞĚ͘ ŽĞƐƚŚĞĐŝƚǇƌĞƋƵŝƌĞƚŚĂƚŵŽďŝůĞŚŽŵĞƐďĞƐĞƌǀŝĐĞĚǁŝƚŚƌĞƐŝĚĞŶƚŝĂůĐĂƌƚ ƐĞƌǀŝĐĞ͍KƌǁŝůůƐŽŵĞŽĨƚŚĞŵŽďŝůĞŚŽŵĞƐďĞƐĞƌǀŝĐĞĚǁŝƚŚĐĞŶƚƌĂůŝǌĞĚďŝŶ ƐĞƌǀŝĐĞ͍ƌĞƚŚĞƌĞƐŝǌĞƐƉĞĐŝĨŝĐĂƚŝŽŶƐŽĨŽƌŐĂŶŝĐǁĂƐƚĞ͍ dŚĞ,ĂƵůĞƌĂŶĚƚŚĞŝƚǇ,ĂƵůĞƌƚŽĞǀĂůƵĂƚĞĂŶĚŵĂŬĞƚŚĞ ΗZŝŐŚƚ^ŝǌŝŶŐΗ͘
Ϯϵ /ƐŝƚƚŚĞĞǆƉĞĐƚĂƚŝŽŶŽĨƚŚĞĐŝƚǇƚŚĂƚϮͲϰƵŶŝƚŵƵůƚŝͲĨĂŵŝůǇĚǁĞůůŝŶŐƐǁŝůů ƌĞĐĞŝǀĞƌĞƐŝĚĞŶƚŝĂůĐĂƌƚƐĞƌǀŝĐĞ͍/ĨƐŽ͕ǁŝůůĞĂĐŚƵŶŝƚďĞďŝůůĞĚƚŚĞϯͲĐĂƌƚƐŝŶŐůĞ ĨĂŵŝůǇƌĂƚĞ͍/ĨĂŵƵůƚŝͲĨĂŵŝůǇĚǁĞůůŝŶŐŚĂƐϱнƵŶŝƚƐ͕ǁŝůůƚŚĞǇďĞƌĞƋƵŝƌĞĚƚŽ ŚĂǀĞĐĞŶƚƌĂůŝǌĞĚďŝŶƐĞƌǀŝĐĞ͍/ĨƐŽ͕ǁŝůůƚŚĞďŝůůŝŶŐƉƌŽĐĞƐƐďĞŝĚĞŶƚŝĐĂůƚŽƚŚĞ ĐƵƌƌĞŶƚĂŐƌĞĞŵĞŶƚ͍dŚĞƌĞŝƐĐŽŶĨƵƐŝŽŶŽǀĞƌŚŽǁƚŽďŝůůĂŶĚŚŽǁƚŽƉƌŽƉŽƐĞ ĂƌĂƚĞĨŽƌĐĞŶƚƌĂůŝǌĞĚďŝŶƐĞƌǀŝĐĞ͘tĞǁŽƵůĚĂƉƉƌĞĐŝĂƚĞĐůĂƌŝĨŝĐĂƚŝŽŶŽŶŚŽǁ ƚŚŝƐƌĂƚĞŝƐƚŽďĞĚĞǀĞůŽƉĞĚ͘
dŚĞŝƚǇĚŽĞƐŶŽƚĞǆƉĞĐƚƚŚĞŚĂƵůĞƌƚŽƉƌŽǀŝĚĞϵϲͲŐĂůůŽŶ ƌĞĐǇĐůŝŶŐĂŶĚŽƌŐĂŶŝĐƐƐĞƌǀŝĐĞƐƚŽŵƵůƚŝͲĨĂŵŝůǇĚǁĞůůŝŶŐƐ͘ dŚĞŝƚǇǁŽƵůĚůŝŬĞŚĂƵůĞƌƚŽƉĞƌĨŽƌŵZŝŐŚƚͲ^ŝǌŝŶŐƚŽŵƵůƚŝͲ ĨĂŵŝůǇĂĐĐŽƵŶƚƐϮͲϰĂŶĚϱŽƌŵŽƌĞƵŶŝƚƐ͘dŚĞŚĂƵůĞƌƐŚŽƵůĚ ĂƐƐĞƐƐŵƵůƚŝͲĨĂŵŝůǇĂĐĐŽƵŶƚƐĂŶĚƉƌŽǀŝĚĞƌĞĐǇĐůŝŶŐĂŶĚ ŽƌŐĂŶŝĐƐƐĞƌǀŝĐĞƐƵƐŝŶŐĐĂƌƚƐŽƌďŝŶƐ͘dŚĞŝƚǇĂŶƚŝĐŝƉĂƚĞƐ ƚŚĞƉƌŽƉŽƐĞƌŶŽƚƚŽĞǆĐĞĞĚϲϬйŽĨƚŚĞĐŽŵŵĞƌĐŝĂůĐĂŶ
ƌĂƚĞ͘ŝƚǇƚŽƉƌŽǀŝĚĞƌĂƚĞ͘
ϯϬ dŚĞZ&WƐƚĂƚĞƐƚŚĂƚĐŽŶƚƌĂĐƚŽƌƐŚŽƵůĚƉƌŽǀŝĚĞƌĞĐǇĐůŝŶŐĂŶĚŽƌŐĂŶŝĐ ĐŽůůĞĐƚŝŽŶƐĞƌǀŝĐĞƐƚŽĂůůĐŽŵŵĞƌĐŝĂůĞŶƚŝƚŝĞƐĞǆĐĞƉƚĨŽƌƚŚŽƐĞƚŚĂƚĂƌĞ ĂƉƉƌŽǀĞĚĨŽƌǁĂŝǀĞƌĞǆĐĞƉƚŝŽŶƐƵƉŽŶƚŚĞĐŽŵŵĞŶĐĞŵĞŶƚŽĨƚŚĞĐŽŶƚƌĂĐƚ͘ ŽĞƐƚŚĞĐŝƚǇŚĂǀĞĂŶĂŶƚŝĐŝƉĂƚĞĚĐŽƵŶƚŽĨĐŽŵŵĞƌĐŝĂůĂĐĐŽƵŶƚƐƚŚĂƚǁŝůůďĞ ĞǆĐůƵĚĞĚĨƌŽŵƐĞƌǀŝĐĞ͍tŝůůƚŚĞŶĞǁĐŽŶƚƌĂĐƚŽƌďĞƌĞƋƵŝƌĞĚƚŽƐƵďŵŝƚ ƐƵŐŐĞƐƚĞĚǁĂŝǀĞƌĐƵƐƚŽŵĞƌƐƚŽƚŚĞĐŝƚǇƉƌŝŽƌƚŽƚŚĞĐŽŵŵĞŶĐĞŵĞŶƚŽĨƚŚĞ ĐŽŶƚƌĂĐƚ͍
zĞƐ͕ƚŚĞŝƚǇŚĂƐĂůŝƐƚŽĨĐŽŵŵĞƌĐŝĂůĂĐĐŽƵŶƚƐǁŝƚŚ^ ϭϯϴϯǁĂŝǀĞƌƐĂŶĚϯϰϭĞǆĞŵƉƚŝŽŶƐ͘
dŚĞĐŝƚǇŚĂƐĂƉƉƌŽǀĞĚĂŶĚƚƌĂĐĞĚƚŚĞ^ϭϯϴϯǁĂŝǀĞƌƐĂŶĚ ZĞƉƵďůŝĐ^ĞƌǀŝĐĞƐŚĂƐůŝƐƚĞĚƚŚĞĂĐĐŽƵŶƚƐǁŝƚŚĞǆĞŵƉƚŝŽŶƐ ĨŽƌƌĞĐǇĐůŝŶŐƐĞƌǀŝĐĞƐ͘ZĞĨĞƌƚŽĂĚĚĞŶĚƵŵĂƚƚĂĐŚŵĞŶƚ͘
ZĞĨĞƌƚŽƌĞƐƉŽŶƐĞƚŽƋƵĞƐƚŝŽŶϮϳƌĞŐĂƌĚŝŶŐƉƌŝŽƌƚŽ
ĐŽŵŵĞŶĐĞŵĞŶƚ͘
Addendum: Request for Proposals
140/152 MID VALLEY DISPOSAL • 05. Oth Er PrOPOSAL fOrMS 273
AGENDA ITEM NO. 14.
ϯϭ /ŶƚŚĞZ&W͕ƐĞĐƚŝŽŶϯ͘ϰ͘Ϯ͕ŝƚƐƚĂƚĞƐƚŚĂƚƚŚĞĐŽŶƚƌĂĐƚŽƌǁŝůůďĞƌĞƋƵŝƌĞĚƚŽ ĚĞĚŝĐĂƚĞĂŐŽǀĞƌŶŵĞŶƚůŝĂŝƐŽŶ͕ƐĞƌǀŝĐĞůŝĂŝƐŽŶ͕ĂŶĚĚŝǀĞƌƐŝŽŶĐŽŽƌĚŝŶĂƚŽƌ;ƐͿ ƚŽƚŚĞŝƚǇŽĨůŽǀŝƐ͘/ƚĂůƐŽƐƚĂƚĞƐƚŚĂƚƚŚĞƐĞƐƚĂĨĨĚŽŶŽƚƚŽďĞĞǆĐůƵƐŝǀĞůǇ ĚĞĚŝĐĂƚĞĚƚŽƚŚĞŝƚǇŽĨůŽǀŝƐďƵƚƚŚĂƚƚŚĞƉƌŽƉŽƐĞƌŵƵƐƚŝŶĚŝĐĂƚĞŚŽǁ ŵƵĐŚƚŝŵĞǁŝůůďĞĚĞĚŝĐĂƚĞĚƚŽƚŚĞĐŝƚǇŽĨůŽǀŝƐ͘,ŽǁĞǀĞƌ͕ŝŶƚŚĞĚƌĂĨƚ ĂŐƌĞĞŵĞŶƚ͕ƐĞĐƚŝŽŶϱ͘ϳ
ϯ͕ŝƚƐƚĂƚĞƐƚŚĂƚƚŚĞĚŝǀĞƌƐŝŽŶĐŽŽƌĚŝŶĂƚŽƌŵƵƐƚďĞ
ĨƵůůǇĚĞĚŝĐĂƚĞĚƚŽƚŚĞĐŝƚǇ͘/ƚĂůƐŽƐƚĂƚĞƐƚŚĂƚƚŚĞƐĞƌǀŝĐĞůŝĂŝƐŽŶΘ ŐŽǀĞƌŶŵĞŶƚůŝĂŝƐŽŶƐŚŽƵůĚďĞϭϬϬйĚĞĚŝĐĂƚĞĚƚŽƚŚĞĐŝƚǇŝŶƐĞĐƚŝŽŶƐ^ĞĐƚŝŽŶ ϱ͘ϲ͕
͕WĂŐĞϯϱͲϯϲ͘^ŚŽƵůĚŽƵƌƉƌŽƉŽƐĂůĚĞĨĞƌƚŽƚŚĞƐƉĞĐŝĨŝĐĂƚŝŽŶƐŽĨƚŚĞ Z&W͍
ZĞĨĞƌƚŽ^ĞĐƚŝŽŶϯ͘ϰ͘ϮŝŶƚŚĞZ&W͘dŚĞŐŽǀĞƌŶŵĞŶƚůŝĂŝƐŽŶ͕ ĂŶĚƐĞƌǀŝĐĞůŝĂŝƐŽŶ͕ĚŽŶŽƚŶĞĞĚƚŽďĞϭϬϬйĚĞĚŝĐĂƚĞĚƚŽ ƚŚĞŝƚǇ͘WůĞĂƐĞƉƵƚƚŚĞŝƌƉĞƌĐĞŶƚƚŝŵĞĚĞĚŝĐĂƚĞĚƚŽƚŚĞ ŝƚǇŝŶƚŚĞĐŽƐƚĨŽƌŵƐ;ĂƐĂйŽĨĂŶ&d
Ϳ͘dŚĞĨŝŶĂů
ĂŐƌĞĞŵĞŶƚǁŝůůďĞƵƉĚĂƚĞĚƉĞƌƚŚĞƐƵĐĐĞƐƐĨƵůƉƌŽƉŽƐĞƌΖƐ ĐŽƐƚĨŽƌŵƐ͘dŚĞŝƚǇΖƐĞǆƉĞĐƚĂƚŝŽŶŝƐĨŽƌƚŚĞƉƌŽƉŽƐĞƌƚŽ ƉƌŽǀŝĚĞŽŶĞ;ϭͿĨƵůůͲƚŝŵĞĚŝǀĞƌƐŝŽŶĐŽŽƌĚŝŶĂƚŽƌ͘
ϯϮ /ŶƚŚĞĚƌĂĨƚĂŐƌĞĞŵĞŶƚ͕ƐĞĐƚŝŽŶϰ͘ϴ͘ϭ͕ŝƚƐƚĂƚĞƐƚŚĂƚƚŚĞĐŽŶƚƌĂĐƚŽƌŵƵƐƚ ŚĂǀĞϮůŽĐĂůĐƵƐƚŽŵĞƌƐĞƌǀŝĐĞƌĞƉƌĞƐĞŶƚĂƚŝǀĞƐĚĞĚŝĐĂƚĞĚƚŽƚŚĞĐŝƚǇ͘/ŶƚŚĞ Z&W͕ŝƚĂƐŬƐƚŚĞƉƌŽƉŽƐĞƌƚŽƐƉĞĐŝĨǇŚŽǁŵĂŶǇĐƵƐƚŽŵĞƌƐĞƌǀŝĐĞĂŐĞŶƚƐǁŝůů ďĞƵƐĞĚ͘^ŚŽƵůĚŽƵƌƉƌŽƉŽƐĂůĚĞĨĞƌƚŽƚŚĞƐƉĞĐŝĨŝĐĂƚŝŽŶŽĨƚŚĞZ&W͍ŽĞƐƚŚĞ ĐŽŶƚƌĂĐƚŚĂǀĞƚŽŚĂǀĞƚǁŽĨƵůůǇĚĞĚŝĐĂƚĞĚĐƵƐƚŽŵĞƌƐĞƌǀŝĐĞĂŐĞŶƚƐĨŽƌƚŚĞ ĐŝƚǇ͍
ZĞĨĞƌƚŽ^ĞĐƚŝŽŶϯ͘ϰ͘ϮŝŶƚŚĞZ&W͘WƌŽƉŽƐĞƌƐƐŚŽƵůĚƐƉĞĐŝĨǇ ĐƵƐƚŽŵĞƌƐĞƌǀŝĐĞĂŐĞŶƚƐŝŶƉůĂĐĞƚŽŚĂŶĚůĞŝŶƋƵŝƌŝĞƐĞĂĐŚ ĚĂǇ͘
ϯϯ /Ŷ^ĞĐƚŝŽŶϲŽĨƚŚĞZ&W͕ƚŚĞĐŝƚǇůŝƐƚƐŝƚƐĂƌĞĂƐĨŽƌƐĞůĞĐƚŝŽŶďƵƚĚŽĞƐŶŽƚ ƉƌŽǀŝĚĞĂŶƵŵďĞƌŐƌĂĚŝŶŐƐǇƐƚĞŵŽƌĂƐƐŝŐŶǁĞŝŐŚƚƚŽĞĂĐŚǀĂůƵĞ͘tŝůůƚŚĞ ĐŝƚǇďĞƉƌŽǀŝĚŝŶŐĨƵƌƚŚĞƌĐůĂƌŝĨŝĐĂƚŝŽŶŽŶŝƚƐƐĞůĞĐƚŝŽŶĐƌŝƚĞƌŝĂĂŶĚǁŚŝĐŚ ǀĂůƵĞƐŝƚǁŝůůƉƌŝŽƌŝƚŝǌĞŝŶƚŚĞƉƌŽĐĞƐƐ͍tŝůůƚŚĞƌĞďĞŶƵŵĞƌŝĐǀĂůƵĞƐŽƌĂ ŐƌĂĚŝŶŐƐǇƐƚĞŵ͍tŝůůƚŚĞƌĞďĞŶŽǀĂůƵĞƐŽƌŐƌĂĚŝŶŐƐǇƐƚĞŵƚŽŝŶĚŝĐĂƚĞƚŚĞ most important elements of a bidder’s proposal.
dŚĞĞǀĂůƵĂƚŝŽŶƉƌŽĐĞƐƐǁŝůůďĞďĂƐĞĚŽŶďĞƐƚǀĂůƵĞƚŽƚŚĞ ŝƚǇ͘
ϯϰ In section 8.2D of the draft agreement, it refers to “allowable profit” ŝĚĞŶƚŝĨŝĞĚŝŶ
ǆŚŝďŝƚ'͘dŚŝƐŝƐŶŽƚƐƉĞĐŝĨŝĞĚŝŶ
ǆŚŝďŝƚ'͘tŚĂƚŝƐƚŚŝƐƌĞĨĞƌƌŝŶŐ
ƚŽ͍

ǆŚŝďŝƚ'ŝƐƚŚĞŽŶƚƌĂĐƚŽƌƐWƌŽƉŽƐĂů
ϯϱ /ŶƚŚĞĚƌĂĨƚĂŐƌĞĞŵĞŶƚ͕^ĞĐƚŝŽŶϱ͘ϲ͘'͕WĂŐĞϯϱ͕ŝƚƐƚĂƚĞƐƚŚĂƚĂƚƚŚĞĞŶĚŽĨ ƚŚĞĐŽŶƚƌĂĐƚ͕ƚŚĞĐŝƚǇǁŝůůƌĞƐƵŵĞŽǁŶĞƌƐŚŝƉŽĨĂůůĐŽŶƚĂŝŶĞƌƐƚŚĂƚĂƌĞŶŽƚ ĨƵůůǇĚĞƉƌĞĐŝĂƚĞĚ͘ĂŶƚŚĞĐŝƚǇĐůĂƌŝĨǇŝĨƚŚŝƐƌĞĨĞƌƐƚŽĂůůĐŽŵŵĞƌĐŝĂůĂŶĚ ŵƵůƚŝͲĨĂŵŝůǇĐŽŶƚĂŝŶĞƌƐ͕ŝŶĐůƵĚŝŶŐĐŽŵŵĞƌĐŝĂůďŝŶƐŽƌĐĂƌƚƐ͍ ůůŽŶƚĂŝŶĞƌƐ
ϯϲ ZĞĨĞƌĞŶĐŝŶŐƐĞĐƚŝŽŶϴ͘Ϯ͘ŽĨƚŚĞĚƌĂĨƚĂŐƌĞĞŵĞŶƚ͕ŝŶƚŚĞĞǀĞŶƚƚŚĂƚƚŚĞĐŝƚǇ ǁĞƌĞƚŽĚŝƌĞĐƚĂĐŚĂŶŐĞŝŶƚŚĞƌĂƚĞƐƚƌƵĐƚƵƌĞ͕ĂŶĚƚŚĞĐŽŶƚƌĂĐƚŽƌǁĞƌĞƚŽ ŝŵŵĞĚŝĂƚĞůǇŝĚĞŶƚŝĨǇĂƐŝŐŶŝĨŝĐĂŶƚĚĞĐƌĞĂƐĞŝŶƌĞǀĞŶƵĞ͕ǁŽƵůĚƚŚĞĐŽŶƚƌĂĐƚŽƌ ďĞĂďůĞƚŽƌĞĐĞŝǀĞĂŶƵƉĨƌŽŶƚĐŽŵƉĞŶƐĂƚŝŽŶĂĚũƵƐƚŵĞŶƚ͍ĚĚŝƚŝŽŶĂůůǇ͕ŝŶĂŶ ŝŶƐƚĂŶĐĞůŝŬĞƚŚŝƐ͕ǁŽƵůĚƚŚĞƉƌŽǀŝƐŝŽŶƐŝŶϴ͘ϯŽĨƚŚĞĞǆƚƌĂŽƌĚŝŶĂƌǇƌĂƚĞ ĂĚũƵƐƚŵĞŶƚƐďĞĂƉƉůŝĐĂďůĞ͍
/ĨƚŚĞŝƚǇĚŝƌĞĐƚƐĂĐŚĂŶŐĞƚŽƚŚĞĐŽŶƚƌĂĐƚƐƚƌƵĐƚƵƌĞƚŚĞŶ ƚŚĞƉƌŽǀŝƐŝŽŶƐŝŶ^ĞĐƚŝŽŶϴ͘ϯǁŽƵůĚďĞĂƉƉůŝĐĂďůĞ͘
ϯϳ /ĨƚŚĞĐŝƚǇǁĞƌĞƚŽĚŝƌĞĐƚĚŝƐƉŽƐĂůŽĨŵĂƚĞƌŝĂůƐƚŽŶĞǁĐŝƚǇͲĚŝƌĞĐƚĞĚ ƉƌŽĐĞƐƐŝŶŐĨĂĐŝůŝƚŝĞƐ͕ŝƐƚŚĞƌĞĂĐŽŵƉĞŶƐĂƚŝŽŶŵĞĐŚĂŶŝƐŵĨŽƌĂĚĚŝƚŝŽŶĂůĐŽƐƚƐ ŝŶĐƵƌƌĞĚĨŽƌƚĂŬŝŶŐŵĂƚĞƌŝĂůƐƚŽĚŝĨĨĞƌĞŶƚĂƉƉƌŽǀĞĚĨĂĐŝůŝƚǇ͍ ŝƚǇǁŝůůŶĞŐŽƚŝĂƚĞĐŽŵƉĞŶƐĂƚŝŽŶŵĞĐŚĂŶŝƐŵ͘
ϯϴ ŽĞƐƚŚĞĐŝƚǇŚĂǀĞĂǀĂŝůĂďůĞƐƉĂĐĞĨŽƌƚŚĞĐŽŶƚƌĂĐƚŽƌƚŽůĞĂƐĞĨŽƌŽĨĨŝĐĞ ƐƉĂĐĞ͍
dŚĞŝƚǇĚŽĞƐŶŽƚĂŶƚŝĐŝƉĂƚĞĂŶǇůĞĂƐĞƐƉĂĐĞĂǀĂŝůĂďůĞŽŶ ŝƚǇƉƌŽƉĞƌƚǇ͘
ϯϵ Do the city’s anticipated customer service representatives need to be ƉŚǇƐŝĐĂůůǇůŽĐĂƚĞĚŝŶƚŚĞůŽĐĂůŽĨĨŝĐĞ͕DŽŶĚĂǇƚŚƌŽƵŐŚ&ƌŝĚĂǇ͕ϴĂŵƚŽϱƉŵ͍ ZĞĨĞƌƚŽ^ĞĐƚŝŽŶϯ͘ϰ͘ϮŝŶƚŚĞZ&W͘
ϰϬ /ƚŝƐŽƵƌƵŶĚĞƌƐƚĂŶĚŝŶŐƚŚĂƚƉƌŽŐƌĂŵƐĂƐƐŽĐŝĂƚĞĚǁŝƚŚ^ϱϰĂƌĞƐƚŝůůŝŶ ĚĞǀĞůŽƉŵĞŶƚ͘^ŚŽƵůĚƚŚĞƌĞŐƵůĂƚŝŽŶƐĞĨĨĞĐƚƚŚĞƐĞƌǀŝĐĞƐƉƌŽǀŝĚĞĚŝŶƚŚŝƐ ĂŐƌĞĞŵĞŶƚ͕ǁŝůůƚŚĞƌĞďĞĂŵĞĞƚĂŶĚĐŽŶĨĞƌƉƌŽĐĞƐƐƚŽƵŶĚĞƌƐƚĂŶĚĂŶĚ ŝŵƉůĞŵĞŶƚƚŚĞƐĞƉƌŽŐƌĂŵƐĂŶĚĐŽŵƉĞŶƐĂƚĞƚŚĞĐŽŶƚƌĂĐƚŽƌŽƵƚƐŝĚĞŽĨƚŚĞ ĞǆƚƌĂŽƌĚŝŶĂƌǇƌĂƚĞĂĚũƵƐƚŵĞŶƚ͍
ŚĂŶŐĞƐŝŶůĂǁǁŝůůďĞĞǀĂůƵĂƚĞĚŝŶĂĐĐŽƌĚĂŶĐĞǁŝƚŚƌƚŝĐůĞ 8 CONTRACTOR’S COMPENSATION AND RATE
^
dd/E'ŽĨƚŚĞĚƌĂĨƚĂŐƌĞĞŵĞŶƚ͘
ϰϭ hŶĚĞƌƚŚĞĂŐƌĞĞŵĞŶƚ͕ǁŽƵůĚĂĐŚĂŶŐĞŽĨĐŽůůĞĐƚŝŽŶŚŽƵƌƐŽƌŽƉĞƌĂƚŝŶŐĚĂǇƐ ĐŽŶƐƚŝƚƵƚĞĂĐŚĂŶŐĞŝŶƐĐŽƉĞ͍
ůůĐŚĂŶŐĞƐǁŝůůďĞƌĞǀŝĞǁĂŶĚĂƐƐĞƐƐĞĚĂƚƚŝŵĞŽĨ
ŝŵƉůĞŵĞŶƚĂƚŝŽŶƚŽĞŶƐƵƌĞĂůŝŐŶŵĞŶƚǁŝƚŚƐĞƌǀŝĐĞ
ƌĞƋƵŝƌĞŵĞŶƚƐĂŶĚĐŽŶƚĂĐƚƚĞƌŵƐ͘
ϰϮ dŚĞƐƚĂƚĞǁŝĚĞŐŽĂůŝƐϱϱйĚŝǀĞƌƐŝŽŶƉĞƌĐĂƉŝƚĂ͘/ƐƚŚĞƌĞĂďĂƐŝƐĨŽƌ ƌĞƋƵĞƐƚŝŶŐĂŵŝŶŝŵƵŵϳϱй͍
^ŝŶĐĞŽŶƚƌĂĐƚŽƌŝƐŽŶůǇĐŽůůĞĐƚŝŶŐƌĞĐǇĐůŝŶŐĂŶĚŽƌŐĂŶŝĐƐ͕ ƚŚĞĚŝǀĞƌƐŝŽŶƌĂƚĞŽĨŚĂƵůĞƌͲĐŽůůĞĐƚĞĚŵĂƚĞƌŝĂůƐŝƐ
ĂŶƚŝĐŝƉĂƚĞĚƚŽďĞŚŝŐŚĞƌ͘
ϰϯ
&ŝŐƵƌĞϯ͘ĂŶǇŽƵĐŽŶĨŝƌŵƚŚĂƚƚŚĞŶƵŵďĞƌƐƐŚŽǁŶĨŽƌ&ŝǀĞWůƵƐĂŶĚDŽďŝůĞ ,ŽŵĞĂƌĞƵŶŝƚƐĂŶĚŶŽƚĂĚĚƌĞƐƐĞƐ͍
dŚĞŝŶĨŽƌŵĂƚŝŽŶŝŶ&ŝŐƵƌĞϯŝƐĨƌŽŵƚŚĞĞƉĂƌƚŵĞŶƚŽĨ
&ŝŶĂŶĐĞ͘&ŽƌƐĞƌǀŝĐĞůĞǀĞůƐĂŶĚĂĚĚƌĞƐƐĞƐƐĞĞƚŚĞ
ŝŶĨŽƌŵĂƚŝŽŶƉƌŽǀŝĚĞĚďǇƚŚĞŝƚǇŝŶĚĚĞŶĚƵŵϭ͘
ϰϰ ŽĞƐƚŚĞŝƚǇĂŶƚŝĐŝƉĂƚĞůĞŐĂůĐŚĂůůĞŶŐĞƐƚŽƚŚĞĂǁĂƌĚŽĨƚŚŝƐĂŐƌĞĞŵĞŶƚ͍ tŽƵůĚƚŚĞŝƚǇƉŽƐƚƉŽŶĞƚŚĞĂŐƌĞĞŵĞŶƚĞǀĞŶŝĨďĂƐĞůĞƐƐĐŚĂůůĞŶŐĞƐĂƌĞ ĨŝůĞĚ͍
tŚĞƚŚĞƌƚŚĞŝƚǇĚĞĐŝĚĞƐƚŽƉƌŽĐĞĞĚŽƌƉŽƐƚƉŽŶĞƚŚĞ
ĂŐƌĞĞŵĞŶƚŝŶƚŚĞĨĂĐĞŽĨůĞŐĂůĐŚĂůůĞŶŐĞƐǁŝůůĚĞƉĞŶĚŽŶ ƚŚĞŶĂƚƵƌĞĂŶƐƚƌĞŶŐƚŚŽĨƚŚŽƐĞĐŚĂůůĞŶŐĞƐĂƐǁĞůůĂƐ
ƉŽƚĞŶƚŝĂůŝŵƉĂĐƚƚŽŝƚǇŽƉĞƌĂƚŝŽŶƐ͘
Addendum: Request for Proposals
141/152 MID VALLEY DISPOSAL • 05. Oth Er PrOPOSAL fOrMS 274
AGENDA ITEM NO. 14.
ϰϱ dŽƉƌŽƉĞƌůǇĐĂůĐƵůĂƚĞĐŽůůĞĐƚŝŽŶƐ͕ĐĂŶƚŚĞŝƚǇƉƌŽǀŝĚĞƚŚĞ^&ŚŽŵĞĐŽƵŶƚĨŽƌ ĞĂĐŚĚĂǇŽĨƚŚĞĐŽůůĞĐƚŝŽŶƐĐŚĞĚƵůĞ͍
ůŽǀŝƐĐŽŶƚŝŶƵĞƐƚŽŐƌŽǁƐŽƚŚŝƐŶƵŵďĞƌĐŚĂŶŐĞƐĚĂŝůǇ͘Ɛ ŽĨ^ĞƉƚĞŵďĞƌϮϬϮϰDŽŶĚĂǇ;ϲ͕ϱϲϰͿdƵĞƐĚĂǇ;ϳ͕ϱϲϳͿ
tĞĚŶĞƐĚĂǇ;ϲ͕ϮϮϮͿdŚƵƌƐĚĂǇ;ϴ͕ϱϭϮͿ&ƌŝĚĂǇ;ϲ͕ϵϵϯͿ
ϰϲ
ƌĞƚŚĞŶƵŵďĞƌŽĨŝŶĐƵŵďĞŶƚƚƌƵĐŬƐƐŚŽǁŶŝŶ&ŝŐƵƌĞϳĞǆĐůƵƐŝǀĞƚŽůŽǀŝƐ͍ ŽĞƐƚŚĞƚŽƚĂůŶƵŵďĞƌŽĨƚƌƵĐŬƐƐŚŽǁŶ;ϭϰͿŽƉĞƌĂƚĞĚĂŝůǇ͍ ŽĞƐƚŚĞƚŽƚĂůŶƵŵďĞƌŽĨƚƌƵĐŬƐƐŚŽǁŶŝŶĐůƵĚĞƐƉĂƌĞƚƌƵĐŬƐ͍ dŚĞŶƵŵďĞƌƐĚŽĞƐŶŽƚŝŶĐůƵĚĞƐƉĂƌĞƚƌƵĐŬƐ͘
ϰϳ ,ŽǁŵĂŶǇŚŽŵĞƐƉĂƌƚŝĐŝƉĂƚĞŝŶƚŚĞƐŚĂƌƉƐƉƌŽŐƌĂŵ͍ /ŶĨŽƌŵĂƚŝŽŶŶŽƚĂǀĂŝůĂďůĞ͘ ϰϴ ĂŶƚŚĞŝƚǇĚĞĨŝŶĞǁŚĂƚƚǇƉĞŽĨďĂƚƚĞƌŝĞƐĂŶĚƋƵĂŶƚŝƚǇŽĨďĂƚƚĞƌŝĞƐĐĂŶďĞ ƐĞƚŽƵƚĨŽƌĐŽůůĞĐƚŝŽŶ͍
͘Ő͘ĐĂƌďĂƚƚĞƌŝĞƐ͕ĚƌǇĐĞůůďĂƚƚĞƌŝĞƐ͕ůŝƚŚŝƵŵ͕ďĂƚƚĞƌŝĞƐ͘ tŚĂƚŝƐƚŚĞƉĂƌƚŝĐŝƉĂƚŝŽŶůĞǀĞůŝŶƚŚĞĐĞůůƉŚŽŶĞƌĞĐǇĐůŝŶŐƉƌŽŐƌĂŵ͕ĂŶƚŚĞ ŝƚǇƉƌŽǀŝĚĞǀŽůƵŵĞƐ͍
dŚĞŝƚǇĐƵƌƌĞŶƚůǇĂĐĐĞƉƚƐŚŽƵƐĞŚŽůĚďĂƚƚĞƌŝĞƐĂŶĚĐĞůů ƉŚŽŶĞďĂƚƚĞƌŝĞƐ͘;EŝĐŬĞůͲĐĂĚŵŝƵŵ͕ďĂƚƚĞƌŝĞƐƚŚĂƚďĞĂƌƚŚĞ ƚŚƌĞĞĐŚĂƐŝŶŐĂƌƌŽǁƐ͕ůĞĂĚͲĂĐŝĚďĂƚƚĞƌŝĞƐ͕ZĞĐŚĂƌŐĞĂďůĞE/Ͳ ĂĚ͕ĂŶĚŶŽŶͲůĞĂĚƌĞĐŚĂƌŐĞĂďůĞůĞĂĚͲĂĐŝĚďĂƚƚĞƌŝĞƐ͘
ZĞƐŝĚĞŶƚƐĐĂŶƉůĂĐĞƚŚĞĂĐĐĞƉƚĞĚďĂƚƚĞƌŝĞƐŝŶƐŝĚĞĂĐůĞĂƌ ǌŝƉͲůŽĐŬďĂŐŽƌƚŝĞͲĐůŽƐĞĚƉůĂƐƚŝĐďĂŐ͕ŽŶƚŽƉŽĨƚŚĞ
ƌĞĐǇĐůŝŶŐĐĂƌƚůŝĚ͘/ŶĨŽƌŵĂƚŝŽŶŝƐĐƵƌƌĞŶƚůǇŶŽƚĂǀĂŝůĂďůĞĨŽƌ ƚŚĞĐŽůůĞĐƚŝŽŶŽĨďĂƚƚĞƌŝĞƐ͘
ϰϵ ĂŶƚŚĞŝƚǇƉƌŽǀŝĚĞĂŶǇŚŝƐƚŽƌŝĐĂůƚŽŶŶĂŐĞĚĂƚĞĨŽƌƉĂƐƚŝƚǇĞǀĞŶƚƐ͍ /ŶĨŽƌŵĂƚŝŽŶŝƐĐƵƌƌĞŶƚůǇŶŽƚĂǀĂŝůĂďůĞ͘ ϱϬ ƐƐƵŵŝŶŐǁĞŶĞĞĚϭϰĚƌŝǀĞƌƐƚŽŽƉĞƌĂƚĞŽƵƌƉƌŽƉŽƐĞĚƌŽƵƚĞƐ͕ĂŶĚƚŚĞ ŝŶĐƵŵďĞŶƚŽŶůǇŚĂƐϭϮ͘ŽĞƐŝƚĞŵϭƌĞƋƵŝƌĞƚŚĞƉƌŽƉŽƐĞƌƚŽƵƐĞƚŚĞ Republic’s collecting barging agreement to obtain the additional two ĞŵƉůŽǇĞĞƐ͍
Kƌ
Explain the application of “Additional employees, if needed, shall be ŽďƚĂŝŶĞĚƉƵƌƐƵĂŶƚƚŽƉƌŽĐĞĚƵƌĞƐĐƵƌƌĞŶƚůǇŝŶĞĨĨĞĐƚƵŶĚĞƌƚŚĞ ĐŽůůĞĐƚŝǀĞďĂƌŐĂŝŶŝŶŐĂŐƌĞĞŵĞŶƚǁŝƚŚƚŚĞĐƵƌƌĞŶƚ^ŽůŝĚtĂƐƚĞŽůůĞĐƚŝŽŶ ŽŶƚƌĂĐƚŽƌ͘dŚŝƐƌĞƋƵŝƌĞŵĞŶƚ͕
however, shall not be applicable to management or supervisory personnel”.

WƌŽƉŽƐĞƌƐĂƌĞƌĞƋƵŝƌĞĚƚŽĐŽŵƉůǇǁŝƚŚĂůůĂƉƉůŝĐĂďůĞůĂǁ͘ ϱϭ ĂŶƚŚĞŝƚǇƉƌŽǀŝĚĞƚŚĞĐƵƌƌĞŶƚůĂďŽƌĂŐƌĞĞŵĞŶƚƐŽǁĞĐĂŶĨƵůůǇƵŶĚĞƌƐƚĂŶĚ the incumbent’s compensation? Does Figure 11 factor in PTO, Retirement, ,ĞĂůƚŚĞŶĞĨŝƚƐ͕ĂŶĚŽƚŚĞƌĐŽŵƉĂŶǇƉĂŝĚďĞŶĞĨŝƚƐ͘
WůĞĂƐĞƌĞĨĞƌƚŽ^ĞĐƚŝŽŶϯ͘ϰ>ĂďŽƌWŽůŝĐǇŽĨƚŚĞZ&W͘
ϱϮ ŽĞƐƚŚĞƉĂƐƚƉĞƌĨŽƌŵĂŶĐĞƌĞĐŽƌĚŝŶĐůƵĚĞůŝƚŝŐĂƚŝŽŶƐƵƌƌŽƵŶĚŝŶŐĂƵƚŽůŽƐƐ ĂŶĚͬŽƌƉƌŽƉĞƌƚǇŵĂŶĂŐĞŵĞŶƚĐůĂŝŵƐ͍
zĞƐ͘
ϱϯ ĂŶƚŚĞŝƚǇƉƌŽǀŝĚĞĂĐƵƌƌĞŶƚĐŚĂƌĂĐƚĞƌŝǌĂƚŝŽŶŽĨƚŚĞƌĞĐǇĐůĞƐƚƌĞĂŵŽĨ ƌĞƐŝĚĞŶƚŝĂůĂŶĚĐŽŵŵĞƌĐŝĂů
ZĞĨĞƌƚŽYƵĂƌƚĞƌϰϮϬϮϯůŽǀŝƐYƵĂƌƚĞƌůǇƵƉůŽĂĚĞĚƚŽ
WůĂŶĞƚŝĚƐŝŶƚŚĞΗĚĚĞŶĚĂͬ
ŵĂŝůΗƚĂď͘
ϱϰ /ĨďŝĚĚĞƌŝŶƚĞŶĚĞĚƚŽƵƐĞϯƌĚƉĂƌƚǇƉƌŽĐĞƐƐŝŶŐ͕ǁŝůůƚŚĞǇďĞƌĞƋƵŝƌĞĚƚŽ ĐŽŵƉůǇǁŝƚŚĂůůƚŚĞƐƵďͲĐŽŶƚƌĂĐƚŽƌĐŽŶĚŝƚŝŽŶƐ͍
zĞƐ͘
ϱϱ
ǆĐĞƉƚǁŚĞƌĞŶŽƚĞĚ͕ĚŽƚŚĞŶĐŝůůĂƌǇ^ĞƌǀŝĐĞƐĂƉƉůǇƚŽŽŶůǇƌĞƐŝĚĞŶƚŝĂů ĐƵƐƚŽŵĞƌƐ͍
ŶĐŝůůĂƌǇƐĞƌǀŝĐĞƐĂƉƉůǇƚŽĂůůƌĞƐŝĚĞŶƚŝĂůĐƵƐƚŽŵĞƌƐ;ƐŝŶŐůĞ ĂŶĚŵƵůƚŝͲĨĂŵŝůǇͿ
ϱϲ dŚĞůĂŶŐƵĂŐĞŝŶƚŚĞĂŐƌĞĞŵĞŶƚĐĂƉƐƌĂƚĞƐĂƚϲϬйŽĨƚŚĞƐŽůŝĚǁĂƐƚĞƌĂƚĞ͘ ŽĞƐƚŚŝƐŝƚǇŝŶƚĞŶĚƚŽƌĞŵŽǀĞƚŚŝƐůŝŵŝƚĂƚŝŽŶ͍^ĂŵĞƉƌŽǀŝƐŝŽŶŝŶϴ͘ϭ͘ dŚŝƐŝƐƚŚĞĐƵƌƌĞŶƚĂƌƌĂŶŐĞŵĞŶƚĂŶĚƚŚĞŝƚǇΖƐƉƌĞĨĞƌĞŶĐĞ͘ ,ŽǁĞǀĞƌ͕ƉƌŽƉŽƐĞƌƐĂƌĞĂůůŽǁĞĚƚŽƚĂŬĞĞǆĐĞƉƚŝŽŶƚŽƚŚĞ ĂŐƌĞĞŵĞŶƚŝŶƐƚƌŝŬĞĂŶĚƌĞƉůĂĐĞĨŽƌŵĂƚ͘
ϱϳ Under EPR programs is it the City’s intent to be able to employ 3ƌĚƉĂƌƚǇ ĐŽŶƚĂĐƚŽƌƐĂƚĂŚŝŐŚĞƌĐŽƐƚƚŚĂŶƚŚĞĐŽŶƚƌĂĐƚŽƌƐƉƌŽŐƌĂŵĐŽƐƚ͍ dŚĞŝƚǇĚŽĞƐŶŽƚĐƵƌƌĞŶƚůǇŝŶƚĞŶĚƚŽƉĂǇĂϯƌĚƉĂƌƚǇŵŽƌĞ ƚŚĂŶƚŚĞŽŶƚƌĂĐƚŽƌǁŽƵůĚĐŚĂƌŐĞ͘WůĞĂƐĞƌĞĨĞƌĞŶĐĞ
^ĞĐƚŝŽŶϰ͘ϵŽĨƚŚĞĚƌĂĨƚĂŐƌĞĞŵĞŶƚ͘
ϱϴ What is the City’s current process for granting waivers? ŝƚǇƐƚĂĨĨĐŽŶĚƵĐƚƐƐŝƚĞĂƐƐĞƐƐŵĞŶƚƐďĞĨŽƌĞŐƌĂŶƚŝŶŐ ƉŚǇƐŝĐĂůƐƉĂĐĞǁĂŝǀĞƌƐ͘&ŽƌĂĚĞŵŝŶŝŵƵƐǁĂŝǀĞƌ͕ƚŚĞŝƚǇ ĐŽŶƚĂĐƚƐƚŚĞďƵƐŝŶĞƐƐďǇƉŚŽŶĞƚŽǀĞƌŝĨǇŝĨƚŚĞǇŐĞŶĞƌĂƚĞ ĨŽŽĚǁĂƐƚĞ͘ƌŝǀĞƌƐƐŚŽƵůĚĂůƐŽƌĞƉŽƌƚŝĨƚŚĞǇŶŽƚŝĐĞĨŽŽĚ ǁĂƐƚĞŝŶƐŝĚĞƚŚĞƚƌĂƐŚ͕ƐŽĂŶ^ϭϯϴϯƐƉĞĐŝĂůŝƐƚĐĂŶ
ĐŽŶƚĂĐƚƚŚĞďƵƐŝŶĞƐƐŽǁŶĞƌͬŵĂŶĂŐĞƌƚŽĂƐƐĞƐƐƚŚĞƐŝƚĞ͘ ϱϵ EŽƚŝĐĞĚƚŚĂƚŝƚǇŽĨůŽǀŝƐƌĞĐǇĐůĞĐĂƌƚƐĂƌĞĂƚD&ĂŶĚKDůŽĐĂƚŝŽŶƐ͘ŽĞƐ ƚŚĞŝƚǇŽƌƚŚĞŽŶƚƌĂĐƚŽƌĐƵƌƌĞŶƚůǇƐĞƌǀŝĐĞƚŚĞŵ͍tŝůůƚŚĞƐĞŝƚǇĐĂƌƚƐďĞ ƌĞƉůĂĐĞĚǁŝƚŚŽŶƚƌĂĐƚŽƌĐĂƌƚƐ͍
dŚĞŝƚǇŽŶůǇƉƌŽǀŝĚĞƐƐŽůŝĚǁĂƐƚĞƐĞƌǀŝĐĞ͘ZĞĐǇĐůŝŶŐĂŶĚ ŽƌŐĂŶŝĐƐƐĞƌǀŝĐĞƐĂƌĞƉƌŽǀŝĚĞĚďǇƚŚĞŽŶƚƌĂĐƚŽƌ͘dŚĞŝƚǇ ŽŶůǇƉƌŽǀŝĚĞƐĐĂƌƚƐĨŽƌ^&ĐƵƐƚŽŵĞƌƐ͕ĐĂƌƚƐĨŽƌD&ĂŶĚ ĐŽŵŵĞƌĐŝĂůůŽĐĂƚŝŽŶƐǁŝůůďĞƉƌŽǀŝĚĞĚďǇƚŚĞĨƌĂŶĐŚŝƐĞĞ͘ ϲϬ /ŶĚŝĐĂƚĞƚŚĞ'ŽǀĞƌŶŵĞŶƚ>ŝĂŝƐŽŶĐĂŶďĞŝŶǀŽůǀĞĚǁŝƚŚŽŶĞŽƚŚĞƌĐŽŵŵƵŶŝƚǇ ĂŐƌĞĞŵĞŶƚ͘WĂŐĞϯϱ
͘ϭĚĞƐĐƌŝƉƚŝŽŶŽĨ'ŽǀĞƌŶŵĞŶƚ>ŝĂŝƐŽŶŝŶĚŝĐĂƚĞƐƚŚĞŝƌ
ƚŝŵĞŝƐƚŽďĞĨƵůůǇĚĞĚŝĐĂƚĞĚƚŽƚŚĞŝƚǇ͘WůĞĂƐĞĐůĂƌŝĨǇ͘ dŚĞ'ŽǀĞƌŶŵĞŶƚ>ŝĂŝƐŽŶĚŽĞƐŶŽƚŶĞĞĚƚŽďĞϭϬϬй
ĚĞĚŝĐĂƚĞĚƚŽƚŚĞŝƚǇ͘WůĞĂƐĞƉƵƚƚŚĞŝƌƉĞƌĐĞŶƚƚŝŵĞ
ĚĞĚŝĐĂƚĞĚƚŽƚŚĞŝƚǇŝŶƚŚĞĐŽƐƚĨŽƌŵƐ;ĂƐĂйŽĨĂŶ&d Ϳ͘
dŚĞĨŝŶĂůĂŐƌĞĞŵĞŶƚǁŝůůďĞƵƉĚĂƚĞĚƉĞƌƚŚĞƐƵĐĐĞƐƐĨƵů ƉƌŽƉŽƐĞƌΖƐĐŽƐƚĨŽƌŵƐ͘
Addendum: Request for Proposals
142/152 MID VALLEY DISPOSAL • 05. Oth Er PrOPOSAL fOrMS 275
AGENDA ITEM NO. 14.
ϲϭ dŚĞƵƐĞĚŽŝůƌĞĐŽǀĞƌǇĚĞĨŝŶŝƚŝŽŶŝŶĐůƵĚĞƐƵƐĞĚĐŽŽŬŝŶŐŽŝů͘KƚŚĞƌ ĚĞƐĐƌŝƉƚŝŽŶƐŝŶƚŚĞZ&WĂŶĚ
ǆŚŝďŝƚƐƚĂƚĞŝƚΖƐĨŽƌŵŽƚŽƌŽŝůĂŶĚĨŝůƚĞƌŽŶůǇ͘
WůĞĂƐĞĐŽŶĨŝƌŵǁŚŝĐŚŽŝůƐĂƌĞƚŽďĞĐŽůůĞĐƚĞĚ͘
dŚĞƐĞƌǀŝĐĞĚĞƐĐƌŝďĞĚŝŶ
ǆŚŝďŝƚŝƐĨŽƌƵƐĞĚŵŽƚŽƌŽŝůĂŶĚ
ĨŝůƚĞƌƐ͘WƌŽƉŽƐĞƌƐŵĂǇŵĂŬĞĂĚĚŝƚŝŽŶĂůƐƵŐŐĞƐƚŝŽŶƐƚŽ
ĞŶŚĂŶĐĞƚŚĞƉƌŽŐƌĂŵŝŶƌĞĚůŝŶĞƐŽĨƚŚĞĂŐƌĞĞŵĞŶƚ͘
ϲϮ ĂŶƚŚĞŝƚǇƉƌŽǀŝĚĞƚŚĞŶƵŵďĞƌŽĨŵƵůƚŝĨĂŵŝůǇĂŶĚĐŽŵŵĞƌĐŝĂůĐƵƐƚŽŵĞƌƐ ĐƵƌƌĞŶƚůǇƌĞĐĞŝǀŝŶŐ^ĂƚƵƌĚĂǇƌĞĐǇĐůŝŶŐŽƌŽƌŐĂŶŝĐƐƐĞƌǀŝĐĞ͍ ĐŽƉǇŽĨƚŚĞ^ĂƚƵƌĚĂǇZŽƵƚĞƐͲZĞĐǇĐůŝŶŐKŶůǇŝƐƵƉůŽĂĚĞĚ ƚŽƚŚĞWůĂŶĞƚŝĚƐΗĚĚĞŶĚĂͬ
ŵĂŝůƐΗƚĂď͘dŚĞŝƚǇĚŽĞƐ
ŶŽƚŚĂǀĞ^ĂƚƵƌĚĂǇKƌŐĂŶŝĐƐƌŽƵƚĞƐ͘
ϲϯ ĂŶƚŚĞŝƚǇƉƌĞĂƉƉƌŽǀĞŽƵƌƌĞĐŽŵŵĞŶĚĞĚϲϰŐĂůůŽŶƐŽƌŐĂŶŝĐĐĂƌƚŝŶƉůĂĐĞ ŽĨƚŚĞϰϴŐĂůůŽŶƐŶŽƚĞĚ͍
WƌŽƉŽƐĞƌƐŵĂǇŵĂŬĞĐŚĂŶŐĞƐƚŽƚŚĞĂŐƌĞĞŵĞŶƚƵƐŝŶŐ
ƐƚƌŝŬĞĂŶĚƌĞƉůĂĐĞĨŽƌŵĂƚĂŶĚƚŚĞŝƚǇǁŝůůĞǀĂůƵĂƚĞƚŚĞ ŶĂƚƵƌĞĂŶĚŶƵŵďĞƌŽĨƚŚĞĐŚĂŶŐĞƐƌĞƋƵĞƐƚĞĚďǇĞĂĐŚ
ƉƌŽƉŽƐĞƌ͘
ϲϰ /ƐƚŚĞƌĞĂŵĂǆŝŵƵŵŶƵŵďĞƌŽĨƵƐĞĚŽŝůĂŶĚĨŝůƚĞƌŬŝƚƐĂƌĞƐŝĚĞŶƚĐĂŶŽƌĚĞƌ ĂŶŶƵĂůůǇ͍ƌĞƚŚĞƐĞŵĞĂŶƚĨŽƌƉĞƌƐŽŶĂůƵƐĞŽŶůǇ͍
WůĞĂƐĞǀĞƌŝĨǇƚŚĂƚƚŚĞŝƚǇƌĞƋƵŝƌĞƐĂŶĞǁĐŽůůĞĐƚŝŽŶŬŝƚƚŽďĞĚĞůŝǀĞƌĞĚĂƚƚŚĞ ƚŝŵĞǁĞĐŽůůĞĐƚĂŶǇĨƵůůĐŽůůĞĐƚŝŽŶŬŝƚ͕ĞǀĞŶǁŝƚŚŽƵƚƐƵĐŚƌĞƋƵĞƐƚ͘ ĂŶƚŚĞŝƚǇƐƚŝƉƵůĂƚĞƚŚĂƚĐƵƐƚŽŵĞƌƐǁŝůůƌĞƋƵĞƐƚƉŝĐŬƵƉŽĨƚŚĞŝƌƵƐĞĚ ŵŽƚŽƌŽŝůĂŶĚĨŝůƚĞƌ͍dŚŝƐǁŝůůĂůůŽǁƵƐƚŽƌĞŵŝŶĚƚŚĞĐƵƐƚŽŵĞƌƐŽĨƚŚĞ ƉƌŽƉĞƌŬŝƚƐƚŽƉĂĐŬĂŐĞƚŚĞŝƌŽŝůĂŶĚĨŝůƚĞƌ͕ƉƌŽǀŝĚĞƚŚĞŵǁŝƚŚƚŚĞŬŝƚŝĨŶĞĞĚ͕ ĂŶĚŝŶƐƚƌƵĐƚƚŚĞŵƚŽƉůĂĐĞŝƚŽŶƚŚĞĐƵƌď;ŶŽƚƐƚƌĞĞƚͿŽŶƚŚĞŝƌƐĞƌǀŝĐĞĚĂǇ͍ It would be the contractor’s choice to propose the max
ŶƵŵďĞƌŽĨƵƐĞĚŽŝůĂŶĚĨŝůƚĞƌŬŝƚƐ͘dŚĞƐĞŬŝƚƐĂƌĞŵĞĂŶƚĨŽƌ ƚŚĞ/zƌĞƐŝĚĞŶƚŝĂůĐƵƐƚŽŵĞƌ͘dŚĞŬŝƚƐǁŽƵůĚďĞƉƌŽǀŝĚĞĚ ďǇƚŚĞĐŽŶƚƌĂĐƚŽƌƵƉŽŶƌĞƋƵĞƐƚ͘hƐĞĚŽŝůŬŝƚƐĂƌĞŵĞĂŶƚ ĨŽƌƌĞƐŝĚĞŶƚŝĂůĐƵƐƚŽŵĞƌƐĂƐĚĞƐĐƌŝďĞĚŝŶ
ǆŚŝďŝƚ͘
WƌŽƉŽƐĞƌƐŵĂǇƉƌŽƉŽƐĞĐŚĂŶŐĞƐƚŽƚŚĞƉƌŽŐƌĂŵŝŶĂƐƚƌŝŬĞ ĂŶĚƌĞƉůĂĐĞǀĞƌƐŝŽŶŽĨƚŚĞĚƌĂĨƚĂŐƌĞĞŵĞŶƚ͘
ϲϱ tŝůůƚŚĞŝƚǇĂŐƌĞĞƚŽƐƚŝƉƵůĂƚĞƚŚĂƚŚŽůŝĚĂǇƚƌĞĞƐŵƵƐƚďĞŽƌŐĂŶŝĐ;ŶĂƚƵƌĂůͿ and be no more than 4’ in length or cut to be more than 4’ in length? WƌŽƉŽƐĞƌƐŵĂǇŝĚĞŶƚŝĨǇƐƉĞĐŝĨŝĐĂƚŝŽŶƐƚŽƚŚŝƐƉƌŽŐƌĂŵŝŶ ƚŚĞĂŐƌĞĞŵĞŶƚƵƐŝŶŐƐƚƌŝŬĞĂŶĚƌĞƉůĂĐĞĨŽƌŵĂƚĂŶĚƚŚĞ
ŝƚǇǁŝůůĞǀĂůƵĂƚĞƚŚĞŶĂƚƵƌĞĂŶĚŶƵŵďĞƌŽĨƚŚĞĐŚĂŶŐĞƐ ƌĞƋƵĞƐƚĞĚďǇĞĂĐŚƉƌŽƉŽƐĞƌ͘
ϲϲ Please provide an example or extended description of a “Battery Bucket”. Is ƚŚŝƐƚŽďĞůŽĐŬŝŶŐ͘/ŶĂĚĚŝƚŝŽŶƚŽƐƵƉƉůǇŝŶŐƚŚĞďĂƚƚĞƌǇďƵĐŬĞƚ͕ŝƐƚŚĞďŝĚĚĞƌ ĞǆƉĞĐƚĞĚƚŽƐĞƌǀŝĐĞƚŚĞƐĞĂƐǁĞůů;Ğ͘Ő͘ƌĞŵŽǀĞĂůůďĂƚƚĞƌŝĞƐͿ͍WůĞĂƐĞĐůĂƌŝĨǇ ĂŶǇƉĂĐŬĂŐŝŶŐƌĞƋƵŝƌĞŵĞŶƚƐĨŽƌĂŶǇ&>ůĞĨƚŽƵƚĨŽƌĐŽůůĞĐƚŝŽŶ͘ /ĨƚŚĞƉƌŽƉŽƐĞƌƐĞůĞĐƚƐƚŽŝŶĐůƵĚĞĂďĂƚƚĞƌǇďƵĐŬĞƚ
ƉƌŽŐƌĂŵ͕ƉůĞĂƐĞŝŶĐůƵĚĞŝƚŝŶƚŚĞƉƌŽƉŽƐĂů͘&>ŝƐĞǆĐůƵĚĞĚ ǁĂƐƚĞ͕ƉĞƌ^ĞĐƚŝŽŶϰ͘ϭϭ͘ϭ͘ŽŶƚƌĂĐƚŽƌǁŽƵůĚƚĂŐ͘
ϲϳ ŽĞƐƚŚĞŶŽĐŚĂƌŐĞƉƵƐŚͬƉƵůůƐĞƌǀŝĐĞĂƉƉůǇƚŽĂůůĐŽŵŵĞƌĐŝĂůƌĞĐǇĐůŝŶŐ ĐĂƌƚƐ͍ĂŶǁĞĂƐŬĐƵƐƚŽŵĞƌƐƚŽƉůĂĐĞĐĂƌƚƐĐƵƌďƐŝĚĞĨŽƌƐĞƌǀŝĐĞ͍ ŽŵŵĞƌĐŝĂůĐĂƌƚƐŵƵƐƚďĞƐĞƌǀŝĐĞĚĂƚƚŚĞŝƌƉƌŝŵĂƌǇ
ƐƚŽƌĂŐĞůŽĐĂƚŝŽŶ͘dŚĞŝƚǇĚŽĞƐŶŽƚĚĞƐŝƌĞĂĚĞƐŝŐŶĂƚĞĚ ĐŽŵŵĞƌĐŝĂůƉƵůůͬƉƵƐŚĐŚĂƌŐĞ͘
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The City’s current C&D program requires haulers to apply ƚŽďĞĐŽŵĞĂΘŚĂƵůĞƌŝŶƚŚĞŝƚǇŽĨůŽǀŝƐ͘dŚĞƉƌŽŐƌĂŵ ƌĞƋƵŝƌĞŵĞŶƚƐĂƌĞŽƵƚůŝŶĞĚŽŶƚŚĞŝƚǇǁĞďƐŝƚĞ͘
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dŚĞŝƚǇĐƵƌƌĞŶƚůǇďŝůůƐƚƌĂƐŚƐĞƌǀŝĐĞŽŶĂƉĞƌƵŶŝƚďĂƐŝƐĂŶĚ ƉƌĞĨĞƌƐƚŽŬĞĞƉƚŚĞĞǆŝƐƚŝŶŐďŝůůŝŶŐĂƌƌĂŶŐĞŵĞŶƚ͘dŚĞŝƚǇ ďŝůůƐƚƌĂƐŚƐĞƌǀŝĐĞƐďĂƐĞĚŽŶŶƵŵďĞƌŽĨďŝŶƐ͕ƐŝǌĞŽĨďŝŶ͕ ĂŶĚŶƵŵďĞƌŽĨĚĂǇƐƐĞƌǀŝĐĞĚ͘
ϳϭ dŚĞƌĂƚĞƐĐŚĞĚƵůĞŝŶĐůƵĚĞƐ^ƵŶĚĂǇƐĞƌǀŝĐĞ͘/ƐƚŚĂƚĞǆƉĞĐƚĞĚƚŽďĞŽĨĨĞƌĞĚ͍ tŽƵůĚ^ƵŶĚĂǇƐĞƌǀŝĐĞŽŶůǇďĞŽĨĨĞƌĞĚƚŽϳͲĚĂǇͲĂͲǁĞĞŬĐƵƐƚŽŵĞƌƐŽŶůǇ͍ ŽǁĞŚĂǀĞƚŽƉƌŽǀŝĚĞƌĂƚĞƐĨŽƌĂůůďŝŶƐŝǌĞƐ;Ğ͘Ő͘ϱͲǇĂƌĚͿ͍ Current service days for trash and recycling are Monday – ^ĂƚƵƌĚĂǇ͘
ϳϮ /ƐƚŚĞŝƚǇŽĨůŽǀŝƐĐƵƌƌĞŶƚůǇƵŶĚĞƌĂŶǇŝŶƚĞŶƚƚŽĐŽŵƉůǇƉůĂŶŽƌĐŽƌƌĞĐƚŝǀĞ ĂĐƚŝŽŶƉůĂŶĨƌŽŵĂůZĞĐǇĐůĞ͍/ĨƐŽ͕ĐĂŶǇŽƵƉůĞĂƐĞƉƌŽǀŝĚĞĂĐŽƉǇ͍ dŚŝƐŝƐƉƵďůŝĐůǇĂǀĂŝůĂďůĞŝŶĨŽƌŵĂƚŝŽŶƚŚĂƚŽŶĞĐŽƵůĚĨŝŶĚŽŶ ƚŚĞĂůZĞĐǇĐůĞǁĞďƐŝƚĞ͘
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EͲZĞĐǇĐůŝŶŐĞŶƚƌĂůŝǌĞĚ͕Z
DKͲZĞĐǇĐůŝŶŐ
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City cannot provide in the requested format.

Addendum: Request for Proposals
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AGENDA ITEM NO. 14.

CITY of CLOVIS

PUBLIC UTILTIES DEPARTMENT
155 N. SUNNYSIDE • CLOVIS, CA 93611
City Manager 559.324.2060 • Community Services 559.324.2095 • Engineering 559.324.2350 Finance 559.324.2130 • Fire 559.324.2200 • General Services 559.324.2060 • Personnel/Risk Management 559.324.2725 Planning & Development Services 559.324.2340 • Police 559.324.2400 • Public Utilities 559.324.2600 • TTY-711 www.cityofclovis.com
November 15, 2024
TO: ALL PLAN HOLDERS
Subject: Addendum No. 4 for PUD 24-15
Enclosed is the Addendum No. 4 for the City’s project – PUD 24-15 Request For Proposals for Recyclable and Organic Materials Collection, Processing, and Marketing. All plan-holders shall review the enclosed documents in preparing their proposal. A proposer shall sign, date, and submit the signature page of this Addendum with his/her proposal.

TRANSMITTED DOCUMENT(S)

PAGES IT EMS DESCRIP TIONS
3 Addendum Addendum No. 4 including this cover sheet
- RFP Document N.A.
- Attachments N.A.

Documents Revisions to Sections 1.4 and 4.4.4
- Compact Disc N.A.

PURPOSE(S) OF TRANSMITTAL
☐ FOR YOUR APPROVAL ☐ REQUEST FOR INFOMATION ☐ FAX AS SENT ☐ FOR YOUR REVIEW AND COMMENTS ☐ PLEASE RESPOND A.S.A.P. ☐ ORIGINAL WILL FOLLOW ☒ FOR YOUR USE/INFORMATION ☒ PLEASE FORWARD
Should you have any questions, please do not hesitate to contact our office. The RFP main contact can be reached at (559) 324-2603 or through email at [email protected] Best Regards,
Scott Redelfs
Public Utilities Director
Sarai Yanovsky, P.E.

Supervising Civil Engineer
Public Utilities Department
3 Addendum: Request for Proposals
144/152 MID VALLEY DISPOSAL • 05. Oth Er PrOPOSAL fOrMS 277
AGENDA ITEM NO. 14.

CITY OF CLOVIS, CALIFORNIA
Request For Proposals for Recyclable and Organic Materials Collection, Processing, and Marketing
PROJECT NO. PUD 24-15
ADDENDUM NO. 4
CONTRACT DOCUMENTS PAGE 1 OF 2 NOVEMBER 15, 2024

NOTICE TO ALL PROPOSERS
THIS ADDENDUM NO. 4 SHALL BE SIGNED, DATED, AND SUBMITTED WITH THE PROPOSAL. The following corrections, modifications, and/or additions apply to the Proposal Documents for the subject project and alter the Proposal Documents to the extent indicated below. All other provisions and conditions of the Proposal Documents remain unchanged.

AMENDMENTS AND CLARIFICATIONS
Request for Proposals:

1. Proposal Due Date The proposal due date has been postponed for two days.

Reference is made to the REQUEST FOR PROPOSALS For
Recycle and Organics Materials Collection, Processing, and Marketing Services. The last paragraph of this document is amended to read as follows:

Proposal Due Date and Submittal: All proposals must be
received by 2:00 p.m. on November 22, 2024. Proposals received after this time and date will be rejected. Postmarks will not be accepted as proof of receipt. Proposers shall mail or hand deliver proposal packages to:

City Clerk
City of Clovis
1033 Fifth St
Clovis, CA 93612
Attached to this document are revisions to the following Sections:

Section 1.4 RFP Schedule

Section 4.4.4 Step Four – Proposal Submittal

2. Financial Forms Revised Attachment B Financial Forms – Revision 3 are available on PlanetBids in the Addenda/Emails tab.

Errors were corrected from the previous forms. Proposer may make minor changes to the forms should it be
necessary per their proposal.

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AGENDA ITEM NO. 14.
11/21/2024
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AGENDA ITEM NO. 14.

City of Clovis Section 1: Introduction
RFP for Collection and Processing Services
Pag e 3

Figure 1: RFP Schedule
* Note that the City may modify this process and/or schedule to best meet the needs of the City . {Remainder of page intentionally blank}
ACTIVITY COMPLETION DATE*
City releases RFP for Collection and Processing Services October 16, 2024 Virtual pre-proposal meeting October 23, 2024 at 10:00 a.m.

Deadline to submit written questions November 6 October 30, 2024 at 4:00 p.m.

City issues response to written questions, summary of responses provided at the pre-proposal meeting, and RFP addendum, if necessary
November 14 November 6, 2024
Proposers submit proposals November 22 November 13, 2024 at 2:00 p.m.

City conducts interviews and negotiations with one or more proposers December November 2024 Recommendation of selected proposer to City Council January 2025 December 2024 Contract executed January 2025 December 2024
Selected Contractor begins providing service August 1, 2025 Addendum: Request for Proposals
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City of Clovis Section 4: RFP Conditions and Proposal Submittal RFP for Collection and Processing Services

Page 20 ends

Written requests for clarifications will be responded to in writing and shared with all interested companies of record on the RFP distribution list by November 14 November 6.

The package shall be clearly labeled: PROPOSAL FOR RECYCLABLE MATERIALS AND ORGANIC MATERIALS

SERVICES
FROM:

Name of Proposer:

Address:

Contact Person:

Telephone Number:

E-mail:

In order for a proposal to be deemed complete, proposers must mail or hand-deliver a complete proposal packet (as described in Section 5) to:

City Clerk
City of Clovis
1033 Fifth Street
Clovis, CA 93612

Proposal packets must include:

Addendum: Request for Proposals
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City of Clovis Section 4: RFP Conditions and Proposal Submittal RFP for Collection and Processing Services
P age 21
All proposals must be received by 2:00 p.m. on November 22 November 13, 2024 (Due Date and Time).

Postmarks will not be accepted as proof of receipt. Once the deadline is reached, no further submissions will be accepted.

Each proposal must be accompanied by surety made payable to the City of Clovis in the amount of $25,000 and in the form of a certified check, cashier’s check, or bid bond. The purpose of the surety is to guarantee that the successful Contractor will execute the New Agreement with the City. If the selected Contractor does not execute the New Agreement within 30 calendar days after receiving notice of the award of the New Agreement, the City may keep the surety to offset the potential cost associated with identification of an alternate service provider and schedule delays and has the right to pursue additional and reasonable costs incurred by the City in this event. Checks and bonds will be returned to all proposers no later than 10 calendar days after the City has executed the new Services Agreement with the successful Contractor.
{Remainder of page intentionally blank}
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6: Additional Information

6.1: Indemnification CERCLA
We are experienced with CERCLA indemnification as a standard component of most franchise agreements as it relates to the Hauler’s performance.

As a result of the recent pandemic, and to protect both the City and Hauler, we recommend including provisions in the Agreement that allow for the continuation of basic services during government ordered shutdowns or public health emergencies. This allows the Hauler to perform necessary services without endangering employees or creating an event of default.
6: Additional Information
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City of Clovis
Mr. Glenn Eastes
Assistant Public Utilities Director
1033 Fifth Street
Colvis, CA 93612
Dear Mr. Eastes,
Thank you for the opportunity to provide additional information regarding our proposal. We have followed the format of Compliance Matrix by including the item number and our response.

If you have any questions, please don’t hesitate to contact us.

Best regards,
Joseph Kalpakoff| President & CEO
15300 W Jensen Ave, Kerman CA 93630
Email: [email protected]
Office: (559) 237-9425
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5.4.3.5 As outlined in our proposal on page 65, MVD takes a holistic approach to these transitions because while the goal of a smooth transition to S tate compliant programs is the same, each city poses unique challenges.

The process starts before the proposal is written and continues long after the implementation date.

In our interview, we focused on MVD’s last seven contract awards and service implementations. To provide additional context to our Implementation Plan, we will summarize the process in the categories the city showed keen interest in – vehicles, personnel, billing and fee collection, route and procedure building, container management, and public education.

Vehicles – the most time consuming and capital -intensive part of any service transition. In 2019 MVD formulated a vehicle procurement strategy in preparation for the impact that SB 1383 would bring to the solid waste industry. We prepared for a marketplace where service contracts for 10 local municipalities were set to expire in the next eight years. In a proactive, yet strategic approach, we scheduled deliveries of new trucks annually, 18 months in advance, hopeful we would acquire half to two-thirds of the new agreements. Our strategic planning allowed us to retire existing (fully depreciated) trucks early and deploy new trucks for all seven of our recent transitions. As stated in our interview and indicated on page 73 and 74 of our proposal, the trucks necessary to provide services to the city of Clovis are currently being built and will be delivered well before August 1, 2025.

Employees – the most important resource to any transition is the skill and the experience of its team. We fully understand the city’s and state’s requirement of hiring qualified displaced workers. As outlined in our proposal on page 68, we intend to engage with Republic Services as soon as allowed by the company.

MVD’s hiring standards based on service transitions requires potentially displaced workers, this time from Republic Services, to complete their existing contract in Clovis before joining Mid Valley. In addition to the pool of displaced workers, our HR department will continue standard recruiting practice through job fairs, recruiting websites, social media and internal employee referrals. S uccessful candidates will go through our standard interview process, and subsequently our robust onboarding and training programs shortly after the contract approval.

Within our current workforce, we may choose to transition or grant current employee requests, to transfer into roles that service the city of Clovis. Our dedicated Training & Resource Center provides a centralized location for driver training, the required safety and compliance education. Training for the roles of Service Liaison (route supervisor), and Diversion Coordinator (recycling coordinator) will also occur. In the event that existing employees are transitioned into roles that will serve the city of Clovis, our HR department is prepared to backfill these roles at any given time.. There is more detail about our recruitment and training process in our proposal on page 49 and 105. 288
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Billing and Fee Collection – this is a direct touchpoint to the customer, which we handle with care and accuracy. Led by our Director of Administration, w e start with the billing records of the city. Our internal team will m eet with key stakeholders to review and understand billing codes, and cycles. Baseline service information is verified through the site checks (right -sizing), and any discrepancies are brought to the city’s attention for resolution. When 3rd party billing is conducted by the incumbent hauler, we generally follow the same process. In the rare case when the incumbent hauler s refuse to provide their data, we will use business license information to start the on -site checks. All available data is uploaded or keyed into our CRM for billing, reporting, and routing.

Missing account information typically filters through customer service calls (customer calling for service with no account), thus receiving priority attention.

Billing cycles are aligned with the city. Collection attempts are made after 90 days past due. We work with the city to resolve any non-payment status before service ends.

We reconcile commercial AB939 franchise fee by sending the city a list of commercial accounts with billing detail that includes customer name, service address, quantity, size, material type, frequency and rates billed. In the event when funds are owed to the customer, it is at the city’s discretion to provide the customer a direct payment or provide future discount of franchise fees from the amount owed on the residential billing.

We use the same process for the residential billing All detail will be included, and an invoice summary is provided with the amount owed from city by quantity and material type. If there are discrepancies, we will work with the city to resolve any discrepancies through billing & onsite audits.

Determination of Route and Procedures – crucial data from the city utilities department helps establish billing and service addresses. Similar to a request to the city for customer data, we expect the incumbent to also provide a data file from that reflects service information for multifamily and commercial customers.

Single family (SF) data will be mapped on an overlay of the city trash service maps, and we will work with the city to understand their trash routing pattern – starting points, end points, etc. to avoid any overlap or congestion. SF routes will be sequenced to maximize right-hand turns, and geo-code container placement which will be loaded into our Routeware tablets, described on page 82 of our proposal. Post -implementation may generate a house count audit if we fi nd significant discrepancies between city data and route data. Multifamily and commercial data will be site checked in advance to confirm service data, and to geo-code where the containers are currently located or will be located. This is in part of the right-sizing process that Recycling Programs Manager Billie Hansen described in our interview and our implementation plan on page 67 of our proposal. All route data will be optimized through Routeware and validated on dry route runs.

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Following our kickoff meeting noted on page 66, we can establish the standard operating procedures (SOP) with the city. Most of the scope of service fits our current operating procedures. Anything outside of our current scope will be identified and addressed early in the transition process, incorporated into our training programs, and communicated where specific city service standards are shared with appropriate employees.

Delivery of Containers – We anticipate all necessary containers stage d, assembled and prepared for delivery at a local MVD yard in Clovis by May 2025 (MVD proposal page 68) . As described in our interview, through the right sizing process, we will have identified preexisting Republic containers and will coordinate a plan to exchange those containers pre or post implementation. Our recent history indicates that we will continue to service Republic containers after August 1, with exchanges occurring in an orderly manner in the following 4 to 6 weeks.

Public Education - Following the execution of a franchise agreement, Mid Valley Disposal works closely collaborate with city staff to ensure a seamless transition.

Our Operations team, and Recycling Department , coordinates with city staff to identify goals and objectives , and align clear messaging. This collaborative approach is critical to maintaining clear communication and fostering a shared understanding of the transition process.

To prepare the public for the change, we developed comprehensive outreach materials that introduced Mid Valley Disposal as the new hauler and detailed what customers could expect in the months leading up to the transition date (reference Section 2:M page 87 of the proposal). These materials were strategically designed to be clear, informative, and accessible to all audiences.

In addition to the outreach materials, we hosted town hall meetings in the months leading up to the transition. These meetings provided members of the community with an open forum to ask questions, voice concerns, and gain a better understanding of the new services and expectations. These sessions playe d a vital role in building trust and ensuring transparency throughout the transition process.

As mentioned in the in-person interview as part of our proactive outreach efforts, we deployed six experienced Recycling Coordinators to engage directly with the community. Their primary responsibilities included outreach to all commercial and multi-family businesses to collect essential information, identify right-sizing opportunities for waste services, and assist businesses in completing SB 1383 waiver applications where applicable. Additionally, they worked closely with customers to document SB 1383 -compliant services and preferences for the transition.

By working closely with the city and leveraging the expertise of our Recycling Department, we successfully aligned our operations and outreach efforts with community needs and regulatory requirements, resulting in a seamless transition to Mid Valley Disposal’s services.
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5.4.3.6 With nearly 30 years of service in the Central Valley, we are rarely faced with unfamiliar issues. Our collective experience allows us to leverage our team’s knowledge and adapt to solve these issues – no matter how complex the transition may be – minimal impact on the community.

In a prior transition, the incumbent hauler in Gustine and Orange Cove chose to exit early in the process causing a negative customer experience and reflected poorly on city officials . This act by the incumbent forced us to execute a contingency contract to start existing collection services immediately, with a full contract implementation 30 – 60 days later. We diligently worked with city officials to expedite service data where possible, and quickly provided containers where the incumbent had abandoned service.

During the rollout of services in the city of Gustine, one of the primary challenges Mid Valley Disposal faced was the lack of data provided by the incumbent hauler.

Essential information, such as business names, contact details, existing service levels, and compliance requirements, was not made a vailable, which created significant obstacles in preparing for the transition.

To address this issue, the Mid Valley Disposal Recycling Department and Operations team worked diligently to collect all necessary data independently.

This included identifying key customer data, service levels and ensuring customers and the city was in compliance with state and local regulations. Our team executed standard practice to identify right-sizing opportunities for existing services and assist businesses in completing SB 1383 waiver applications where applicable.

During another service transition, the incumbent was in default of their agreement. To address challenge, MVD initiated an extra two weeks of trash service , requiring us to bring in additional resources and systematically service overloaded containers and clear enclosures of all debris.

Inaccurate and missing data related to service and route is inevitable. This data is typically corrected during site checks (right-sizing)and post collection. One is example occurred during the pandemic when a bar closed. The city stopped billing, but never requested removal of their bin. The incumbent pulled their bin but we were unaware this location needed a new container because the customer’s data was not captured on any list provided to us. Within 4 hours of the customer calling the city, we delivered a container , serviced the excess trash , and we officially added the customer to the database.

Another unique challenge was managing and resolving non -standard service levels, such as 1.5 -yard plastic toter barrels that were shared among multiple businesses. These shared services were replaced with individualized service solutions, tailored to the s pecific needs of each business. This ensured both operational efficiency and compliance, while also improving customer satisfaction.
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AGENDA ITEM NO. 14.

Despite the initial lack of data, Mid Valley Disposal successfully completed these tasks within a short timeframe, all prior to the transition date. This proactive and systematic approach ensured that the transition to our services was smooth and seamless for the city and its businesses.

Upon the launch of large education campaigns, we expect to hear from some business and property owners that they were not aware of the service transition, nor new programs, or new state mandates. As we described in our interview, our Recycling Team works closely to educate businesses and provide the appropriate service options . We support city staff to track compliance to resolve any recalcitrant people.

From the fall of 2020 through most of 2022, the COVID pandemic highlighted our industry as an essential service. We were obligated to continue to provide service every day even as the pandemic forced us to adjust and adapt our day -to-day operations. As a locally owned and operated company, our employees showed extreme dedication to the job, ensuring limited disruption in services during this unprecedented global event. Our ability to overcome challenges, big and small, reflects the expertise, adaptability, and dedication of our team.

5.4.4 MVD Key Personnel organizational chart is enclosed. It contains all key personnel listed in our proposal. See pages 31-38.

5.4.4 As we described in our interview, the team present at the interview , as well asadditional employees featured on the attached org chart, will be directly involved in the transition.

5.4.4 Many members of the transition team will also be part of the on -going management team. This provides continuity for the city and community at large . An organizational chart only reflecting on going members of the team is attached.

5.5.4.9 The standard crew size for residential ASL trucks is one employee. The standard crew size for a MF and Commercial truck is two employees. We reserve one additional employee for the MF and Commercial ASL truck dependent on the number of long push outs.

5.5.5.1 The estimated tons by account type were included in tab 2 of attachment B and extrapolated below.

Account T ype Cart Service Bin Service
Tons Collected* 20,204 785
Tons Processed 20,204 785
Tons
Marketed**
11,516 400
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AGENDA ITEM NO. 14.
* Annual tons from form B tab 2
** Tons processed less residual and shrinkage

5.5.7.1.1 As noted on page 6 , Christmas Tree Disposal will begin on December 25 and continue for 14 working days after the holiday. All holiday trees will be collected with other organic materials and will be dumped at our transfer station located at 2721 S Elm Ave, in Fresno. This will be subsequently transferred to our Kerman Compost operations located at 15300 W Jensen Ave. The details of this location and process are detailed on page 55 of our proposal.

5.5.7.1.2 After the contract award, Mid Valley Disposal will propose specific used oil and filter recovery kits that will be sourced for customer use. The kit will contain a design to catch and securely stow up to 2.5 gallons of used motor oil. It will contain a securable 2.5-gallon bag for oil filters, with an oil absorbent pad for spill sand a pair of latex gloves. Upon customer request, Mid Valley Disposal will initiate a service order for tracking. The recovery kit will be delivered to the resident within 3 business days of request.

As detailed in our proposal on page 49, collection trucks will have new motor oil and filter recovery kits to exchange for motor oil and filters placed for collection.

Our drivers will attempt to spot motor oil and filters that are not placed in these kits. Improperly placed motor oil will be noted on their tablet with a picture, a non- collection notice will be left, and a collect kit left for the resident to utilize.

All collection drivers will be fully trained in the proper collection of motor oil and filters, and identification and mitigation of obvious contamination. Our trucks are also equipped with special toolboxes to hold new kits, collected used kits, and clean up kits for any oil spills. Used kits will be returned to our Fresno operation, where they will be properly process by our licensed used oil partner

5.5.10.7 We indicated the real time service reporting in our proposal on page 82. As we discussed in our interview, we can provide real time access to route progress via GPS, service order completion, and service discrepancy information with route taken pictures.

We currently provide the city requested data in Article 6 and Exhibit D to other cities along with customized reporting.

5.8.4 The signed Workers Compensation Certification (attachment H) is included.

5.8.5 The signed Drug Free Workplace Certification (attachment I) is included. 293
AGENDA ITEM NO. 14.

MVD Key Personnel for City of Clovis
JOE Heisdorf
CFO
LISA Helm
Director of
Administration
NELLA Leos
Customer Service
Manager
TO BE Hired
Human Resources
JOSEPH Kalpakoff
President & CEO
KACEY Auston
Government Liaison
(external consultant)
JAY Fowler
District Manager –
North
CHRISTIAN Horta
Operations Manager
RANDY Devaney
Fleet Manager –
North
BILLIE Hansen
Recycling Programs
Manager – North
MARIA Ayala
Food Recovery
Program Specialist
MEGAN Guarducci
Sr. Manager, Safety &
Environmental
Compliance

JONATHAN
Kalpakoff
Executive Vice
President
ABEL Salazar, Jr.

Post-Collections
Manager
(Recyclables)
MIKE Gonzalez
Post-Collections
Manager (Organics)
Confidential
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AGENDA ITEM NO. 14.

JOE Heisdorf
CFO
TO BE Hired
Human Resources
LISA Helm
Director of
Administration
JOSEPH Kalpakoff
President & CEO
JAY Fowler
District Manager –
North
CHRISTIAN Horta
Operations Manager
RANDY Devaney
Fleet Manager – North
BILLIE Hansen
Recycling Programs
Manager – North
MEGAN Guarducci
Sr. Manager, Safety &
Environmental
Compliance

JONATHAN
Kalpakoff
Executive Vice
President
ABEL Salazar, Jr.

Post-Collections
Manager
(Recyclables)
MIKE Gonzalez
Post-Collections
Manager (Organics)
MVD Transition Team for City of Clovis
Confidential
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AGENDA ITEM NO. 14.

JOE Heisdorf
CFO
NIKOLE Ekizian
Controller
LISA Helm
Director of
Administration
NELLA Leos
Customer Service
Manager
JOSEPH Kalpakoff
President & CEO
JAY Fowler
District Manager –
North
CHRISTIAN Horta
Operations Manager
DANIEL Dorris
Route Supervisor
RANDY Devaney
Fleet Manager – North
BILLIE Hansen
Recycling Programs
Manager – North
CRISTINA Herrera
Recycling Coordinator
MEGAN Guarducci
Sr. Manager, Safety &
Environmental
Compliance

JONATHAN
Kalpakoff
Executive Vice
President
ABEL Salazar, Jr.

Post-Collections
Manager
(Recyclables)
MIKE Gonzalez
Post-Collections
Manager (Organics)
MVD Day-to-Day Management Team for City of Clovis
Confidential
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AGENDA ITEM NO. 14.
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AGENDA ITEM NO. 14.
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AGENDA ITEM NO. 14.

City of Clovis Base Services
Proposer Name: Mid-Valley Disposal, LLC
Note to proposer: No data input required on this Form 0 Form Title
Rate Period 1
Total Revenue
1 Estimated Residential Revenue - Rate Period One (without bagged organics) $5,510,244.96 2 Estimated Multi-Family/Commercial Revenue - Rate Period One (without bagged organics) $2,065,555.47 3 Estimated Miscellaneous Services Revenue for Rate Period One (without bagged organics) $6,160.29 Total Rate Revenue $7,581,960.72
4 Proposed Rate Period 1 Cost (without bagged organics) $7,581,945.39 5 Surplus/(Deficit)* $15.33
* Note: The proposed annual cost should be no more than $1,000 different from the Total Rate Revenue. 300
AGENDA ITEM NO. 14.

Form 1General Proposer Information City of Clovis Base Services Proposer Name: Mid-Valley Disposal, LLC
A. Primary Contact Information
1 Name
Joseph J. Kalpakoff
2 Title
CEO/President
3 Phone
(559) 237-9425
4 Fax
NA
5 E-mail
[email protected]
B. Support Facilities
1 Address of collection vehicle parking, maintenance,
washing, and route staff parking facility(ies)
3444 W Whitessbridge Rd. Fresno, CA 93706
2 Address of administrative office
15300 W Jensen Ave Kerman, CA 93630
3 Address of billing office
15300 W Jensen Ave Kerman, CA 93630
4 Address of customer service office
3444 W Whitessbridge Rd. Fresno, CA 93706
C. Recyclable Materials Processing and Handling
1 Name of processing site
Mid Valley Recycling Elm Ave MRF
2 SWIS ID
10-AA-0188
3 Hauling method (e.g. direct haul, transfer haul, pod
haul) Direct Haul
4 Name and address of transfer location (if applicable) D. Organic Materials Processing and Handling (co-mingled YW/FW) 1 Name of processing site
Mid Valley Recycling Kerman Compost
2 SWIS ID
10-AA-0201
3 Hauling method (e.g. direct haul, transfer haul, pod
haul) Transferd
4 Name and address of transfer location (if applicable) Mid Valley Recycling Elm Ave TS 2721 S Elm Ave
5 Bagged materials accepted at facility?
Commercial Only
E. Other Processing and Handling (Optional)*
1 Name of processing site
2 SWIS ID
3 Hauling method (e.g. direct haul, transfer haul, pod
haul)
4 Name and address of transfer location (if applicable) Note to proposer: Input data in yellow shaded areas only. * Insert Rows as Needed to Reflect Additional Facility(ies) and/or Subcontractor Information.

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AGENDA ITEM NO. 14.

Form 2Operating Statistics
Proposer Name: Mid-Valley Disposal, LLC
Note to proposer: Input data in yellow shaded areas only.

Recyclable
Materials
Organic
Materials
Recyclable
Materials
Organic
Materials
Ancillary
Services Other TOTAL
Account Information
1 # of weekly accounts (customers) 36,716 36,109 821 174 0 0 N/A Labor Information
2 # of regular route personnel 5.5 5.5 5.0 1.2 17.2
3 Labor hours/day/person 9.6 9.8 9.8 9.0
4 Total labor hours/year 13,728 14,014 15,288 3,370 120 120 46,640 Route Information
5 # of routes per week (including weekends) 5.50 5.50 3.00 0.60 0.00 0.00 14.6 6 # of persons per route (including weekends) 1.0 1.0 1.0 1.0 0.0 0.0 4.0 7 # of route hours/day/route (including weekends) 8.2 8.3 8.1 7.0 0.0 0.0 8 # of route hours per year per: 11,726 11,869 6,318 1,092 0 0 31,005 9 # of FTE routes 5.64 5.71 3.04 0.53 0.00 0.00 15
10 Total # of cart setouts per day for all routes 25,105 23,312 11 # of cart setouts/day/FTE route 4,453 4,085
12 # of cart setouts per week for all routes 125,525 116,560 13 # of lifts or pulls per week for all routes 1,242 295 0 0 14 # of lifts or pulls per year for all routes 64,584 15,340 0 0 15 # of lifts or pulls per route hour 10.22 14.05 0.00 0.00 Vehicle Information
16 # of regular collection vehicles 5.5 5.5 3.0 0.5 0.0 0.0 14.5 17 # of spare collection vehicles 0.0 1.0 1.0 0.0 0.0 0.0 2.0 18 Total # of collection vehicles 5.5 6.5 4.0 0.5 0.0 0.0 16.5 Tonnage Information (annual)
19 Recyclable Materials Collected 9,606 2,944 12,550.0
20 Organic Materials Collected 20,204 785 20,989.0
21 Materials Collected from Ancillary Services 178 178.0 22 Other Materials Collected (Specify) ______________ 0 0 0 0 0 20 19.5 23 Other Materials Collected (Specify) ______________ 0 0 0 0 0 0 0.0 24 Total Collected 9,606 20,204 2,944 785 178 20 33,736.5 25 Processing residue disposed 1,825 1,010 442 118 0 0 3,395.0 26 Net Diverted 7,781 19,194 2,502 667 178 20 30,341.5
Overall Diversion Rate 89.9%
Cart Service Bin Service Other
Description

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AGENDA ITEM NO. 14.

Form 3
Proposed Labor Requirements
Proposer Name: Mid-Valley Disposal, LLC
Note to proposer: Input data in yellow shaded areas only.

Route Personnel Headcount (include fraction of employee) Cart Recyclable Materials 5.5 1.0 6.5 $27.00 $8.53
Cart Organic Matrials 5.5 1.0 6.5 $27.00 $8.53
Bin Recyclable Materials 5.0 0.8 5.8 $27.00 $8.53
Bin Organic Materials 1.2 0.0 1.2 $27.00 $8.53
Scout Service 1.0 0.0 1.0 $22.00 $8.53
Ancillary Services 0.0 0.0 0.0
Commercial Container Cleaning/Exchange 0.0 0.0 0.0
Other (Specify) ______________________________ 0.0
Other (Specify) ______________________________ 0.0
Other (Specify) ______________________________ 0.0
Subtotal Route Personnel 18.2 2.8 21.0
Other Personnel Headcount (include fraction of employee) Notes Executive Management (CEO, CFO, COO, etc.) 0.2 $100.00 $12.50 Both named Joe General Manager 0.1 $75.00 $12.50
Operations Manager 1.0 $50.00 $12.50
Service Liaison
Municipal Relations Manager
Government Liaison 0.5 $40.00 $12.50
Route Supervisor 1.0 $35.00 $12.50
Dispatcher 0.5 $22.00 $8.53
Container Distribution
Container Maintenance/Welder 0.1 $24.00 $8.53
Maintenance Supervisor
Maintenance Personnel 1.4 $32.00 $8.53
Controller 0.1 $50.00 $12.50
Safety Specialist 0.2 $35.00 $12.50
Staff Accountant 0.1 $30.00 $8.53
Office Manager 0.1 $45.00 $12.50
Human Resources 0.1 $45.00 $12.50
Accounting Clerk
Billings Clerk 0.1 $25.00 $8.53
Accounts Receivable Clerk 0.1 $25.00 $8.53
Collection Clerk
Financial Analyst
Benefits Coordinator 0.1 $30.00 $8.53
Customer Service Supervisor 0.1 $30.00 $8.53
Customer Service Representatives 2.0 $20.00 $8.53
Sales Coordinator
Recycling Manager 0.2 $40.00 $12.50
Diversion Coordinator(s) (up to 1 FTE equivalent) 1.0 $23.00 $8.53 Other (specify): __________________
Other (specify): __________________
Subtotal Other Personnel 9.0

30.0 Hauler Equivalent Position Title
Benefits
Cost/Hour
# of Regular
Personnel
# of
Casual/Pool Total Hourly Rate
Benefits
Cost/Hour
Hourly Rate
# of
Employees
District Manager
N/A
Total All Personnel

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AGENDA ITEM NO. 14.

Form 4
Summary of Proposed Costs
Proposer Name: Mid-Valley Disposal, LLC
Note to proposer: Input data in yellow shaded areas only.

RATE PERIOD 1
August 1, 2025 - July 31, 2026 Recyclable
Materials
Organic
Materials
Recyclable
Materials
Organic
Materials
Ancillary
Services Other TOTAL
Kitchen
Caddies for
Multi-Family
Customers
Commercial
Container
Cleaning/
Exchange
Cost of Operations
Labor-Related Costs $613,620 $613,620 $416,810 $83,362 $89,614 $12,400 $1,829,426 Vehicle-Related Costs $170,875 $170,875 $81,369 $16,274 $4,285 $0 $443,678 Fuel Costs $216,475 $243,890 $121,945 $24,389 $6,874 $0 $613,573 Other Costs $183,309 $195,000 $97,500 $19,500 $12,815 $1,000 $509,124 Direct Depreciation $268,950 $268,950 $134,475 $26,895 $0 $0 $699,270 $10,000 Total Allocated Costs - G&A and Vehicle $292,480 $294,555 $147,278 $39,456 $1,700 $0 $775,469 Total Cost of Operations $1,745,709 $1,786,890 $999,377 $209,876 $115,288 $13,400 $4,870,539 $10,000 $0 Profit $139,657 $142,951 $79,950 $16,790 $9,223 $388,571 Pass-Through Costs
Recyclable Material Processing Costs $360,225 $88,320 $448,545 Organic Material Processing Costs (without bags) $642,487 $62,800 $705,287 Other Processing Costs $0 $0 $0 $0 $0
Disposal Costs (Residue) $82,131 $45,459 $19,872 $5,299 $152,761 Interest Expense $170,520 $170,520 $130,899 $27,550 $499,489 Total Pass-Through Costs $612,876 $858,466 $239,091 $95,649 $0 $0 $1,806,082 $0 $0 $2,498,241 $2,788,307 $1,318,417 $322,315 $124,511 $13,400 $7,065,192 $10,000 $0 Recyclable Material Revenue Sharing
Rebate Per Ton (1) $17.01 $17.01
Estimated Tonnage to be Collected 9,606.00 2,944.00 $213,476 AB 939/SB 1383 Fee
5% of Gross Commercial Receipts $103,278 FF and CS will be calculated once alt Public Education and Outreach
Minimum $200,000 Annually $200,000
Total Proposed Costs (organics without bags) - - - - - - - - - - - - - - - $7,581,945 $10,000 $0 Additional Organic Material Processing Costs
(with bags, if applicable) not available 57,000$ $57,000 Total Proposed Costs (organics with bags) (2) $7,638,945 (1) Rebate per ton shown is current rebate per ton. This amount will be adjusted by the index in the Franchise Agreement prior to commencement of services. (2) If City elects for plastic bags, rates will be adjusted proportionally to the increase in costs.

Cart Service Bin Service
Total Costs before City Fees
Optional ServicesOther

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AGENDA ITEM NO. 14.

Form 5
Capital Requirements City of Clovis Base Services
Proposer Name: Mid-Valley Disposal, LLC
Note to proposer: Input data in yellow shaded areas only.

Actual Spare Total Actual Spare Total Actual Spare Total Vehicles
Collection Vehicles
Residential Cart Recyclable Materials 5 1 6 0 5 1 6 $2,940,000 490,000.00$ Residential Cart Organic Materials 5 1 6 0 5 1 6 $2,940,000 490,000.00$ Commercial Cart Recyclable Materials 0 0 0 0 0 N/A
Commercial Cart Organic Materials (Comingled YW/GW) 0 0 0 0 0 N/A Commercial Bin Recyclable Materials 3 3 0 3 0 3 $1,425,000 475,000.00$ Commercial Bin Organic Materials (Comingled YW/GW) 1 1 0 1 0 1 $475,000 475,000.00$ Roll-Off 0 0 0 0 0 N/A
Subtotal 14 2 16 0 0 0 14 2 16 $7,780,000
Other Vehicles
Pickup Trucks 2 2 0 2 0 2 $100,000 50,000.00$
Container Distribution 1 1 0 1 0 1 $195,000 195,000.00$ Mobile Service Truck 0 0 0 0 0 N/A
Scout 0 0 0 0 0 N/A
Other (specify): __________________ 0 0 0 0 0 N/A
Other (specify): __________________ 0 0 0 0 0 N/A
Subtotal 3 0 3 0 0 0 3 0 3 $295,000
Total Vehicle Cost $8,075,000
Containers
Carts
Recyclable Materials 96-gallon
(Commercial Customers and Residential Replacements)(1) 900 900 0 900 0 900 $46,125 51.25$ Organic Materials 96-gallon
(Commercial Customers and Residential Replacements)(1) 800 800 0 800 0 800 $41,000 51.25$ Organic Materials Reduced Volume _________ gallons
(Commercial Customers)(1) 200 200 0 200 0 200 $9,750 48.75$ Organic Materials Reduced Volume _________ gallons
(Commercial Customers)(1) 200 200 0 200 0 200 $9,750 48.75$ Subtotal 2100 0 2100 0 0 0 2100 0 2100 $106,625
Bins
1 cubic yard 225 225 0 225 0 225 $151,875 675.00$

1.5 cubic yards 0 0 0 0 0 0 N/A
2 cubic yards 275 275 0 275 0 275 $206,250 750.00$
3 cubic yards 300 300 0 300 0 300 $255,000 850.00$
4 cubic yards 200 200 0 200 0 200 $190,000 950.00$
5 cubic yards 0 0 0 0 0 $0 N/A
6 cubic yards 25 25 0 25 0 25 $28,750 1,150.00$
Subtotal 1025 0 1025 0 0 0 1025 0 1025 $831,875
Other
Multi-Family Kitchen Caddies 7000 7000 0 7000 0 7000 $105,000 15.00$

Other (specify): __________________ 0 0 0 0 0 N/A
Subtotal 7000 0 7000 0 0 0 7000 0 7000 $105,000
Total Container Cost (excluding kitchane caddies) $938,500 Other Description
Offices N/A
Processing Site(s) N/A
Transfer Station N/A
C
orporation Yard/Maintenance N/A
Container Storage Yard N/A
S
hop Equipment $8,500 N/A
Fueling Equipment N/A
Computer and Office Equipment $14,500 N/A
Other (specify): __________________ N/A
Other (specify): __________________ N/A
Total Other Cost $23,000
Total Capital Cost $9,036,500
Quantity
Total Capital Cost
Over Contract Term
(in 2024 dollars) Average Price
New Used Total
Additional stocked tool box for maintenance tech, misc shop supplies (1) Per Draft Services Agreement Section 5.6.E, Contractor shall supply all Carts and Bins for Commercial Customers and Multi-Family Customers with centralized service. The City with charge the Contractor for replacement Recyclable and Organic Materials Carts for Residential Customers with individual service for each dwelling unit.

CSR workstations, office furniture, IT and telecom infrastructure, miscellaneous office furnishings, secutiy

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AGENDA ITEM NO. 14.

Rate Period One
August 1, 2025 through July 31, 2026

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AGENDA ITEM NO. 14.

Form 7
Rate Proposal for Commercial Solid Waste Cart & Bin Services City of Clovis Base Services Proposer Name: Mid-Valley Disposal, LLC
Rates for Regularly Scheduled Recycling Cart & Bin Service Type of Service Container Size
Service Frequency
(Pick-Ups/Week)
Current Monthy
Refuse Rate
Current
Monthly Rate
Proposed
Maximum Monthly
Rate
Average # of
Service
Instances per
Month
Estimated Rate
Period One
Revenues
96-gal Cart 1 NA $7.90 852 $80,770
2 NA $15.10 1 $181
3 NA $0
4 NA $0
5 NA $0
6 NA $0
Sunday NA $0
1 cubic yard Bin 1 $77.44 $38.72 $41.82 84 $42,152
2 $154.88 $77.44 $83.64 9 $9,033
3 $232.32 $116.16 $125.45 $0
4 $309.76 $154.88 $167.27 $0
5 $387.20 $193.60 $209.09 $0
6 $464.64 $232.32 $250.91 $0
Sunday $0

1.5 cubic yard Bin 1 $106.52 $53.26 $0
2 $213.04 $106.52 $0
3 $319.56 $159.78 $0
4 $426.08 $213.04 $0
5 $532.60 $266.30 $0
6 $639.12 $319.56 $0
Sunday $0
2 cubic yard Bin 1 $135.60 $67.80 $73.22 245 $215,279
2 $271.20 $135.60 $146.45 34 $59,751
3 $406.80 $203.40 $219.67 9 $23,725
4 $542.40 $271.20 $292.90 1 $3,515
5 $678.00 $339.00 $366.12 1 $4,393
6 $813.60 $406.80 $439.34 $0
Sunday $0
3 cubic yard Bin 1 $201.23 $100.62 $108.66 195 $254,274 2 $402.46 $201.23 $217.33 73 $190,380
3 $603.69 $301.85 $325.99 28 $109,534
4 $804.92 $402.46 $434.66 16 $83,454
5 $1,006.15 $503.08 $543.32 6 $39,119
6 $1,207.38 $603.69 $651.99 1 $7,824
Sunday $0
4 cubic yard Bin 1 $266.85 $133.43 $144.10 71 $122,772
2 $533.70 $266.85 $288.20 42 $145,252
3 $800.55 $400.28 $432.30 27 $140,064
4 $1,067.40 $533.70 $576.40 8 $55,334
5 $1,334.25 $667.13 $720.50 2 $17,292
6 $1,601.10 $800.55 $864.59 11 $114,126
Sunday $0
5 cubic yard Bin 1 $332.47 $166.24 $0
2 $664.94 $332.47 $0
3 $997.41 $498.71 $0
4 $1,329.88 $664.94 $0
5 $1,662.35 $831.18 $0
6 $1,994.82 $997.41 $0
Sunday $0
6 cubic yard Bin 1 $398.09 $199.05 $214.97 10 $25,796
2 $796.18 $398.09 $429.94 4 $20,637
3 $1,194.27 $597.14 $644.91 2 $15,478
4 $1,592.36 $796.18 $859.87 $0
5 $1,990.45 $995.23 $1,074.84 $0
6 $2,388.54 $1,194.27 $1,289.81 $0
Estimated Recycling Bin Revenue for Rate Period One $1,780,134 Recyclable Materials
Recyclable Materials
Recyclable Materials
Recyclable Materials
Recyclable Materials
Recyclable Materials
Recyclable Materials
Instructions to Proposer: Only enter rates and/or service level estimates into cells shaded yellow.

Other rates and estimated revenues will be calculated based on these inputs.

Rate Period One
August 1, 2025 through July 31, 2026
Recyclable Materials

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AGENDA ITEM NO. 14.

Form 7
Rates for Regularly Scheduled Organics Cart & Bin Service Type of Service Container Size
Service Frequency
(Pick-Ups/Week)
Current
Monthly Rate
Proposed
Maximum Monthly
Rate
Average # of
Service
Instances per
Month
Estimated Rate
Period One
Revenues
____ -gal Cart 1 NA $0
2 NA $0
3 NA $0
4 NA $0
5 NA $0
6 NA $0
96-gal Cart 1 NA $17.00 245 $49,980
2 NA $32.00 54 $20,736
3 NA $47.00 12 $6,768
4 NA $0
5 NA $0
6 NA $0
Sunday NA $0
1 cubic yard Bin 1 $77.44 $46.46 $46.46 194 $108,168
2 $154.88 $92.93 $92.93 3 $3,345
3 $232.32 $139.39 $139.39 5 $8,364
4 $309.76 $185.86 $185.86 $0
5 $387.20 $232.32 $232.32 $0
6 $464.64 $278.78 $278.78 $0
Sunday $0

1.5 cubic yard Bin 1 $106.52 $63.91 $63.91 3 $2,301
2 $213.04 $127.82 $127.82 $0
3 $319.56 $191.74 $191.74 $0
4 $426.08 $255.65 $255.65 $0
5 $532.60 $319.56 $319.56 $0
6 $639.12 $383.47 $383.47 $0
Sunday $0
2 cubic yard Bin 1 $135.60 $81.36 $81.36 56 $54,674
2 $271.20 $162.72 $162.72 3 $5,858
3 $406.80 $244.08 $244.08 1 $2,929
4 $542.40 $325.44 $325.44 $0
5 $678.00 $406.80 $406.80 2 $9,763
6 $813.60 $488.16 $488.16 $0
Sunday $0
3 cubic yard Bin 1 $201.23 $120.74 $120.74 2 $2,898
2 $402.46 $241.48 $241.48 2 $5,795
3 $603.69 $362.21 $362.21 $0
4 $804.92 $482.95 $482.95 $0
5 $1,006.15 $603.69 $603.69 $0
6 $1,207.38 $724.43 $724.43 $0
Sunday $0
4 cubic yard Bin 1 $266.85 $160.11 $160.11 2 $3,843
2 $533.70 $320.22 $320.22 $0
3 $800.55 $480.33 $480.33 $0
4 $1,067.40 $640.44 $640.44 $0
5 $1,334.25 $800.55 $800.55 $0
6 $1,601.10 $960.66 $960.66 $0
Sunday $0
5 cubic yard Bin 1 $332.47 $199.48 $0
2 $664.94 $398.96 $0
3 $997.41 $598.45 $0
4 $1,329.88 $797.93 $0
5 $1,662.35 $997.41 $0
6 $1,994.82 $1,196.89 $0
Sunday $0
6 cubic yard Bin 1 $398.09 $238.85 $0
2 $796.18 $477.71 $0
3 $1,194.27 $716.56 $0
4 $1,592.36 $955.42 $0
5 $1,990.45 $1,194.27 $0
6 $2,388.54 $1,433.12 $0
Estimated Organics Bin Revenue for Rate Period One $285,422 Organic Materials
Organic Materials
Organic Materials
Organic Materials
Organic Materials
Organic Materials
Organic Materials
Rate Period One
August 1, 2025 through July 31, 2026
Organic Materials
Organic Materials
(Optional Reduced Volume)

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Form 7
Rates for Miscellaneous Services (Per Occurrence)
Type of Service Container Size
Service Frequency
(Pick-Ups/Week) Current Rate
Proposed
Maximum Rate
Average # of
Service
Instances per
Month
Estimated Rate
Period One
Revenues
96-gal cart Per-Occurrence
Rate $5.00 1 $60
1 cubic yard container Per-Occurrence
Rate $29.27 1 $351

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AGREEMENT

BETWEEN

CITY OF CLOVIS
AND
________________________
FOR

RECYCLABLE AND ORGANIC MATERIALS COLLECTION,

PROCESSING, AND MARKETING SERVICES
DATED: _________
ATTACHMENT 2
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Table of Contents
RECITALS ................................ ................................ ................................ ................................ 1 ARTICLE 1. GRANT AND ACCEPTANCE OF SERVICE ................................ ......................... 2

1.1 GRANT AND ACCEPTANCE OF SERVICE ................................ ................................ . 2

1.2 LIMITATIONS TO THE SERVICE ................................ ................................ ............... 2

1.3 OBLIGATIONS OF PARTIES ................................ ................................ ....................... 4 ARTICLE 2. TERM OF AGREEMENT ................................ ................................ ...................... 5

2.1 TERM AND OPTION TO EXTEND ................................ ................................ .............. 5

2.2 CONDITIONS TO EFFECTIVENESS OF AGREEMENT ................................ ................ 5 ARTICLE 3. SCOPE OF AGREEMENT ................................ ................................ .................... 6

3.1 SUMMARY SCOPE OF SERVICES ................................ ................................ .............. 6

3.2 USE OF APPROVED FACILITIES ................................ ................................ ................ 6

3.3 SUBCONTRACTING ................................ ................................ ................................ ... 7

3.4 RESPONSIBILITY FOR MATERIALS ................................ ................................ .......... 7

3.5 CITY-DIRECTED CHANGES TO SCOPE ................................ ................................ ..... 7 ARTICLE 4. SCOPE OF SERVICES ................................ ................................ .......................... 8

4.1 RECYCLABLE MATERIALS ................................ ................................ ....................... 8

4.2 ORGANIC MATERIALS ................................ ................................ .............................10

4.3 RESERVED ................................ ................................ ................................ ................12

4.4 OTHER COLLECTION SERVICES ................................ ................................ ..............12

4.5 SPECIAL EVENTS ................................ ................................ ................................ .....13

4.6 PUBLIC EDUCATION AND OUTREACH ................................ ................................ ...14

4.7 COMMERCIAL BILLING ................................ ................................ ...........................15

4.8 CUSTOMER SERVICE PROGRAM ................................ ................................ .............17

4.9 EXTENDED PRODUCER RESPONSIBILITY PROGRAMS ................................ ..........19

4.10 SERVICE EXEMPTIONS ................................ ................................ ............................21

4.11 CONTAMINATION MONITORING ................................ ................................ ............23 ARTICLE 5. STANDARD OF PERFORMANCE ................................ ................................ .......26

5.1 GENERAL ................................ ................................ ................................ ..................26

5.2 OPERATING HOURS AND SCHEDULES ................................ ................................ ...26

5.3 COLLECTION STANDARDS ................................ ................................ ......................27

5.4 TRANSFER AND PROCESSING STANDARDS ................................ ...........................28

5.5 COLLECTION VEHICLE REQUIREMENTS ................................ ................................ 29

5.6 CONTAINER REQUIREMENTS ................................ ................................ ..................30

5.7 PERSONNEL ................................ ................................ ................................ ..............34

5.8 EXCLUDED WASTE INSPECTION AND HANDLING ................................ .................36

5.9 CONTRACT MANAGEMENT ................................ ................................ .....................37

5.10 RESERVED ................................ ................................ ................................ ................37

5.11 LOCAL PURCHASING PREFERENCE ................................ ................................ ........37

5.12 DIVERSION REQUIREMENTS ................................ ................................ ...................38 312
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ARTICLE 6. RECORD KEEPING AND REPORTING ................................ .............................. 38

6.1 RECORD KEEPING ................................ ................................ ................................ ....38

6.2 REPORT SUBMITTAL REQUIREMENTS ................................ ................................ ...39

6.3 PERFORMANCE REVIEW AND AUDIT ................................ ................................ .....39 ARTICLE 7. CITY FEES ................................ ................................ ................................ ..........40

7.1 REVENUE SHARING ................................ ................................ ................................ .......40

7.2 AB939/SB 1383 FEE ................................ ................................ ................................ ..........40

7.3 PAYMENT SCHEDULE AND LATE FEES ................................ ................................ ..40 ARTICLE 8. CONTRACTOR’S COMPENSATION AND RATE SETTING............................... 41

8.1 GENERAL ................................ ................................ ................................ ..................41

8.2 RATES AND ANNUAL ADJUSTMENTS ................................ ................................ .....41

8.3 EXTRAORDINARY RATE ADJUSTMENTS ................................ ................................ 43 ARTICLE 9. INDEMNITY, INSURANCE, AND PERFORMANCE BOND ................................ 44

9.1 INDEMNIFICATION ................................ ................................ ................................ ..44

9.2 INSURANCE ................................ ................................ ................................ ..............46

9.3 PERFORMANCE BOND ................................ ................................ .............................49 ARTICLE 10. DEFAULT AND REMEDIES ................................ ................................ ..............49

10.1 EVENTS OF DEFAULT ................................ ................................ .............................. 49

10.2 CONTRACTOR’S RIGHT TO CURE; RIGHT TO TERMINATE UPON EVENT OF DEFAULT................................ ................................ ................................ .............................. 51

10.3 CITY’S REMEDIES IN THE EVENT OF DEFAULT ................................ .....................51

10.4 POSSESSION OF RECORDS UPON TERMINATION ................................ ...................52

10.5 CITY'S REMEDIES CUMULATIVE; SPECIFIC PERFORMANCE ................................ .52

10.6 PERFORMANCE STANDARDS AND LIQUIDATED DAMAGES ................................ .53

10.7 EXCUSE FROM PERFORMANCE................................ ................................ ...............54

10.8 RIGHT TO DEMAND ASSURANCES OF PERFORMANCE ................................ .........55 ARTICLE 11. REPRESENTATIONS AND WARRANTIES OF THE PARTIES .........................57

11.1 CONTRACTOR’S CORPORATE STATUS ................................ ................................ ...57

11.2 CONTRACTOR’S CORPORATE AUTHORIZATION ................................ ...................57

11.3 AGREEMENT WILL NOT CAUSE BREACH ................................ ............................... 57

11.4 NO LITIGATION ................................ ................................ ................................ ........57

11.5 NO ADVERSE JUDICIAL DECISIONS ................................ ................................ ........58

11.6 NO LEGAL PROHIBITION ................................ ................................ .........................58

11.7 CONTRACTOR’S ABILITY TO PERFORM ................................ ................................ .58 ARTICLE 12. OTHER AGREEMENTS OF THE PARTIES ................................ ......................58

12.1 RELATIONSHIP OF PARTIES ................................ ................................ ....................58

12.2 COMPLIANCE WITH LAW ................................ ................................ ........................58

12.3 GOVERNING LAW ................................ ................................ ................................ ....58

12.4 JURISDICTION ................................ ................................ ................................ ..........59

12.5 BINDING ON SUCCESSORS ................................ ................................ ......................59

12.6 ASSIGNMENT ................................ ................................ ................................ ...........59 313
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12.7 NO THIRD-PARTY BENEFICIARIES ................................ ................................ ..........61

12.8 WAIVER ................................ ................................ ................................ ....................61

12.9 NOTICE PROCEDURES ................................ ................................ .............................61

12.10 REPRESENTATIVES OF THE PARTIES ................................ ................................ ..62 ARTICLE 13. MISCELLANEOUS AGREEMENTS ................................ ................................ ..62

13.1 ENTIRE AGREEMENT ................................ ................................ ............................... 62

13.2 SECTION HEADINGS ................................ ................................ ................................ 62

13.3 REFERENCES TO LAWS ................................ ................................ ...........................63

13.4 AMENDMENTS ................................ ................................ ................................ .........63

13.5 SEVERABILITY ................................ ................................ ................................ .........63

13.6 COUNTERPARTS ................................ ................................ ................................ ......63

13.7 EXHIBITS ................................ ................................ ................................ ..................63

List of Exhibits
A. Definitions
B. Direct Services
B1. Single-Family Residential Services
B2. Multi-Family Residential Services
B3. Commercial Services
B4. City Services
B5. City Service Levels and Locations
C. Public Education and Outreach Requirements
D. Reporting Requirements
E. Reserved
F. Performance Standards and Liquidated Damages
G. Contractor’s Proposal
G1. Technical Proposal
G2. Cost Basis for Proposal
G3. Initial Rates for Collection Services
G4. Implementation Plan and Schedule
G5. Approved Subcontractors
G6. Contractor’s Clarifications
H. Anticipated Required Positions

I. Local Purchasing Preference Policy
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Agreement 1
between 2
City of Clovis 3
and 4
_________________ 5
for Recyclable and Organic Materials Collection, Processing, and 6 Marketing Services of 7
This Agreement for Recyclable and Organic Materials Collection, Processing, and Marketing Services 8 (“Agreement”) is made and entered into as on February , 2025 between the City of Clovis, a California, 9 a municipal corporation (hereinafter “City”), and ______________, (hereinafter referred to as the 10 “Contractor”) (each a “Party” and collectively the “Parties”). 11 RECITALS 12
This Agreement is entered into with reference to the following facts and circumstances: 13 WHEREAS, capitalized terms in this Agreement shall have the meaning prescribed in the definitions 14 provided in Exhibit A attached hereto unless the context requires otherwise. 15 WHEREAS, City is a municipal corporation duly organized and validly existing under the laws of the State 16 of California with the power to carry on its business as it is now being conducted under the statues of the 17 State of California and the municipal code of the City. 18 WHEREAS, the Legislature of the State of California, by enactment of the California Integrated Waste 19 Management Act of 1989 (AB 939) (California Public Resources Code Section 40000 et seq.), has declared 20 that it is in the public interest to authorize and require local agencies to make adequate provisions for 21 Discarded Materials Collection within their jurisdiction; and, 22 WHEREAS, the State of California has found and declared that the amount of refuse generated in 23 California, coupled with diminishing Disposal capacity and potential adverse environmental impacts from 24 landfilling and the need to conserve natural resources, have created an urgent need for State and local 25 agencies to enact and implement an aggressive integrated waste management program . The State has, 26 through enactment of AB 939 and subsequent related legislation including, but not limited to : the Jobs 27 and Recycling Act of 2011 (AB 341), the Event and Venue Recycling Act of 2004 (AB 2176), SB 1016 28 (Chapter 343, Statutes of 2008 [Wiggins, SB 1016]), the Mandatory Commercial Organics Recycling Act of 29 2014 (AB 1826), and the Short-Lived Climate Pollutants Bill of 2016 (SB 1383) , directed the responsible 30 State agency, and all local agencies, to promote Diversion and to maximize the use of feasible waste 31 reduction, re-use, Recycling, and Composting options in order to reduce the amount of refuse that must 32 be Disposed; and, 33
WHEREAS, SB 1383 establishes regulatory requirements for jurisdictions, Generators, haulers, Solid Waste 34 facilities, and other entities to support achievement of State -wide Organic Waste Disposal reduction 35 targets; and, 36
WHEREAS, SB 1383 requires the City to implement Collection programs, meet Processing Facility 37 315
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requirements, conduct contamination monitoring, provide education, maintain records, submit reports, 38 monitor compliance, conduct enforcement, and fulfill other requirements; and, the City has chosen to 39 delegate some of its responsibilities to the Contractor, acting as the City’s designee, through this 40 Agreement; and, 41
WHEREAS, pursuant to California Public Resources Code Section 40059(a)(2), the City has determined that 42 the public health, safety, and well-being require that an agreement be awarded to a qualified Contractor 43 to provide for the Collection , Processing, and marketing of Recyclable Materials and Organic Materials, 44 and other services related to meeting the City’s economic and environmental goals; and, 45 WHEREAS, the City further declares its intent to maintain reasonable Rates and high quality services for 46 the Collection, Recycling, Processing, and/or Composting of Recyclable Materials and Organic Materials; 47 and, 48
WHEREAS, the City desires, having determined that Contractor, by demonstrated experience, reputation, 49 and capacity is qualified to provide for both the Collection of Recyclable Materials and Organic Materials 50 within the corporate limits of the City, and the Transportation of such material to appropriate places of 51 Processing, Recycling, and/or Composting, that Contractor be engaged to perform such services on the 52 basis set forth in this Agreement; and, 53
WHEREAS, the City’s current Recyclable Materials and Organic Materials Collection agreements expire on 54 July 31, 2025. 55
NOW, THEREFORE, in consideration of the mutual promises, covenants, and conditions contained in this 56 Agreement and for other good and valuable consideration, the Parties agree as follows: 57 ARTICLE 1. 58
GRANT AND ACCEPTANCE OF SERVICE 59

1.1 GRANT AND ACCEPTANCE OF SERVICE 60
By the signing of this Agreement, City grants to Contractor and Contractor accepts the exclusive right and 61 privilege to Collect, Process, and market Recyclable Materials and Organic Materials generated within the 62 corporate limits of the City. The services granted to Contractor shall be for the scope of services described 63 in this Agreement , subject to the limitations described in Section 1.2 and except where otherwise 64 precluded by Federal, State, and local laws and regulations. 65

1.2 LIMITATIONS TO THE SERVICE 66
The award of this Agreement shall not preclude the categories of Recyclable Materials and Organic 67 Materials, or other materials listed below , from being delivered to and Collected and Transported by 68 others, provided that nothing in this Agreement is intended to or shall be construed to excuse any Person 69 from obtaining any authorization from City, which is otherwise required by law: 70 A. Recyclable and Organic Materials. Other Persons shall maintain the right to: (1) accept Source 71 Separated Recyclable Materials and Source Separated Organic Materials donated from the service 72 recipient, or (2) to pay the service recipient for Source Separated Recyclable Materials and Source 73 Separated Organic Materials provided that there is no net payment made by the service recipient 74 316
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to such other Person. 75
B. Self-Hauled Materials. A Commercial business Owner or Resident may Dispose of Recyclable 76 Materials, and Organic Materials, generated in or on their own Premises and Transported 77 personally by the Owner or Resident of such Premises (or by their employee) to a n Approved 78 Facility. 79
C. Construction and Demolition Debris (C&D). Other Persons shall have the right to Collect C&D, 80 provided that such Persons maintain a City -issued permit granting such right , and the C&D was 81 generated from a construction, demolition, alteration, or remodel project pursuant to a permit 82 issued by the City. 83
D. Donated or Sold Materials. Any items which are Source Separated at any Premises by the 84 Generator and (a) sold or (b) that are donated to youth, civic, or charitable organizations . 85 Materials will not be deemed donated if they are Collected by a waste hauler not subject to this 86 Agreement that is not a 501(c)(3) organization. 87
E. Edible Food. Edible Food which is Collected from a Generator by other Person(s), such as a Person 88 from a Food Recovery Organization or Food Recovery Service, for the purposes of Food Recovery; 89 or which is S elf-Hauled by the Generator to another Person(s), such as a Person from a Food 90 Recovery Organization, for the purposes of Food Recovery, regardless of whether the Generator 91 donates, sells, or pays a fee to the other Person(s) to Collect or receive the Edible Food. 92 F. Food Scraps. Food Scraps that are separated by the Generator and used by the Generator or 93 distributed to other Person(s) for lawful use as animal feed, in accordance with 14 CCR Section 94 18983.1(b)(7). Food Scraps intended for animal feed may be Self-Hauled by Generator or hauled 95 by another party. 96
G. Materials That Contractor Does Not Divert. Discarded Materials which Contractor is not required 97 to Process and Divert under this Agreement as of the Effective Date of this Agreement which 98 subsequently, in City’s reasonable judgment, become economically feasible to Divert. In such 99 event, Contractor shall have the exclusive right to Collect and Process such materials if Contractor 100 agrees to do so without any change in Rates. If Contractor is unwilling to Process and Divert such 101 new materials at existing Rates, City may provide for Collection, Processing, and Diversion of such 102 materials in any manner it deems appropriate. Such materials may include, but may not be limited 103 to, Organic Materials which Contractor would otherwise Dispose. Contractor may not enforce its 104 exclusive rights in a manner that would prevent the Diversion of material that Contractor is unable 105 or unwilling to Divert. 106
H. Beverage Containers. Containers delivered for Recycling under the California Beverage Container 107 Recycling and Litter Reduction Act, Section 14500, et seq. California Public Resources Code. 108 I. Materials Removed by Customer’s Contractor as Incidental Part of Services. Recyclable Materials 109 and Organic Materials removed from a Premises by a contractor (e.g., gardener, landscaper, tree-110 trimming service, construction contractor, Residential clean-out service) as an incidental part of 111 the service being performed , rather than as a separately contracted or subcontracted hauling 112 service; or if such contractor is providing a service which is not included in the scope of this 113 Agreement. 114
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J. On-site or Community Composting. Organic Materials Composted or otherwise legally managed 115 at the site where it is generated (e.g., backyard Composting, or on-site anaerobic digestion) or at 116 a Community Composting site. 117
K. Animal, Grease Waste, and Used Cooking Oil. Animal waste and remains from slaughterhouse or 118 butcher shops, fats, oils, greases, or used cooking oil. 119 L. Sewage Treatment By-Product. By-products of sewage treatment, including sludge, sludge ash, 120 grit, and screenings. 121
M. Excluded Waste. Excluded Waste regardless of its source. 122 N. Materials Generated by State and County Facilities. Materials generated by State and County 123 facilities located in the City, including but not limited to the Clovis Unified School District, provided 124 that the Generator has arranged services with other Persons or has arranged services with the 125 Contractor through a separate agreement. 126
Contractor acknowledges and agrees that City may permit other Persons besides Contractor to Collect 127 any and all types of materials excluded from the scope of this Agreement, as set forth above, without 128 seeking or obtaining approval of Contractor . If Contractor can produce evidence that other Persons are 129 servicing Collection Containers or are Collecting and Transporting Recyclable Materials and/or Organic 130 Materials in a manner that is not consistent with this Agreement or the City’s Code, it shall report the 131 location, the name and phone number of the Person or company to City’s Contract Manager along with 132 Contractor’s evidence. In such case, City may notify the Generator and Person providing service of 133 Contractor’s rights under this Agreement. 134
This Agreement and scope of services shall be interpreted to be consistent with Applicable Law, now and 135 during the Term of the Agreement . If future judicial interpretations of current law or new laws, 136 regulations, or judicial interpretations limit the ability of City to lawfully contract for the scope of services 137 in the manner and consistent with all provisions as specifically set forth herein, Contractor agrees that the 138 scope of the Agreement will be limited to those services and materials which may be lawfully included 139 herein and that the City shall not be responsible for any lost profits or losses claimed by Contractor to 140 arise out of limitations to the scope or provisions of the Agreement set forth herein. In such an event, it 141 shall be the responsibility of Contractor to minimize the financial impact of such future judicial 142 interpretations or new laws and the Contractor may meet and confer with City and may petition for an 143 extraordinary Rate adjustment pursuant to Section 8.3. 144

1.3 OBLIGATIONS OF PARTIES 145
In addition to the specific performance required under the Agreement, City and Contractor shall: 146 A. Use their reasonable commercial efforts to enforce the exclusive nature of the service by the 147 Contractor’s identification and documentation of violations of th is Agreement and City’s 148 notification of Generators and Collection companies reasonably believed to be violating the terms 149 of this Agreement. 150
B. Provide timely notice to one another of a perceived failure to perform any obligations under this 151 Agreement and access to information demonstrating the Party’s failure to perform. 152 318
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C. Provide timely access to City’s Contract Manager and Contractor’s Government Liaison and 153 complete and timely responses to requests of the other Party. 154 D. Provide timely notice of matters which may affect either Party’s ability to perform under the 155 Agreement. 156
ARTICLE 2. 157
TERM OF AGREEMENT 158

2.1 TERM AND OPTION TO EXTEND 159
The Term of this Agreement shall commence on August 1, 2025 (“Commencement Date”) and continue 160 in full force for a period of ten (10) years, through and including July 31, 2035, unless the Agreement is 161 extended in accordance with this Section or terminated pursuant to Section 10.2. Contractor and City may 162 mutually agree to extend the term of this Agreement for up to an additional five (5) years upon mutually 163 agreeable written terms. 164
City reserves the right, in its sole and unfettered discretion, to extend the Term of this Agreement, under 165 its then-existing terms and conditions on a month -to-month basis, for a maximum extension of up to 166 twelve (12) months. City shall give notice of its intention to extend the Term, or any extended Term, of 167 this Agreement in writing no later than three (3) calendar months prior to expiration of the Term or any 168 extended Term of the Agreement. Such notice by City shall specify the duration of the extension. 169 Between the Effective Date and Commencement Date, Contractor shall perform all activities necessary to 170 prepare itself to start providing services required by this Agreement on the Commencement Date. 171

2.2 CONDITIONS TO EFFECTIVENESS OF AGREEMENT 172
The obligation of City to permit this Agreement to become effective and to perform its undertakings 173 provided for in this Agreement is subject to the satisfaction of all the conditions below, each of which may 174 be waived, in written form only, in whole or in part by City. 175 A. Accuracy of Representations. Contractor’s representations and warranties made in Contractor’s 176 Proposal and Article 11 of this Agreement are true and correct on and as of the Effective Date. 177 B. Furnishings of Insurance and Performance Bond. Contractor has furnished evidence of the 178 insurance and performance bond required by Article 9 that is satisfactory to City. 179 C. Absence of Litigation. To the best of Contractor's knowledge, after reasonable investigation, 180 there is no action, suit, proceeding or investigation, at law or in equity, before or by any court or 181 governmental authority, commission, board, agency or instrumentality decided, pending or 182 threatened against Contractor wherein an unfavorable decision, ruling or finding, in any single 183 case or in the aggregate, would: 184

1. Materially adversely affect the performance by Contractor of its obligations hereunder. 185

2. Adversely affect the validity or enforceability of this Agreement. 186 319
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3. Have a material adverse effect on the financial condition of Contractor, or any surety or 187 entity guaranteeing Contractor's performance under this Agreement. 188 D. Permits Furnished. Contractor validly holds copies of all permits necessary for operation of all 189 Approved Facilities owned or operated by Contractor or any Subcontractor for use under the 190 terms of this Agreement. 191
ARTICLE 3. 192
SCOPE OF AGREEMENT 193

3.1 SUMMARY SCOPE OF SERVICES 194
Contractor or its Subcontractor(s) shall be responsible for the following: 195 A. Providing a two-Container Collection program for the separate Collection of Recyclable Materials 196 and Organic Materials generated by and placed for Collection by Customers , City facilities, and 197 special events pursuant to the requirements of Article 4 and Exhibit B. 198 B. Transporting Collected materials to the appropriate Approved Facilities pursuant to requirements 199 of Article 4 and Exhibit B. 200
C. Processing and marketing Collected Recyclable Materials and Organic Mater ials at the 201 appropriate Approved Facilities pursuant to the requirements of Article 4 and Exhibit B. 202 D. Performing all other services required by this Agreement including, but not limited to, Customer 203 billing, public education, Customer service, contamination monitoring , record keeping, and 204 reporting pursuant to Articles 4 and 6 and Exhibits C (Public Education & Outreach) and D 205 (Reporting). 206
E. Furnishing all labor, supervision, vehicles, Containers, other equipment, materials, supplies, and 207 all other items and services necessary to perform its obligations under this Agreement. 208 F. Paying all expenses related to provision of services required by this Agreement including, but not 209 limited to, taxes, regulatory fees (including City Fees and Reimbursements), and utilities. 210 G. Performing or providing all services necessary to fulfill its obligations in full accordance with this 211 Agreement at all times using best industry practice for comparable operations. 212 H. Complying with all Applicable Law. 213
The enumeration and specification of particular aspects of service, labor, or equipment requirements shall 214 not relieve Contractor of the duty to perform all other tasks and activities necessary to fulfill its obligations 215 under this Agreement, regardless of whether such requirements are enumerated elsewhere in the 216 Agreement, unless excused in accordance with Section 10.7. 217

3.2 USE OF APPROVED FACILITIES 218
Contractor, without constraint and as a free-market business decision in accepting this Agreement, agrees 219 to use the Approved Facilities for the purposes of Processing and/or Disposing of all Recyclable Materials 220 320
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and Organic Materials Collected in the City. Use of a facility must be approved, in writing, by City prior to 221 use consistent with the requirements of Article 4. Such decision by Contractor in no way constitutes a 222 restraint of trade notwithstanding any Change in Law regarding Flow Control limitations or any definition 223 thereof. 224

3.3 SUBCONTRACTING 225
Contractor shall not engage any Subcontractor (s) for Collection, Transportation, or Processing of 226 Recyclable Materials or Organic Materials services without the prior written consent of City’s Contract 227 Manager. As of the Effective Date of this Agreement, City has approved Contractor’s use of those 228 Subcontractor(s) identified in Contractor’s Proposal, included herein as Exhibit G5. If the Contractor plans 229 to engage other affiliated or related party entities in the provision of services, Contractor shall provide 230 City Contract Manager with thirty (30) days written notification of its plans and provide an explanation of 231 any potential impacts related to the quality, timeliness, or cost of providing services under this 232 Agreement. All insurance documents must be reviewed and approved by City prior to City acceptance. 233 Contractor shall require that all Subcontractors file insurance certificates with City , name City as an 234 additional insured, and comply with all material terms of this Agreement. 235

3.4 RESPONSIBILITY FOR MATERIALS 236
Once Recyclable Materials and/or Organic Materials are placed in the Contractor’s Containers and at the 237 Collection location, the responsibility for their proper handling shall transfer directly from the Generator 238 to Contractor, with the exception of Excluded Waste if Contractor can identify the Generator pursuant to 239 Section 5.8.B. Contractor shall have the right to retain any benefit and revenues resulting from its right to 240 retain, Recycle, Process or reuse the Recyclable Materials and Organic Materials which it Collects. Once 241 Recyclable Materials and/or Organic Materials are deposited by Contractor at the appropriate Approved 242 Facility, such materials shall become the responsibility of the Owner or operator of the Approved Facility 243 except for Excluded Waste pursuant to Section 5.8. 244 Responsibility for Excluded Waste that has been inadvertently Collected by Contractor shall remain with 245 Contractor if it cannot identify the Generator, and Contractor shall assume all responsibility for its proper 246 Disposal. 247

3.5 CITY-DIRECTED CHANGES TO SCOPE 248
City may require a proposal from Contractor to establish the scope of any modification to existing services 249 (which may include use of Approved Facilities) to be provided under this Agreement . In such case, 250 Contractor shall present, within thirty (30) calendar days of City’s request, unless an alternate schedule is 251 mutually agreed-upon, a written proposal to provide such modified or additional services. City shall review 252 the Contractor’s Proposal for the change in scope of services . City and Contractor may meet and confer 253 to negotiate Contractor’s proposed revisions and costs and shall amend this Agreement, as appropriate, 254 to reflect the mutually agreed-upon changes in scope. If City and Contractor are unable to agree on terms 255 and conditions, including compensation adjustments, of such services within ninety (90) calendar days 256 from City receipt of Contractor’s Proposal for such services, City may permit other Persons to provide such 257 services. Nothing herein shall prevent City from soliciting cost and operating inform ation from other 258 Persons in order to inform City’s evaluation of Contractor’s Proposal. 259 At any time during the Term of this Agreement, City may solicit proposals from other Persons for services 260 not contemplated under this Agreement. In the event that contracting with other Persons for such 261 321
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services will reduce C ontractor’s Compensation under this Agreement , as described in Article 8, 262 Contractor shall be offered the opportunity to match any other Person’s proposed pricing and retain the 263 added scope of services. However, nothing in this A greement shall prevent City from contracting with 264 other Persons in the event that Contractor is unable or unwilling to provide such services at or below the 265 cost proposed by the other Person. 266
ARTICLE 4. 267
SCOPE OF SERVICES 268
Contractor shall perform the Recyclable Materials and Organic Materials services described in this Article 269 4, for any Customer in the City that subscribes to Contractor’s Collection services. Contractor’s Collection 270 services shall be provided to any Customer that places Containers in a public right-of-way or that provides 271 a waiver for Contractor to access the Private Road(s) where Customer places its Containers. 272 This Article 4 describes the general requirements for the services to be prov ided. More specific 273 requirements for how each service shall be provided to each Customer Type are described in Exhibit B . 274 Failure to specifically require an act necessary to perform the service does not relieve Contractor of its 275 obligation to perform such act. 276

4.1 RECYCLABLE MATERIALS 277
A. Collection. Contractor shall provide Recyclable Materials Collection services as described in 278 Exhibit B. 279
B. Transfer. Contractor plans to Transport Recyclable Materials to the Approved Transfer Facility 280 where the materials will be unloaded from Collection vehicles and loaded into large -capacity 281 vehicles and Transported to the Approved Recyclabl e Materials Processing Facility. Contractor 282 shall keep all existing permits and approvals necessary for use of the Approved Transfer Facility 283 in Full Regulatory Compliance. Upon request, Contractor shall provide copies of facility permits 284 and/or notices of violations (obtained from its Transfer Facility Subcontractor if necessary) to City 285 Contract Manager. If Contractor is unable to use the Approved Transfer Facility, then Contractor 286 shall be responsible for making other Transportation arrangements. In such event, Contractor 287 shall not be compensated for any additional costs. If Contractor plans to change its Transfer 288 method, Contractor shall obtain written approval from the City prior to making the change. 289 C. Processing. Contractor shall Transport and deliver all Source Separated Recyclable Materials 290 placed in Recyclable Material s Containers in the City to the Approved Recyclable Materials 291 Processing Facility. All tipping fees and other costs associated with Transporting to and Processing 292 of such Recyclable Materials at the Approved Recyclable Materials Processing Facility and 293 Disposing of the Residue as required in Section 4.1.E below shall be paid by Contractor. 294 Contractor guarantees sufficient capacity at the Approved Recyclable Materials Processing Facility 295 to Process all Source Separated Recyclable Materials Collected by Contractor under this 296 Agreement throughout the Term of the Agreement. 297
Contractor shall keep all existing permits and approvals necessary for use of the Approved 298 Recyclable Materials Processing Facility in full regulatory compliance. Upon request, Contractor 299 shall provide copies of facility permits and/or notices of violations (obtained from its Processing 300 322
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Facility Subcontractor if necessary) to City Contract Manager. 301 If Contractor is unable to use the Approved Recyclable Materials Processing Facility due to an 302 event that meets the requirements for excusing Contractor from performance of this specific 303 obligation as described in Section 10.7 , Contractor shall use an alternative Processing Facility 304 provided that the Contractor provides written notice to City Contract Manager. Within forty-eight 305 (48) hours of such emergency or sudden and unforeseen closure, the Contractor shall provide a 306 written description of the reasons the use of the Approved Recyclable Materials Processing 307 Facility is not feasible, and the period of time Contractor proposes to use the alternative 308 Processing Facility. Such a change in Processing Facility shall be temporarily permitted until such 309 time as the City Contract Manager is able to consider and respond to the use of the proposed 310 alternative Processing Facility. If the use of the proposed alternative Processing Facility is 311 anticipated to or actually does exceed thirty (30) days in a consecutive twelve (12) month period, 312 the use of such Processing Facility shall be subject to approval by the City Contract Manager. The 313 City Contract Manager may, in their sole discretion, approve, conditionally approve, temporarily 314 approve, or disapprove of the use of the proposed alternative Processing Facility. If the City 315 disapproves the use of the proposed alternative Processing Facility, the Parties shall meet and 316 confer to determine an acceptable Processing Facility. 317 If the use of an alternative Processing Facility is for reasons within Contractor’s, or its Processing 318 Facility Subcontractor’s control, Contractor’s Compensation shall not be adjusted for any change 319 in Transportation and Processing costs associated with use of the alternative Processing Facility. 320 However, if the use of an alternative Processing Facility is due to reasons beyond Contractor’s or 321 its Subcontractor’s control, then Contractor m ay make a written request with detailed 322 substantiation for City to consider adjusting, either up or down, Contractor’s Compensation for 323 changes in Transportation and Processing costs associated with the use of the alternative 324 Processing Facility. City is not obligated to adjust Compensation, however City will review the 325 request in light of a verified hardship and consider appropriate temporary adjustments to the 326 Contractor’s Compensation. The performance of Recyclable Materials commodity markets shall 327 not be considered an acceptable basis for use of an alternative Processing Facility nor shall it serve 328 as the basis for any adjustment in Contractor’s Compensation under this Agreement, other than 329 as specifically contemplated in Article 8 and Exhibit E to this Agreement. If the change in the 330 Processing Facility results in increased costs, City may identify and direct Contractor to an 331 alternative Processing Facility, without additional compensation to Contractor, which results in 332 less cost than the Contractor-identified alternative. 333 Except for the emergency conditions described in this section, Contractor shall not change its 334 selection of the Approved Recyclable Materials Processing Facility without City’s written approval, 335 which may be withheld in City’s sole discretion. If Contractor elects to use a Recyclable Materials 336 Processing Facility that is different than the initial Approved Recyclable Materials Processing 337 Facility, it shall request written approval from the City Contract Manager sixty (60) calendar days 338 prior to use of the site and obtain City’s written approval no later than ten (10) calendar days prior 339 to use of the site. 340
Contractor shall observe and comply with all regulations in effect at the Approved Recyclable 341 Materials Processing Facility and cooperate with and take direction from the operator thereof 342 with respect to delivery of Recyclable Materials. Contractor shall actively work with the Approved 343 Recyclable Materials Processing Facility operator throughout the Term of this Agreement to 344 323
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ensure that contamination of the Recyclable Materials Collected under this Agreement and 345 delivered to the Processing Facility remains below the limits of incompatible materials or Residue 346 in the Organic Materials established by Applicable Law including, without limitation, SB 1383. 347 D. Marketing. Contractor shall be responsible for marketing Recyclable Materials Collected in City 348 that are delivered for Processing at Contractor’s Approved Recyclable Materials Processing 349 Facility. Contractor’s marketing strategy shall promote the highest and best use of materials 350 presented in the waste management hierarchy established by AB 939 . Where practical, the 351 marketing strategy should include use of local, regional, and domestic markets for Recyclable 352 Materials. 353
E. Residue Disposal. Residue from the Processing of Source Separated Recyclable Materials 354 Collected under this Agreement at Contractor’s Approved Recyclable Materials Processing 355 Facility, which cannot be marketed, shall be Disposed of by Contractor, or the Processing Facility 356 Subcontractor. Residue delivered for Disposal shall not include any Excluded Waste. 357

4.2 ORGANIC MATERIALS 358
A. Collection. Contractor shall provide Organic Materials Collection services as described in Exhibit 359 B attached hereto. 360
B. Transfer. Contractor plans to Transport Organic Materials to the Designated Transfer Facility 361 where the materials will be unloaded from Collection vehicles and loaded into large -capacity 362 vehicles and Transported to the Approved Organic Materials Processing Facility. Contractor shall 363 keep all existing permits and approvals necessary for use of the Designated Transfer Facility in full 364 regulatory compliance. 365
C. Processing. Contractor shall Transport and deliver all Source Separated Organic Materials placed 366 in Organic Materials Containers in the City to the Approved Organic Materials Processing Facility. 367 All tipping fees and other costs associated with Transporting such Organic Materials to the 368 Approved Organic Materials Processing Facility and Disposing of the Residue as required in 369 Section 4.2.E below shall be paid by Contractor. 370
Contractor guarantees sufficient capacity at the Approved Organic Materials Processing Facility 371 to Process all Source Separated Organic Materials Collected by Contractor under this Agreement 372 throughout the Term of the Agreement. 373
Contractor shall keep all existing permits and approvals necessary for use of the Approved Organic 374 Materials Processing Facility in full regulatory compliance. Upon request, Contractor shall provide 375 copies of facility permits and/or notices of violations (obtained from its Processing Facility 376 Subcontractor if necessary) to City Contract Manager. 377 If Contractor is unable to use the Approved Organic Materials Processing Facility due to an event 378 that meets the requirements for excusing Contractor from performance of this specific obligation 379 as described in Section 10.7, Contractor shall use an alternative Processing Facility provided that 380 the Contractor provides written notice to City Contract Manager. Within forty-eight (48) hours of 381 such emergency or sudden and unforeseen closure, Contractor shall provide a written description 382 of the reasons the use of the Approved Organic Materials Processing Facility is not feasible, and 383 the period of time Contractor proposes to use the alternative Processing Facility. Such a change 384 324
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in Processing Facility shall be temporarily permitted until such time as City Contract Manager is 385 able to consider and respond to the use of the proposed alternative Processing Facility. If the use 386 of the proposed alternative Processing Facility is anticipated to or actually does exceed thirty (30) 387 days in a consecutive twelve (12) month period, the use of such Processing Facility shall be subject 388 to approval by City Contract Manager. The City Contract Manager may, in their sole discretion, 389 may approve, conditionally approve, temporarily approve, or disapprove of the use of the 390 proposed alternative Processing Facility. If City disapproves the use of the proposed alternative 391 Processing Facility, the Parties shall meet and confer to determine an acceptable Processing 392 Facility. 393
If the use of an alternative Processing Facility is for reasons within Contractor’s, or its Processing 394 Facility Subcontractor’s control, Contractor’s Compensation shall not be adjusted for any change 395 in Transportation and Processing costs associated with use of the alternative Processing Facility. 396 However, if the use of an alternative Processing Facility is due to reasons beyond Contractor’s or 397 its Subcontractor’s control, Contractor may make a written request with detailed substantiation 398 for City to consider adjusting, either up or down, Contractor’s Compensation for changes in 399 Transportation and Processing costs associated with the use of the alternative Processing Facility. 400 City is not obligated to adjust Compensation, however City will review the request in light of a 401 verified hardship and consider appropriate temporary adjustments to Contractor’s 402 Compensation. If the change in the Processing Facility results in increased costs, City may identify 403 and direct Contractor to an alternative Processing Facility, without additional compensation to 404 Contractor, which results in less cost than the Contractor-identified alternative. 405 Except for the emergency conditions described in this section, Contractor shall not change its 406 selection of the Approved Organic Materials Processing Facility without City’s written approval, 407 which may be withheld in City’s sole discretion. If Contractor elects to use a n Organic Materials 408 Processing Facility that is different than the initial Approved Organic Materials Processing Facility, 409 it shall request written approval from City Contract Manager sixty (60) calendar days prior to use 410 of the site and obtain City’s written approval no later than ten (10) calendar days prior to use of 411 the site. 412
Contractor shall observe and comply with all regulations in effect at the Approved Organic 413 Materials Processing Facility and cooperate with and take direction from the operator thereof 414 with respect to delivery of Organic Materials. Contractor shall actively work with the Approved 415 Organic Materials Processing Facility operator throughout the Term of this Agreement to ensure 416 that contamination of the Organic Materials Collected under this Agreement and delivered to the 417 Processing Facility remains below the limits of incompatible materials or Residue in the Organic 418 Materials established by Applicable Law including, without limitation, SB 1383. 419 D. Marketing. Contractor shall be responsible for marketing Organic Materials Collected in the City 420 that are delivered for Processing at the Approved Organic Materials Processing Facility. 421 Contractor’s marketing strategy shall promote the highest and best use of materials presented in 422 the waste management hierarchy established by AB 939. Where practical, the marketing strategy 423 should include use of local markets for Organic Materials. 424 E. Residue Disposal. Residue from the Processing of Organic Materials Collected under this 425 Agreement at the Approved Organic Materials Processing Facility, which cannot be marketed, 426 325
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shall be Disposed of by Contractor, or the Processing Facility Subcontractor. Residue delivered for 427 Disposal shall not include any Excluded Waste. 428

4.3 RESERVED 429

4.4 OTHER COLLECTION SERVICES 430
A. Used Motor Oil and Filters. Contractor shall Collect Residential Customers Used Motor Oil and 431 Filters placed Curbside for Collection. Contractor shall not be required to Collect more than two 432 and a half (2.5) gallons of Used Motor Oil and Filters per individual Dwelling Unit per week. 433 B. Holiday Tree. Contractor shall Collect all holiday trees properly placed Curbside by Single-Family 434 and Multi-Family Customers fourteen (14) Calendar Days following Christmas Day, or such other 435 days as agreed by City and Contractor, free of any additional charge to any Customer. Holiday 436 trees shall be Transported to, and Processed at, the Approved Organic Materials Processing 437 Facility. All holiday trees shall be Diverted and none shall be Disposed. 438 C. Sharps Waste Program. Contractor shall provide Single -Family and Multi -Family Dwelling Unit 439 Customers with a Sharps Waste home delivery program, upon request. Contractor shall deliver 440 an approved container to the requesting Customer's home within one (1) week of request. 441 Delivery of the container shall also include Recycling awareness materials and instructions for 442 participation in the Sharps Waste Collection program. To ensure maximum Customer 443 convenience, the Collection of Sharps Waste containers will be administered through a one and 444 four tenths (1.4) quart, postage paid, container approved by the United States Postal Service (or 445 other parcel service) for shipment of such material. Customers using the mail -based service will 446 receive one (1) Sharps Waste container/mailing kit per calendar year at no charge. Additional 447 Sharps Waste containers/mailing kits will be available for a fee by Contractor. 448 D. Battery and Cellphone Collection. Contractor shall Collect discarded batteries and cell phones 449 placed for Collection in Customer -provided, clear, zip -lock or tie -close plastic bags on top of 450 Recyclable Materials Carts. Upon Customer request, Contractor shall make appropriate 451 arrangements for the placement of battery, cell phone, and CFL Recycling receptacles (“Battery 452 Buckets”) that can Collect these electronic materials from Multi -Family complexes. Contractor 453 shall communicate with property managers and Owners to determine the most convenient and 454 environmentally responsible placement of Battery Buckets within the Multi-Family complex, and 455 will provide educational information and additional Battery Buckets within five (5) Working Days 456 of a property manager or Owner’s request. 457
E. Provision of Compost and Mulch. Contractor shall provide Compost and Mulch in accordance 458 with the requirements outlined Exhibit B4. 459
F. Multi-Family Kitchen Pails. Contractor shall provide, to all Multi -Family Dwelling Units, kitchen 460 pails designed to contain Food Scraps prior to placement in the Customer’s Organic Materials 461 Container. Kitchen pail specifications shall be approved by City prior to ordering and distribution. 462 During Implementation of the Agreement, each Multi -Family Dwelling Unit shall receive one 463 kitchen pail at no additional cost. Contractor may charge Customers for additional or replacement 464 kitchen pails. 465
G. Container Cleaning/Exchange Program. Contractor shall implement a program to provide 466 326
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Customers with clean Containers once per year, at no additional cost to Customers. This program 467 may be implemented through Container cleaning services or a Container exchange program. 468 Contractor may charge Customers for additional cleanings or exchanges (in excess of once per 469 year). 470

4.5 SPECIAL EVENTS 471
Contractor shall provide Recyclable Materials and Organic Materials services to up to twenty (20) special 472 events per Rate Period, at no cost to the event or City. Please see Exhibit B.5 for a tentative list of special 473 events. Contractor shall provide the special event services upon thirty (30) calendar days advance request 474 by City Contract Manager. Special event services include all of the following unless specifically waived in 475 writing by City Contract Manager. 476
A. Event Collection Stations. Contractor shall provide and set -up event Collection stations for 477 Collection of Recyclable Materials and Organic Materials at special events. Each event Collection 478 station shall include a separate Cart or event box for each of the Recyclable Materials and Organic 479 Materials as appropriate. Contractor shall provide a sufficient number of event Collection stations 480 of sufficient capacity to meet the needs of the event as determined by Contractor in cooperation 481 with the event organizer. Contractor shall provide liners/bags for the Carts or event boxes at the 482 Collection stations and shall line the Carts or event boxes as a part of the station set-up. Collection 483 stations shall include adequate signs and labeling. 484 B. Collection Station Monitors. Upon request, C ontractor shall provide up to two (2) Collection 485 station monitors who shall be present for the duration of each special event. Contractor shall 486 require Collection station monitors to monitor event Collection stations and educate event 487 attendees and vendors about what materials are acceptable in each Collection station Cart or 488 event box. Contractor shall Transport materials contained in event Collection stations to Drop 489 Boxes or Bins, which will subsequently be Collected by Contractor. 490 C. Drop Boxes or Bins. Upon request, Contractor shall provide Containers for the aggregation of 491 material removed from event Collection stations during the course of the event. Contractor shall 492 provide Containers in sufficient number of appropriate type(s) for the needs of the event as 493 determined by Contractor in cooperation with the City Contract Manager or event organizer . 494 Contractor shall service Containers, as agreed -upon with the event organizer, and deliver 495 Collected materials to the appropriate Approved Facility for Processing. 496 D. Public Education Booth. Upon request of either the event organizer or City Contract Manager , 497 Contractor shall staff a booth or exhibit at the event for the purpose of educating the public about 498 the services and programs provided by Contractor under this Agreement and the benefi ts of 499 source reduction, reuse, Recycling, and Composting. 500 E. Reporting. Within fourteen (14) calendar days of the end of the event, Contractor shall submit a 501 report to the City Contract Manager and event organizer. The report should include, at a 502 minimum: the number of event Collection stations deployed at the event, the number of 503 Collection station monitors, the Tonnage of each material type (i.e. , Recyclable Materials and 504 Organic Materials) Collected, and a description of the public education provided at the event. 505 Contractor may, at its sole discretion and expense, coordinate with local youth, community, or charitable 506 organizations to provide some or all of the required services. Regardless of Contractor’s use of such an 507 327
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organization, Contractor shall be responsible for ensuring that service is provided to the Customer in a 508 professional and timely manner. 509
For special events requested by City in excess of the twenty (20) included at no additional charge and for 510 special events not requested by City Contract Manager , Contractor shall provide the above -described 511 special event services at the request of the event organizer and may negotiate the charges for such 512 services with the event organizer based on the specific needs of the event. 513

4.6 PUBLIC EDUCATION AND OUTREACH 514
The public education and outreach activities included in the scope of services provided by Contractor 515 under this Agreement are described in this Section 4.6 and Exhibit C . Contractor shall produce and 516 distribute public education and outreach materials upon City request and contribute any remaining funds 517 in Contractor’s annual public education budget to City to support City’s public education and outreach 518 efforts. 519
A. Program Objectives. Contractor shall be responsible for designing and conducting a public 520 education and outreach program, and the Contractor shall be responsible for the production 521 and distribution of all materials under this program in accordance with this Agreement. City’s 522 public education and outreach strategy shall focus on improving Generator understanding of 523 the benefits of and opportunities for source reduction, reuse, Recycling, Composting, Source 524 Separation of Discarded Materials, and supporting compliance with Applicable Laws and 525 regulations, including, but not limited to AB 341, AB 1826, and SB 1383. Examples of goals of 526 the City-provided public education and outreach program include, but are not limited to: (i) 527 informing Generators about the services that are provided under this Agreement with specific 528 focus on describing the methods and benefits of source reduction, reuse, Recycling, 529 Composting, and Source Separating Discarded Materials ; (ii) instruct ing Generators on the 530 proper method for placing materials in Containers for Collection and setting Containers out 531 for Collection, with specific focus on minimizing contamination of Recyclable Materials and 532 Organic Materials; (iii) clearly defining Excluded Waste and educating Generators about the 533 hazards of such materials and their opportunities for proper handling; (iv) discourag ing 534 Generators from buying products if the product and its packaging are not readily reusable, 535 Recyclable, or Compostable; (v) informing Generators subject to Food Recovery requirements 536 under SB 1383 of their obligation to recover Edible Food and actions they can take to prevent 537 the creation of Food Waste; (vi) encourag ing the use of Compost and recovered Organic 538 Waste products; (vii) encourag ing Generators to purchase products/packaging made with 539 Recycled content materials; and, (viii) instructing Generators on proper Disposal of Hazardous 540 Waste and Sharps Waste. 541
The cumulative intended effect of these efforts is to reduce generation of Discarded Materials 542 and, ultimately, Disposal of Discarded Materials by each Generator in the City, and Contractor 543 agrees to support and not undermine or interfere with such efforts. 544 B. Contractor Public Education Requirements. Within forty-five (45) days after the execution of 545 this Agreement, and annually thereafter, Contractor shall develop and submit an annual 546 public education plan to City Contract Manager for approval. Contractor acknowledges that 547 they are part of a multi -Party effort to operate and educate the public about the regional 548 integrated waste management system. Contractor shall cooperate and coordinate with City 549 328
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Contract Manager on public education activities to minimize duplicative, inconsistent, or 550 inappropriately timed education campaigns. 551
Contractor agrees to print, produce, and distribute education materials and conduct outreach 552 based on the City’s adopted programs and established design criteria, as detailed in Exhibit C, 553 at no additional cost to ratepayers or City. Contractor shall obtain approval from the City 554 Contract Manager on all Contractor -provided advertising, promotional, or service -related 555 materials used within the City before publication, distribution, and/or release. City Contract 556 Manager, in their sole discretion, shall have the right to deny the use of any materials or 557 content or may request that Contractor include City identification and contact information on 558 materials and Contractor’s approval of such requests shall not be unreasonably withheld. 559 C. Non-English Language Requirements. Contractor shall make all public education and outreach 560 materials required by this Section available in English, Spanish, Punjabi, and Hmong. 561 Upon City’s request, Contractor shall provide materials in additional languages beyond those 562 specified in this Section in response to shifting demographics within the City; updates to State 563 requirements or Applicable Law; or any other reason deemed appropriate by the City. 564

4.7 COMMERCIAL BILLING 565
Contractor’s compensation provided for in this Article shall be the full, entire and complete compensation 566 due to Contractor pursuant to this Agreement for all labor, equipment, materials and supplies, taxes, 567 insurance, bonds, overhead, profit and all other things necessary to perform all the services required by 568 this Agreement in the manner and at the times prescribed. 569 Contractor shall bill all Commercial Customers for Recyclable Materials service, Organic Materials service, 570 and ancillary services monthly. Contractor shall be solely responsible for collecting billings at Rates set in 571 accordance with Article 8. Rates shall not exceed sixty percent (60%) of the Rate charged by City for similar 572 Solid Waste Collection service or the percentage proposed by contractor , if lower . Billing shall be 573 performed on the basis of services rendered and this Agreement shall create no obligation on the part of 574 any Person on the sole basis of the ownership of property. Individual contracts between Contractor and 575 a Customer for services provided under this Agreement shall be prohibited. 576 Contractor shall develop, maintain, and regularly update a Customer Account Information Database, 577 which shall include but is not limited to: 578
i. Customer name. 579
ii. Phone number. 580
iii. Service address. 581
iv. Email address. 582
v. Customer Service Levels, including: 583
a. Customer Service Levels exceptions. 584
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b. Customer service waivers. 585
Contractor shall permit Customers the ability to pay their bills through an electronic check or credit card 586 and include the ability for Customer billings to be automatically charged on a recurring basis . Contractor 587 shall prepare, mail, and collect bills from Customers who decline to use such internet-based billing system. 588 Contractor shall make arrangements to allow such Customers to pay bills by cash, check, electronic check, 589 money order, and credit card. 590
Up to once per billing cycle, City may direct Contractor to attach inserts to Customer invoices. Contractor 591 shall provide electronic bill inserts to Customers who are billed electronically, and paper bill inserts to 592 Customers who receive paper bills. Electronic bill inserts/attachments must be readily available for the 593 Customer to view upon receipt of the invoice . Upon City request for such attachments, Contractor shall 594 comply with such request during its next billing cycle for the targeted Customer group. Contractor shall 595 perform this service with no additional requirement for compensation. 596 Contractor shall maintain copies of all billings and receipts, each in chronological order, for the Term of 597 this Agreement, for inspection and verification by City Contract Manager at any reasonable time but in no 598 case more than thirty (30) calendar days after receiving a request to do so. 599 Contractor shall be responsible for collection of payment from Customers with past due accounts (“bad 600 debt”) in accordance with this Section 4. 7. Contractor shall make reasonable efforts to obtain payment 601 from delinquent accounts through issuance of late payment notices, telephone requests for payments, 602 and assistance from collection agencies. 603
Monthly Customer invoices shall be due thirty (30) calendar days from the first day of the billing period. 604 In the event that any account becomes more than thirty (30) calendar days past due, Contractor shall 605 notify such Customer of the delinquency via written correspondence, instructing the Customer that 606 unpaid bills which become more than forty-five (45) calendar days delinquent may be assessed a one and 607 one half percent (1.5%) late fee per month. Contractor shall provide a second written notice of 608 delinquency to any account which becomes more than sixty (60) calendar days past due, and a third 609 written notice of delinquency to any account which becomes more than ninety (90) calendar days past 610 due. Should any account become more than one hundred and twenty (120) calendar days past due, 611 Contractor may discontinue providing service to the Customer. No less than seven (7) calendar days prior 612 to discontinuing service to a Customer, Contractor shall notify City Contract Manager of the address, 613 Service Level, service frequency, and delinquent billing amount. Contractor may withhold service from a 614 delinquent account until past delinquencies are paid in full. Upon restoring service to a previously 615 delinquent account, Contractor may require a deposit from the Customer not to exceed one (1) month’s 616 billings at the Customer’s Service Level. 617
If Contractor fails to invoice a Customer, or otherwise under-charges a Customer for services provided for 618 more than six (6) months, Contractor may not subsequently attempt to collect the under-charged amount 619 for more than six months of service. If Contractor over-charges a Customer for a period of more than six 620 (6) months, Contractor shall reimburse or credit the Customer for at least six months of the over-charged 621 service, but is not required by this Agreement to reimburse or credit the Customer for more than six (6) 622 months of overcharges. This Agreement also does not prohibit Contractor from reimbursing or crediting 623 a Customer for more than six (6) months of over-charges. 624 If a Customer reduces or cancels service during a billing cycle, the Customer shall be entitled to a proration 625 of the billing from the date that the service change was requested, in the case of cancellations or 626 330
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reductions in the Customer’s bill, or the date the service change was fulfilled, in the case of increases in 627 the Customer’s bill. 628

4.8 CUSTOMER SERVICE PROGRAM 629

4.8.1 Program Requirements 630
A. Office and Availability of Representatives. Contractor shall maintain throughout the Term of this 631 Agreement an office within the City. A representative of Contractor who is knowledgeable of the 632 service area, services, and Rates shall be available from 8 a.m. to 5 p.m. Monday through Friday 633 for in-person communications with the public at the local office. Contractor shall maintain a local 634 or toll-free telephone number which it shall publicize and maintain during office hours. Contractor 635 shall also maintain an after -hours telephone number allowing twenty-four ( 24) hour per day 636 access to Contractor management by City Contract Manager in the event of an emergency 637 involving Contractor’s equipment or services including, but not necessarily limited to, fires, 638 blocked access, or property damage. 639
B. Telephone. Contractor shall secure, use, pay all costs incurred by, and maintain during the Term 640 of this Agreement, a toll -free phone number which shall serve as the primary point of contact 641 between Contractor and the public during normal business hours. Upon expiration or early 642 termination of this Agreement, City shall retain the control of the toll -free phone number. 643 Contractor shall provide City with a separate emergency telephone number for use by City 644 Contract Manager outside normal business hours. Contractor shall have such contact 645 representative available at the emergency telephone number during all hours other than normal 646 office hours. 647
Contractor shall maintain a telephone system in operation from 8 a.m. to 5 p.m. Monday- Friday 648 and shall have sufficient equipment in place and staff two (2) local representatives to be available 649 to handle calls each day and maintain such telephone equipment capable of recording the 650 responsiveness to calls. Contractor may choose to utilize non -local representatives to offset 651 Customer wait times during periods of high call volumes Contractor’s telephone system shall offer 652 Customers who have been placed on-hold to opt to leave a voice message or receive a scheduled 653 call-back, rather than remain on -hold. If Contractor’s telephone Customer service performance 654 falls below the performance standards established in Exhibit F, City shall have the right to require 655 Contractor to increase its staffing levels and/or call handling capacity without any additional 656 compensation to the Contractor. Recording of Contractor’s responsiveness to calls shall include, 657 at a minimum, all items included in the “Service Quality and Reliability” and “Customer Service” 658 performance standards listed in Exhibit F. An answering machine or voicemail service shall record 659 Customer calls and voice messages between 5:00 p.m. and 8:00 a.m. Contractor shall provide a 660 live, not automated, call back on the same day to all Customers who leave voice messages by 4:00 661 p.m. on a Working Day and shall provide a live call back by 12:00 p.m. of the following Working 662 Day for any voice messages left after 5:00 p.m. 663
C. Web Site and Email Access. Contractor shall develop and maintain a web site that is accessible by 664 the public and solely dedicated to the operations under this Agreement in the City . Contractor’s 665 web site shall include all Rates allowed to be charged under the Agreement, all public education 666 and outreach materials produced and distributed under this Agreement, and provide the public 667 the ability to e -mail Contractor questions, service requests, or Complaints. Contractor shall 668 respond the same day to all Customers who leave e-mail messages by 4:00 p.m. on a Working Day 669 331
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and shall respond by 12:00 p.m. of the following Working Day for any e-mail messages left after 670 5:00 p.m. Contractor may respond to Customer e-mails either via e-mail or phone. 671

4.8.2 Service Requests, Compliments, Complaints 672
Contractor shall be responsible for the prompt and courteous attention to, and prompt and reasonable 673 resolution of, all Customer service requests and Complaints. Contractor shall respond to all Complaints 674 received in accordance with the requirements of Section 4.8.1.B, and 4.8.1.C. Complaints related to 675 missed Collections shall be addressed in accordance with Section 4.8.3. Complaints related to repair or 676 replacement of Carts or Bins, shall be addressed in accordance with Section 5.6. 677 Within ninety (90) days of the Effective Date, Contractor shall have a Complaint tracking and reporting 678 system], and shall log all Complaints received orally or in writing. Said log shall include, at a minimum: 679 A. The date and time the Complaint was received; 680
B. Name, address and telephone number of complainant; 681 C. Description of Complaint; 682
D. Employee recording Complaint; and, 683
E. The action taken by Company to respond to and remedy Complaint. 684 All Complaints received before 4:00 p.m. shall be responded to that same day. All Complaints received 685 after 4:00 p.m. shall be responded to before 12:00 p.m. of the following Business Day. 686 Contractor shall retain daily logs of Complaints for a minimum of twenty -four (24) months and shall be 687 locally available to City at all times during this Agreement upon twenty-four (24) hour notice. 688 The log of Complaints shall be provided to the City in accordance with Exhibit D . At all times during this 689 Agreement, all Customer service records and logs kept by Contractor shall be available to City upon 690 (twenty-four) 24 hour notice and at no cost to City. City shall, at any time during regular Contractor 691 business hours, have access to Contractor’s Customer service staff for purposes of monitoring the quality 692 of Customer service, researching Customer Complaints, or other matters related to Contractor’s 693 performance under this Agreement. 694
Contractor shall notify Customers of this Complaint procedure at the time Customers apply for or are 695 provided service, and annually thereafter. Contractor may include an insert describing Contractor’s 696 Complaint procedures in the City’s billings. 697

4.8.3 Missed Collections 698
A. Missed Collection Complaints. When handling Customer Complaints related to missed or 699 incomplete Collections, Contractor shall not question or contest the Customer’s claim that the 700 Collection was missed or incomplete, even in cases where the route driver recorded the 701 Container(s) in question as already “Collected” or “not out.” 702 B. Schedule for Resolution. Contractor shall resolve every Customer Complaint of a missed or 703 incomplete Collection by returning to the Customer address and completing the Collection. For all 704 332
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Complaints related to missed Collections that are received by 3:00 p.m. on a Working Day, the 705 Contractor shall return to the Customer address and Collect the missed materials on the same 706 Working Day on which the missed Collection was reported. For those Complaints related to missed 707 Collections that are received after 3:00 p.m. on a Working Day, Contractor shall have until the end 708 of the following Working Day to resolve the Complaint. 709 Contractor shall not be required to return and complete a Collection in response to a Complaint if 710 the Contractor’s driver has left a Non-Collection Notice in accordance with Section 4.11. 711 C. Courtesy Collections for Admitted Late Set-Outs. In the event that a Customer: (i) reports that their 712 Container(s) were placed for Collection after Contractor’s Collection vehicle had already passed the 713 Premises for regularly scheduled Collection; (ii) does not claim that Contractor missed the 714 Collection; and, (iii) requests that the Contractor return and Collect their Containers, Contractor 715 shall return to the Customer Premises and provide a courtesy Collection at no charge to the 716 Customer. Contractor is not required to provide more than three (3) courtesy Collections for 717 admitted late set-outs per Customer per calendar year. For Residential Customers, one (1) courtesy 718 Collection represents Collection of up to two (2) Carts (Recyclable Materials and Organic Materials) 719 per incident. Contractor shall complete the courtesy Collection by the end of the following Working 720 Day. The provisions of this Section shall only apply if the Customer acknowledges, and Contractor 721 documents in writing, that the event did not constitute a missed or incomplete Collection event by 722 Contractor. 723
D. Daily Missed Collection Report. As described in Exhibit D, Contractor shall supply City with a daily 724 report of missed Collections. 725

4.8.4 SB 1383 Non-Compliance Complaints 726
For Complaints received in which the Person alleges that an entity is in violation of SB 1383 requirements, 727 Contractor shall document the information listed in Exhibit D. Contractor shall provide this information in 728 a brief Complaint report to the City for each SB 1383-noncompliance Complaint within seven (7) days of 729 receipt of such Complaint, and a monthly summary report of SB 1383 -non-compliance Complaints in 730 accordance with Exhibit D. 731
Upon City request, Contractor shall conduct follow-up inspections and/or outreach to the violating entity, 732 and shall document the information in the reports provided pursuant to Exhibit D. 733

4.9 EXTENDED PRODUCER RESPONSIBILITY PROGRAMS 734
A. General. The City and the Contractor acknowledge that the requirements under the existing 735 Extended Producer Responsibility Programs (including, but not limited to, AB 1201, SB 1383, SB 736 54, and SB 343) may be applicable to the services provided by the Contractor under this 737 Agreement, and that additional or amended Extended Producer Responsibility Programs may be 738 established in the future. The Contractor acknowledges and agrees that to the extent that such 739 Extended Producer Responsibility Programs impose requirements on the City’s Recyclable and 740 Organics Collection programs that impact the services provided by the Contractor under this 741 Agreement, those Extended Producer Responsibility Programs shall be considered “mandatory” 742 for the Contractor and Contractor shall be required to participate. The Contractor further 743 acknowledges that, because the Approved Recyclable Materials and Organic Materials Processing 744 Facility(ies) accepts materials from the public that may be regulated by an Extended Producer 745 333
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Responsibility Program, the Contractor may be uniquely positioned to operate or participate in 746 such programs in a “voluntary” capacity. 747
B. Change in Scope. The City may require Contractor’s compliance with, and participation in, existing 748 and/or new mandatory Extended Producer Responsibility Programs that may include a 749 modification to Exhibit B, to the extent that doing so is reasonably appropriate and does not 750 violate the permits of the subject Facility(ies). 751 Any and all such City requests and/or requirements related to any mandatory or voluntary 752 Extended Producer Responsibility Program shall be treated as a change in scope in accordance 753 with Sections 3.5 and shall not be treated as a Change in Law 754 C. City’s Rights to Solicit Proposals . The City may, from time -to-time, request that the Contractor 755 initiate or participate in an Extended Producer Responsibility Program; provided, however, that 756 the Contractor acknowledges and agrees that the City is under no obligation to request any such 757 proposal from the Contractor. Furthermore, the Contractor acknowledges and agrees that, at any 758 time during the Term of this Agreement, the City may solicit proposals from other Persons related 759 to Extended Producer Responsibility Programs and may permit other Persons besides Contractor 760 to provide such services and that nothing herein shall prevent the City from also soliciting cost 761 and operating information from other Persons in order to inform the City’s evaluation of any 762 Contractor-provided proposal. 763
D. City Requested Proposal. If the City requests an Extended Producer Responsibility Program 764 proposal from Contractor under this Section, the Contractor shall be required to seek out and 765 coordinate with the applicable Stewardship Organization designated for the applicable program 766 and shall describe such partnership in its proposal or provide information about an alternative 767 program that Contractor wishes to participate in to divert such material(s) that meets the 768 requirements of the voluntary Extended Producer Responsibility Program; these requirements 769 are in addition to the requirements provided in Section 3.5. The City’s written request for a 770 proposal may also require additional and/or specific information relating to the Extended 771 Producer Responsibility Program, including such information determined by the Public Utilities 772 Director to be reasonably necessary. The City shall review the proposal and may request 773 additional supporting documentation, calculations, or other information necessary to evaluate 774 the Contractor’s proposal for reasonableness and to evaluate Contractor’s ability to comply with 775 the requirements of the Extended Producer Responsibility Program. 776 As such, Contractor shall consider in good faith the City’s request to enact the voluntary Extended 777 Producer Responsibility program, unless the Contractor can demonstrate significant barriers that 778 would make providing such services impracticable and/or that Contractor is already diverting the 779 applicable material(s) at the time of the City’s request. The Contractor shall express any objections 780 or concerns during the meet -and-confer period and Contractor shall provide evidence of such 781 barriers and/or current diversion operations in Contractor’s proposal. Such information will be 782 further reviewed by the City. 783
E. Record Keeping and Reporting. Throughout the Term of this Agreement, the Contractor shall 784 maintain records of all funding or other resources the Contractor receives directly or indirectly 785 through an Extended Producer Responsibility Program. The Contractor shall inform and report to 786 the City as part of Contractor’s obligations under Exhibit D and shall calculate and demonstrate 787 334
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the dollar amount that can be attributed to services provided under this Agreement. Any cost 788 savings identified shall be remitted to the City as either a direct payment sent to the City within 789 thirty (30) Days after Contractor’s receipt of funds or as a reduction to the Contractor’s 790 Compensation in accordance with Article 8, at the City Public Utilities Director’s sole discretion. 791 The Contractor shall include copies of invoices or receipts with the applicable Stewardship 792 Organization with its payment, as appropriate, regardless of whether the City is aware of such 793 funding or other resources have been received by the Contractor. 794 The Contractor shall also maintain all operational and financial records related to Extended 795 Producer Responsibility Programs as provided in Article 6 and report such information to the 796 Authority in accordance with Exhibit D or as otherwise requested by the Public Utilities Director. 797 798

4.10 SERVICE EXEMPTIONS 799

4.10.1 Reserved 800

4.10.2 Commercial and Multi-Family Customer Waivers 801 A. General. City may grant waivers described in this Section to Commercial or Multi-Family Generators 802 that impact the scope of Contractor’s provision of service for those Customers ; provided, th e 803 Generator shall continue to subscribe with Contractor for Collection services to the extent such 804 services are not waived by the City. Waivers issued shall be subject to compliance with SB 1383 805 requirements, pursuant to 14 CCR Section 18984.11, or other requirements specified by the City. 806 B. Types of Generator Waivers 807

1. De Minimis Waivers. City may waive a Commercial business’ or Multi -Family property’s 808 obligation to comply with Organic Materials requirements set forth in this Agreement, SB 809 1383, and of the Municipal Code if the Generator provides documentation or the City has 810 evidence demonstrating one of the following de minimis conditions: 811 a. The Commercial or Multi -Family Generator’s total Discarded Materials Collection 812 service is two (2) cubic yards or more per week, and Organic Waste subject to Collection 813 in a Recyclable Materials Container or Organic Materials Container comprises less than 814 twenty (20) gallons per week, per applicable Container, of the Commercial business’ 815 total waste; or, 816
b. The Commercial or Multi -Family Generator’s total Discarded Materials Collection 817 service is less than two (2) cubic yards per week, and Organic Waste subject to 818 Collection in a Recyclable Materials Container or Organic Materials Container comprises 819 less than ten (10) gallons per week, per applicable Container, of the Commercial 820 business’ total waste. 821

2. Physical Space Waivers. City may waive a Commercial or Multi-Family Generator’s obligation 822 to comply with some or all of the Recyclable Materials and Organic Materials requirements 823 set forth in this Agreement, SB 1383, and the Municipal Code if the Commercial or Multi -824 Family Generator provides documentation, or City has evidence from its staff, the Contractor, 825 licensed architect, engineer, or similarly qualified source demonstrating that the Premises 826 335
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lacks adequate space for Recyclable Materials Containers and/or Organic Materials 827 Containers. 828
C. Contractor Review of Waiver Requests. Generators may submit requests for de minimis waivers 829 and physical space waivers to City and/or to Contractor. Contractor shall within seven (7) Working 830 Days of receipt of City’s or Generator’s request inspect the Generator’s Premises to verify the 831 accuracy of the application. Contractor shall provide documentation of the inspection, including the 832 date of the inspection, Customer name and address, a description of the P remises, evaluation of 833 each criterion of the relevant waiver type, and photographic evidence. Contractor shall send this 834 information and documentation to City in a timely manner, not to exceed three (3) Business Days 835 after the date of inspection. City ultimately retains the right to approve or deny any application, 836 regardless of the information provided by Contractor. Contractor shall report information regarding 837 waivers reviewed within the month, if any, in accordance with this Section and Exhibit D. 838 D. Service Level Updates. When City grants a waiver to a Customer, or a Customer’s waiver status 839 changes after a re -verification determination, City shall notify Contractor within seven (7) days of 840 the waiver approval or status change with information on the Customer and any changes to Service 841 Level or Collection service requirements for the Customer. Contractor shall have seven (7) days to 842 modify the Customer’s Service Level, Customer account data, and billing statement, as needed. 843 E. Waiver Re-verification. Upon request of City, Contractor shall support City in this re -verification 844 Process by inspecting the Generator’s Premises to verify the continuing applicability of the waiver. 845 Contractor shall provide documentation of the inspection, including the date of the inspection, 846 Customer name and address, a description of the Premises, evaluation of each criterion of the 847 relevant waiver type, and photographic evidence. Contractor shall send this information and 848 documentation to City in a timely manner, not to exceed three (3) Business Days after the date of 849 inspection. City ultimately retains the right to approve or deny any application, regardless of the 850 information provided by the Contractor. Contractor shall report information regarding waivers 851 reviewed within the month, if any, in accordance with this Section and Exhibit D. In the event that 852 a waiver status changes, Contractor shall update the Customer’s information and Service Level i n 853 accordance with subsection 4.10.2.D above. 854

4.10.3 Contractor Service Exemptions 855
A. Disaster Waivers. In the event of a disaster, City may grant Contractor a waiver of some or all 856 Discarded Materials Collection requirements under this Agreement and 14 CCR, Division 7, Chapter 857 12, Article 3 in the disaster-affected areas for the duration of the waiver, provided that such waiver 858 has been approved by CalRecycle. Any resulting changes in Collection requirements shall be 859 addressed as a change in scope in accordance with Section 3.5. 860 B. Quarantined Waste. If approved by City, Contractor may Dispose of, rather than Process, specific 861 types of Organic Materials and/or Recyclable Materials that are subject to quarantine and meet the 862 requirements described in 14 CCR Section 18984.13(d) for a period of time specified by City or until 863 City provides notice that the quarantine has been removed and directs Contractor to Transport the 864 materials to the Approved Facilities for such material. 865 In accordance with Exhibit D, Contractor shall maintain records and submit reports regarding 866 compliance agreements for quarantined Organic Materials and Recyclable Materials that are 867 Disposed of pursuant to this subsection. 868
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4.11 CONTAMINATION MONITORING 869

4.11.1 Annual Route Reviews 870
A. Methodology. Contractor shall, at its sole expense, conduct route reviews of Containers for 871 Prohibited Container Contaminants in a manner that meets the requirements of this Section ; is 872 approved by City; and results in all routes being reviewed at least annually. 873 Contractor’s route review shall include all Container types in service (Recyclable Materials and 874 Organic Materials) for all Customer Types. 875
Contractor shall develop a specific route review methodology to accomplish the above Container 876 inspection requirements and such methodology shall comply with the requirements of 14 CCR 877 Section 18984.5(b). Contractor shall submit its proposed route review methodology for the 878 coming year to City no later than December 1 of each year describing its proposed methodology 879 for the calendar year and schedule for performance of each route’s annual review. City, with 880 potential input from CalRecycle, will review and approve the proposed methodology. Contractor 881 may commence with the proposed methodology upon approval. 882 City Contract Manager may request, and Contractor shall accept, modifications to the schedule 883 to permit observation of the route reviews by City . In addition, Contractor shall work 884 collaboratively with City Contract Manager to confirm a reasonable schedule of each scheduled 885 Route review in line with City’s normal business hours, and location(s). 886 B. Contamination Notification. Upon identification of Prohibited Container Contaminants in a 887 Customer’s Container, Contractor shall provide the Customer with a notice of contamination in 888 the form of either a Courtesy Pick-Up Notice or a Non-Collection Notice as determined by the 889 Contractor. 890
C. Courtesy Pick -Up Notice. Upon identification of Prohibited Container Contaminants in a 891 Customer’s Container, Contractor shall provide the Customer a Courtesy Pick-Up Notice attached 892 or adhered to the Generator’s contaminated Container(s). 893 The courtesy pick-up notification shall, at a minimum: 894

1. Inform the Customer of the observed presence of Prohibited Container Contaminants. 895

2. Include the date and time the Prohibited Container Contaminants were observed. 896

3. Include information on the Customer’s requirement to properly Source S eparate 897 materials into the appropriate Containers, and the accepted and prohibited materials 898 for Collection in each Container. 899

4. Inform the Customer of the courtesy pick -up of the contaminated materials on this 900 occasion with information that Contractor may assess contamination Processing fees 901 and/or issue a Non-Collection Notice in the future. 902

5. Include photographic evidence. Photographic evidence may be provided by mail , e-903 mail, or text message and does not need to be included on the Courtesy Pick-Up Notice 904 attached to the Generator’s Contaminated Container(s). 905 337
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The format of the Courtesy Pick-Up Notice shall be approved by the City Contract Manager and 906 must be a distinct color from the Non-Collection Notices. 907 Contractor shall Collect the contaminated Recyclable Materials and/or Organic Materials 908 Containers and either Transport the material to the appropriate Approved Facility for Processing; 909 or, Contractor may Collect the contaminated materials with the Solid Waste and Transport the 910 contaminated materials to the Approved Disposal Facility. 911 D. Non-Collection Notices 912

1. Non-Collection Notice. Upon identification of Prohibited Container Contaminants in a 913 Container in excess of standards agreed upon by the Parties or Excluded Waste, Contractor 914 shall provide a Non-Collection Notice to the Generator attached or adhered to the 915 Generator’s contaminated Container(s). 916
The Non-Collection Notice shall, at a minimum: 917
a. Inform the Customer of the reason(s) for non-Collection. 918 b. Include the date and time the notice was left or issued. 919 c. Describe the premium charge to Customer for Contractor to return and 920 Collect the Container after Customer removes the Contamination. 921 d. Describe that the Container(s) may be Collected as Solid Waste for an 922 additional charge. 923
e. Include photographic evidence of the violation(s). Photographic evidence 924 may be provided by mail, e -mail, or text message and does not need to be 925 included on the Non -Collection Notice attached to the Generator’s 926 Contaminated Container(s). 927

2. Contractor Return for Collection. Upon request from Customer, Contractor shall Collect 928 Containers that received Non-Collection Notices within one (1) Working Day of Customer’s 929 request if the request is made at least two (2) Working Days prior to the regularly scheduled 930 Collection Day. Contractor shall bill Customer for the extra Collection service event (“extra 931 pick-up”) at the applicable City-approved Rates only if Contractor notifies Customer of the 932 premium Rate for this service at the time the request is made by Customer. 933 E. Assessment of Contamination Processing Fees. If Contractor observes twenty percent (20%) or 934 more Prohibited Container Contaminants and has issued three (3) Courtesy Pick-Up N otice or 935 Non-Collection Notices within a calendar year , as appropriate, the Contractor may impose a 936 contamination fee approved by City for that Customer’s Service Level . The intent of 937 Contamination Fees is to provide a behavioral tool to educate and prevent Customers from 938 placing Source Separated Discarded Materials into the improper designated C ontainer(s). To 939 ensure that assessment of fees are to be used for the intended purposes and not as a form of 940 revenue generation, Contractor agrees that Contamination fees shall not exceed one percent (1%) 941 of Contractor ’s Gross Receipts in any calendar quarter . In the event that Contamination fees 942 exceed one percent (1%) of Contractor’s Gross Receipts in any calendar quarter, the assessment 943 338
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of Contamination fees shall be suspended immediately and indefinitely pending a program 944 assessment by City and Contractor. Upon program suspension or at the request of City at any time 945 during the Term of the Agreement, City and Contractor shall meet and confer regarding the 946 application and effectiveness of Contamination fees in accomplishing the behavior change. If the 947 program is suspended due to excessive revenue generation, City may require Contractor to either: 948 i) modify the program parameters; ii) modify the amount of the Contamination fee; or, iii) return 949 to City any funds generated by the Contamination fee which exceed one percent ( 1%) of 950 Contractor’s Gross Receipts for a given period of time. 951 Contractor shall leave a Contamination Processing Fee Notice attached to the Generators’ 952 contaminated Container(s). Contractor must also deliver notice by mail to the bill-payer’s address 953 within twenty-four (24) hours of assessing the contamination fee. 954

1. Contamination Processing Fee Notice. Contamination Processing Fee Notices shall be in a 955 format approved by City Contract Manager. Contractor shall notify City in its monthly report 956 of Customers for which contamination Processing fees were assessed per Section 4.11.1(F). 957 Each Contamination Processing Fee Notice shall, at a minimum: 958 a. Describe the specific material(s) of issue. 959
b. Explain how to correct future set outs. 960
c. Indicate that the Customer will be charged a contamination Processing fee on 961 their next bill. 962
F. Reporting Requirements. 963
Monthly, quarterly, and annual reporting requirements associated with contamination 964 monitoring are detailed in Exhibit D. 965

4.11.2 Waste Characterization Studies 966
A. Recyclable Materials . Contractor shall, at its sole expense, design and perform Recyclable 967 Materials characterization studies at least once every two (2) years . Contractor agrees to 968 participate and cooperate with City and its agents and to accomplish studies and data collection 969 and prepare reports, as needed and directed by City . Contractor shall propose a study 970 methodology that must include a minimum of ten (10) Tons of Recyclable Materials, stratified 971 across no fewer than three (3) distinct days of service, from the City at the Approved Recyclable 972 Materials Processing Facility. The methodology must be approved by the City Contract Manager 973 in writing prior to Contractor conducting such a study. 974 B. Organic Materials. Contractor shall, at its sole expense, design and perform w aste 975 characterization at least once every two (2) years. Contractor agrees to participate and cooperate 976 with City and its agents and to accomplish studies and data collection and prepare reports, as 977 needed and directed by City. Contractor shall propose a study methodology that must include a 978 minimum of ten (10) Tons of Organic Materials, stratified across no fewer than three (3) distinct 979 days of service, from City at the Approved Organic Materials Processing Facility. The methodology 980 must be approved by City Contract Manager in writing prior to Contractor conducting such a 981 339
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study. 982
C. Scheduling and Observation of Studies. Contractor shall, no later than July 15th of each calendar 983 year, provide City with a proposed methodology for each type of study and a schedule of studies 984 for the upcoming Rate Year for review and approval by City. City shall be notified at least thirty 985 (30) days in advance of each study and City, or City’s designated third party, maintains the right 986 to observe all aspects of the study. The studies shall be scheduled within City’s normal business 987 hours, and City Contract Manager may request, and Contractor shall accept, modifications to the 988 schedule to permit observation by City. 989
D. Recordkeeping and Reporting. Contractor shall maintain records of each study conducted and 990 report results directly to City within fourteen (14) days of completing the. 991 E. General. Pursuant to the requirements of SB 1383, 14 CCR, Division 7, Chapter 12, Article 10, City 992 is responsible for developing and implementing a Food Recovery program in the City. Contractor 993 shall cooperate with and shall not impede, interfere, or attempt to impede or interfere with the 994 implementation, expansion, or operation of Food Recovery program efforts in the City. 995 996
ARTICLE 5. 997
STANDARD OF PERFORMANCE 998

5.1 GENERAL 999
Contractor shall at all times comply with Applicable Law and provide services in a manner that is safe to 1000 the public and the Contractor’s employees. 1001

5.2 OPERATING HOURS AND SCHEDULES 1002
A. Hours of Collection. To preserve peace and quiet, and minimize theft of Recyclable Materials and 1003 Organic Materials, the Company shall schedule no Collections from any Premises on any day 1004 earlier than 6:00 a.m. or later than 6:00 p.m. provided, however, that City may, at its sole 1005 discretion, change the Collection time as required by the needs of the Customers or Contractor. 1006 B. Changes in Collection Route s. For Residential Collection services, Contractor shall perform 1007 Collection of Recyclable Materials and Organic Materials on the same day as the City’s Solid Waste 1008 Collection. If City needs to revise any Residential Solid Waste Collection routes, City will notify 1009 Contractor and Contractor shall revise their Recyclable Materials and Organic Materials routes to 1010 match. 1011
Prior to the Commencement Date of this Agreement, Contractor shall provide City with route 1012 maps for Comm ercial routes identifying at a minimum: the type of route (e.g. , Recyclable 1013 Materials or Organic Materials). City shall either approve or deny proposed standard Commercial 1014 Collection routes., If City denies any standard Collection routes, Contractor may request a meet 1015 and confer with City Contract Manager to discuss potential options. City Contract Managers 1016 decision shall be final with respect to any routing changes that may impact the day of service of 1017 any Customer. 1018
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C. Holiday Collection. Collection of Recyclable Materials and Organic Materials shall be made on all 1019 holidays that fall on a day of service with no exception. 1020

5.3 COLLECTION STANDARDS 1021
A. Servicing Containers. Contractor shall Collect and return each Container to the location where 1022 the Occupant placed the Container for Collection . Contractor shall place the Containers upright 1023 with lids properly secured . For Customers other than Single -Family Residential Customers, 1024 Contractor shall, without additional charge to the Customer, pull or push Containers up to twenty-1025 five (25) feet from the location where the Occupant placed the Container for Collection to the 1026 Collection vehicle for service. 1027
Contractor, at the request of Customers, may provide special services including: (i) unlocking 1028 Containers; (ii) accessing Container enclosures with a key; or , (iii) pulling or pushing Containers 1029 distances greater than twenty-five (25) feet . Contractor may charge Customers for such extra 1030 services at the Rates approved by City for such services. 1031 Contractor shall guarantee complete Curbside Recyclable Materials and Organic Materials 1032 Collection service on each route on each day of Collection service. Liquidated Damages may be 1033 assessed by City , against Contractor for failure to Collect Recyclable Materials and/or Organic 1034 Materials which have been properly set out for Collection. 1035 If Contractor fails to Collect Recyclable Materials Containers or Organic Materials Containers from 1036 Customers within twenty-four (24) hours of receiving notification of the missed pickups, City shall 1037 have the right to Collect such Containers and Contractor shall reimburse City for the reasonable 1038 costs incurred to Collect such Containers. 1039
C. Litter Abatement. Contractor shall use due care to prevent spills or leaks of material placed for 1040 Collection, fuel, and other vehicle fluids while providing services under this Agreement . If any 1041 materials are spilled or leaked during Collection and Transportation, Contractor shall clean up all 1042 spills or leaks before leaving the site of the spill. In the event that Contractor refuses to clean up 1043 spills or leaks, City may withhold compensation in a reasonable amount that is required to cover 1044 City’s costs of cleaning up the spill or leak. 1045
Contractor shall not Transfer loads from one vehicle to another on any Public Street, unless it is 1046 necessary to do so because of mechanical failure, combustion of material in the truck, or 1047 accidental damage to a vehicle. 1048
Contractor shall cover all open Drop Boxes at the pickup location before Transporting materials 1049 to the Approved Facility. 1050
Contractor shall conduct public outreach to Customers on best management practices for litter 1051 abatement at no extra charge. Such best management practices include, without limitation: 1052

1. Closing Container lids and right sizing service: Contractor staff will tag overfull Containers 1053 with Courtesy Pick-Up Notices, which will serve as outreach and education to the Customer. 1054 Photos of the Container will be taken by drivers, attached to the Customer’s account, and 1055 will be available to outreach and Customer service staff in order to demonstrate to the 1056 Customer where a problem exists. 1057
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2. Driver training on litter reduction techniques and litter removal best management 1058 practices. 1059

3. Affixing signage to the back of Contractor trucks which provides a phone number for 1060 residents to report material spills. 1061
D. No Commingling of Materials. Contractor shall Collect materials generated in the City in 1062 Collection vehicles separately from other materials generated outside the City service area, unless 1063 otherwise approved by City Contract Manager. Contractor shall not commingle materials which 1064 have been Source Separated with other materials types (for example, Source Separated 1065 Recyclable Materials which have been properly placed for Collection shall not be combined with 1066 Source Separated Organic Materials). 1067

5.4 TRANSFER AND PROCESSING STANDARDS 1068

5.4.1 Equipment and Supplies 1069
Contractor shall equip and operate the Approved Processing Facilities in a manner to fulfill Contractor’s 1070 obligations under this Agreement. Contractor is solely responsible for the adequacy, safety, and suitability 1071 of the Approved Processing Facilities. Contractor shall modify, enhance, and/or improve the Approved 1072 Processing Facilities as needed to fulfill Services under this Agreement. 1073 Contractor shall provide all rolling stock, stationary equipment, material storage containers, spare parts, 1074 maintenance supplies, Transfer, Transport, and Processing equipment, and other consumables as 1075 appropriate and necessary to operate the Approved Processing Facilities and provide all services required 1076 by this Agreement. Contractor shall place the equipment in the charge of competent operators. 1077 Contractor shall repair and maintain all equipment at its own cost and expense. 1078

5.4.2 Scales and Weighing 1079
Contractor is solely responsible for ensuring accurate weighing of all materials entering and leaving the 1080 Approved Processing Facilities. 1081
A. Facility Scales. Contractor shall maintain State -certified motor vehicle scales in accordance with 1082 Applicable Law. All scales shall be linked to a centralized computer recording system at the 1083 Approved Processing Facilities to record weights for all incoming and outgoing materials. Contractor 1084 shall provide back-up generator(s) capable of supplying power to the scales in the event of a power 1085 outage. Contractor shall promptly arrange for use of substitute portable scales should its usual 1086 scales not be available for whatever reason. Pending substitution of portable scales, Contractor shall 1087 as necessarily estimate the Tonnages of materials delivered to and Transported from the Approved 1088 Processing Facilities, based on delivery vehicle and Transfer trailer volumes, tare weights, and/or 1089 other available facility weight records. These estimates shall take the place of actual weights while 1090 scales are inoperable and shall be identified as estimates in electronic records and reporting. 1091 B. Tare Weights. No less than thirty (30) calendar days prior to the Commencement Date, Contractor 1092 shall ensure that all v ehicles used by Contractor to deliver Recyclable Materials and Organic 1093 Materials to the Approved Processing Facilities are weighed to determine unloaded (“tare”) 1094 weights. Contractor shall electronically record the tare weight, identify vehicle as Contractor owned, 1095 and provide a distinct vehicle identification number for each vehicle. Contractor shall provide City 1096 with a report listing the vehicle tare weight information upon request. Contractor shall promptly 1097 342
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weigh additional or replacement vehicles prior to placing them into service. Contractor shall check 1098 tare weights at least annually, or within fourteen (14) calendar days of a City request, and shall re-1099 tare vehicles immediately after any major maintenance or service event. 1100 C. Testing. Contractor shall test and calibrate all scales in accordance with Applicable Law. 1101 D. Records. Contractor shall maintain computerized scale records and reports that provide 1102 information including date of receipt, inbound time, inbound and outbound weights of vehicles, and 1103 vehicle identification number. Contractor shall also maintain computerized scale records and 1104 reports providing historical vehicle tare weights for each vehicle and the date and location for each 1105 tare weight recorded. 1106
1107

5.5 COLLECTION VEHICLE REQUIREMENTS 1108
A. Vehicle Requirements. Contractor shall provide a fleet of Collection vehicles sufficient in number 1109 and capacity to efficiently perform the work required by the Agreement in strict accordance with 1110 its terms . Contractor shall have available sufficient back -up vehicles for each type of Collection 1111 vehicle used to respond to scheduled and unscheduled maintenance, service requests, Complaints, 1112 and emergencies. 1113

1. All such vehicles shall have watertight bodies designed to prevent leakage, spillage, or 1114 overflow. All such vehicles shall meet On-Road Heavy Duty Vehicle emissions requirements 1115 for model year 20 20, regardless of the actual model year of Contractor’s vehicles, and 1116 generally comply with all Federal, State, and local laws and regulations. Contractor’s vehicles 1117 shall utilize Recycled motor oil to the extent practicable. 1118

2. Collection vehicles shall present a clean appearance while providing service under this 1119 Agreement. 1120
B. Vehicle Display. Contractor’s name and local telephone number shall be displayed on all vehicles in 1121 at least four (4) inch characters. Vehicles shall be equipped with sign board holders or other 1122 hardware to allow public education signage of no less than thirty-six (36) by forty-eight (48) inches 1123 to be displayed on both sides of the vehicle. At City’s request, Contractor shall allow City -related 1124 promotional ads to be placed on Collection vehicles operating in the City. Contractor shall be 1125 responsible for installing the logo or promotional advertisements. 1126 C. Vehicle Inspection. Contractor shall inspect each vehicle daily to ensure that all equipment is 1127 operating properly. Vehicles that are not operating properly shall be taken out of service until they 1128 are repaired and operate properly. Contractor shall repair or arrange for the repair of all its vehicles 1129 and equipment for which repairs are needed because of accident, breakdown or any other cause so 1130 as to maintain all equipment in a safe and operable condition . City Contract Manager may inspect 1131 vehicles at any reasonable time, and within three (3) calendar days of such a request, to determine 1132 compliance with sanitation requirements. 1133
D. Vehicle Operations. All Collection operations shall be conducted as quietly as possible and shall 1134 conform to applicable Federal, State, County, and City noise level regulations, including the 1135 requirement that the noise level during the stationary compaction process not exceed sixty (60) 1136 343
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decibels with the exception of sixty -five (65) decibels for one (1) minute duration. All decibel 1137 readings shall be based on a distance of ten (10) feet from any part of the Vehicle. City may request 1138 Contractor to check any piece of equipment for conformance with the noise limits in response to 1139 Complaints and/or when City Contract Manager believes it is reasonable to do so. 1140 E. Applicable Law. All collection vehicles shall comply at all times with Applicable Law, including but 1141 not limited to California Air Resources Board (“CARB”) Truck and Bus Regulation (13 CCR 2025) and 1142 advanced clean fleets regulation (13 CCR 1963 -1963.5 and 2012 -2012.2), including any 1143 modifications, administrative or legal determinations, and amendments thereto. The Parties 1144 acknowledge the requirements of the advanced clean fleets regulation adopted by the CARB in 2023 1145 and Contractor acknowledges that vehicles with a gross vehicle weight rating greater than 8,500 1146 pounds and light-duty package delivery vehicles operated in California may be subject to the CARB 1147 advanced clean fleets regulations. Contractor’s collection vehicles may therefore be subject to 1148 requirements to reduce emissions of air pollutants. All collection vehicles shall meet on-road heavy 1149 duty vehicle emissions requirements for model year purchased if newer, and comply Applicable 1150 Law. Contractor is aware that the advanced clean fleets regulation is a current State Law and 1151 Contractor’s compliance with the advanced clean fleets regulation, as it may be amended, 1152 throughout the term shall be eligible to request an extraordinary adjustment to transition to a zero-1153 emission fleet; all costs associated therewithin shall not burden the City disproportionately to other 1154 jurisdictions or agencies serviced by the Contractor or its affiliates, and if Contractor expands its 1155 fleet as a result of new, expanded, or extended service Contractors or an expansion into new market 1156 areas, the City shall benefit proportionately from that expansion of services and impacts on 1157 Contractor’s fleet. 1158

5.6 CONTAINER REQUIREMENTS 1159
A. Containers Provided to Customers . On or before the Commencement Date, Contractor shall 1160 provide Customers receiving Bin service with refurbished or like -new Bins as requested by the 1161 Customer to meet its desired Service Level. On or before the Commencement Date, Contractor shall 1162 provide Commercial Customers receiving Cart service with refurbished or like -new Carts as 1163 requested by the Customer to meet its desired Service Level. Contractor shall provide Containers to 1164 new Customers requesting service initiation within three (3) Working Days of Contractor’s first 1165 receipt of the Customer request. Contractor-provided Containers shall be refurbished or like-new, 1166 and shall comply with the Container standards set forth in the Section. All Containers shall display 1167 the Contractor’s name, telephone number described in Section 4. 8.1, website, capacity (yards or 1168 gallons) and some identifying inventory or serial number . Contractor shall cooperate with the 1169 previous City Collection contractor to ensure that all existing Bins are replaced with Contractor -1170 provided Containers within thirty (30) calendar days following the Commencement Date. 1171 B. Container Standards 1172

1. All Carts shall be manufactured by injection or rotational molding methods. The Cart handles 1173 and handle mounts may be an integrally molded part of the Cart body or molded as part of 1174 the lid. The Cart handles shall provide comfortable gripping area for pulling or pushing the 1175 Cart or lifting the lid. Pinch points are unacceptable. Carts provided to Customer shall have a 1176 useful life of ten (10) or more years or more as evidenced by a manufacturer’s warranty or 1177 other documentation acceptable to City. 1178
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2. Carts shall remain durable, and at a minimum, shall meet the following durability 1179 requirements to satisfy its intended use and performance, for the Term of this Agreement: 1180 maintain its original shape and appearance; be resistant to kicks and blows; require no routine 1181 maintenance and essentially be maintenance free; not warp, crack, rust, discolor, or 1182 otherwise deteriorate over time in a manner that shall interfere with its intended use; resist 1183 degradation from ultraviolet radiation; be incapable of penetration by biting or clawing of 1184 household pets (i.e., dogs and cats); the bottoms of Cart bodies must remain impervious to 1185 any damage, that would interfere with the Cart’s intended use after repeated contact with 1186 gravel, concrete, asphalt, or any other rough and abrasive surface; all wheel and axle 1187 assemblies are to provide continuous maneuverability and mobility as originally designed and 1188 intended. 1189

3. Carts shall be resistant to common household or Residential products and chemicals; human 1190 and animal urine and feces; and, airborne gases or particulate matter currently present in the 1191 ambient air of the Service Area. 1192

4. All Containers with a capacity of one (1) cubic yard or more shall meet applicable Federal 1193 regulations for Bin safety and be covered with attached lids. 1194

5. Contractor shall obtain City’s written approval of Container material, design, colors, labeling, 1195 and other specifications before acquisition, painting, labeling, or distribution occurs. 1196

7. Container lids shall be designed such that the follow requirements are met: 1197 a. Prevents the intrusion of rainwater and vectors; 1198 b. Prevents the emissions on odors; 1199
c. Enables the free and complete flow of material from the Container during the dump 1200 cycle without interference with the material already deposited in the truck body or the 1201 truck body itself and its lifting mechanism; 1202
d. Permits users of the Cart to conveniently and easily open and shut the lid throughout 1203 the serviceable life of the Cart; 1204
e. Hinges to the Cart body in such a manner to enable the lid to be fully opened, free of 1205 tension, to a position whereby it may rest against the backside of the Cart body; 1206 f. Prevents damage to the Container body, the lid itself, or any component parts through 1207 repeated opening and closing of the lid by Generators or in the dumping process as 1208 intended; 1209
g. Remains closed in winds up to twenty-five (25) miles per hour from any direction. All lid 1210 hinges must remain fully functional and continually hold the lid in the original designed 1211 and intended positions when either opened or closed or any position between the two 1212 (2) extremes; and, 1213
h. Designed and constructed such that it prevents physical injury to the user while opening 1214 and closing the Cart. 1215
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8. Containers shall be stable and self -balancing in the upright position, when either empty or 1216 loaded to its maximum design capacity with an evenly distributed load, and with the lid in 1217 either a closed or an open position. Containers shall be capable of maintaining upright 1218 position in sustained or gusting winds of up to twenty-five (25) miles per hour as applied from 1219 any direction. 1220

9. Containers shall be capable of being easily moved and maneuvered, if applicable, with an 1221 evenly distributed load equal in weight to its maximum design capacity on a level, sloped or 1222 stepped surface. 1223

10. All such Containers shall be one hundred percent (100%) Recyclable at the end of their useful 1224 life. 1225

11. All Containers shall be designed and constructed to be watertight and prevent the leakage of 1226 liquids. 1227
C. Container Colors. Contractor shall provide all Customers with Collection Containers that comply 1228 with the Container color requirements specified in this Section 5.6, or as otherwise specified in 1229 14 CCR Section 18982; 14 CCR, Division 7, Chapter 12, Article 3; or other Applicable Law. Colors 1230 shall be colorfast and resistant to fading as a result of weathering or ultraviolet degradation; and 1231 the lids and bodies shall be uniform for each Container type, as follows: 1232

1. Recyclable Materials Container bodies and lids shall be blue. 1233

2. Organic Materials Container bodies and lids shall be green. 1234 Hardware such as hinges and wheels on the Containers may be a different color than specified 1235 above. All Containers shall comply with these color requirements.. 1236 D. Container Labeling. All markings on the Containers shall be approved by the City in advance of 1237 ordering such Containers. On the lid of each Cart, and the body of each Bin and Drop Box , 1238 Contractor shall label the ultimate destination of such materials as follows: for Recyclable 1239 Materials (including Cardboard, mixed paper, metal, etc.); and, “COMPOST” for Organic Materials 1240 (including Food Waste, Yard Trimmings, wood waste, etc.) . On the body of each Cart, Bin, and 1241 Drop Box, Contractor shall label the Container capacity (in gallons for Carts, and cubic yards for 1242 Bins and Drop Boxes). Container body labeling shall be positioned on the side of each Container 1243 so it is visible to the Customer at all times. 1244
Carts shall have positional marking in the form of an arrow (at least three (3) inches by five (5) 1245 inches) hot stamped in white color on the Cart lid, indicating the direction of Cart placement; and, 1246 in character size of no less than three sixteenths (3/16) inches, the phrase: “PLACE CART WITH 1247 ARROW FACING STREET FOR COLLECTION.” 1248
All new Carts shall include a high-quality educational information label using in-mold technology, 1249 such that all labeling shall be integral to the lid, though the use of injection molding, and shall not 1250 be affixed to any part of the Cart or lid using adhesives. Notwithstanding the provisions of this 1251 Section, or the requirements of SB 1383, the in-mold lid label shall, at a minimum, include for each 1252 Container: primary materials accepted; primary materials prohibited; a clear indication of 1253 Prohibited Container Contaminants for that Container type, acceptable materials; prohibited 1254 346
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materials; notification forbidding Hazardous Waste and describing proper Disposal thereof; 1255 notification forbidding scavenging (through words and international symbols) and describing the 1256 penalties therefore under California law or City Resolution; information about the Collection 1257 program; and, the City’s name and logo. Subject to City approval, Contractor shall display City ’s 1258 name, website, and Contractor’s designated telephone number using labels, decals, or other 1259 approved method. Upon expiration or early termination of this Agreement, Contractor shall 1260 transfer access and rights of such phone number and website to the City. 1261 E. Repair and Replacement of Containers; Inventory. Contractor shall be responsible for repairing 1262 or replacing Contractor-provided Containers when Contractor determines the Container is no 1263 longer suitable for service , or when City or a Customer requests replacement of a Contractor-1264 provided Container that does not properly function, leaks, is damaged, or is otherwise not fit for 1265 service. Contractor shall be responsible for acquiring and providing the replacement Containers. 1266 Contractor shall repair or replace all damaged or broken Containers within three (3) Working Days 1267 of Customer or City request. Minor cracks, holes, and other damages to hinges, wheels, axle, 1268 hardware, and other component parts shall be readily repairable by Contractor personnel. All 1269 repairs must restore the Container to its full functionality to meet the design and performance 1270 requirements as set for herein. 1271
Contractor shall maintain a sufficient inventory of Containers to accommodate new Customer 1272 requests for service, requests for change in Service Levels (size, type, or number of Containers) 1273 from current subscribers, and requests for replacement due to damage. 1274 Contractor shall provide to Commercial Customers at least one (1) free Cart replacement 1275 throughout the Term of this Agreement , upon Customer request . If a Customer requests more 1276 than one (1) Container replacement, Contractor shall make Containers available at the City -1277 approved Rate for such services. In addition, Commercial Customers may also request one (1) 1278 Container size exchange per Rate Period at no charge. All such Containers shall be provided within 1279 three (3) Working Days of request. 1280
City will charge the Contractor for replacement of all lost City-provided Recyclable Materials and 1281 Organic Materials Carts. For Multi -Family Customers (centralized Collection) and Commercial 1282 Customers, Collection shall be provided in Contractor-provided 96-gallon Carts or 1-6 cubic yard 1283 Bins at a frequency agreed upon between the Customer and the Contractor 1284 F. Maintenance, Cleaning, Painting. All Commercial Containers shall be maintained in a safe, 1285 serviceable, and functional condition, and present a clean appearance. Contractor shall repair or 1286 replace all Commercial Containers damaged by Collection operations in accordance with 1287 standards specified in Section 5.6., unless damage is caused by Customer’s gross ne gligence, in 1288 which case, the Customer will be billed for repair or replacement of Container at a City-approved 1289 Rate for such service. All Containers shall be maintained in a functional condition. 1290 Contractor shall provide Container cleaning services pursuant to Section 4.4.G. 1291 Contractor shall remove graffiti from Containers within forty-eight (48) hours of identification by 1292 Contractor or notice by City or a Customer if such graffiti includes any written or pictorial 1293 obscenities and otherwise within a one (1) week period. 1294 Upon request from City Contract Manager, Contractor shall provide City with a list of Containers 1295 347
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and the date each Container was painted and maintained. 1296 G. City Ownership of Containers at End of Term. Upon expiration or early termination of Agreement, 1297 all Containers purchased and put into service at Customer Premises during the Term of the 1298 Agreement shall become property of the City at no cost to the City if such Containers are fully 1299 depreciated. All Containers, and Compactors purchased and put into service at Customer 1300 Premises during the Term of the Agreement that have not been fully depreciated shall be available 1301 to the City, at the City’s option, at a cost reflecting the net book value. 1302 At its sole discretion, the City may elect not to exercise its rights with regards to this Section and, 1303 in such case, the Containers , and Compactors shall remain the property of the Contractor upon 1304 the date of this Agreement’s expiration or earlier termination. In such case, Contractor shall be 1305 responsible for outstanding depreciation and for removing all Containers , and Compactors in 1306 service from the Premises within fourteen (14) Working Days of the expiration date or early 1307 termination date of this Agreement or within a different timeframe mutually agreed to by the 1308 Parties. Contractor shall arrange for reuse or Recycling of Containers , and Compactors removed 1309 from the City. 1310

5.7 PERSONNEL 1311
A. General. Contractor shall furnish such qualified personnel as may be necessary to provide the 1312 services required by this Agreement in a safe and efficient manner. 1313 Contractor shall use its best efforts to assure that all employees present a neat appearance and 1314 conduct themselves in a courteous manner. Contractor shall not permit its employees to accept, 1315 demand, or solicit, directly or indirectly, any additional compensation, or gratuity from Customers 1316 or members of the public. 1317
B. Hiring of Displaced Employees. Contractor is aware of and shall comply with the requirements of 1318 and duties imposed by Sections 1072 and 1075 of the California Labor Code regarding offers of 1319 employment to any displaced employees resulting from a change in service provider, if any, 1320 resulting from this Agreement or upon the expiration of this Agreement. 1321 The minimum staffing positions to be provided by Contractor to perform the services described 1322 herein to the City are identified in Exhibit H. Failure to consistently maintain these staffing levels, 1323 by position, during the Term of the Agreement shall be considered a material breach. 1324 C. Driver Qualifications. All drivers must have in effect a valid license, of the appropriate class, issued 1325 by the California Department of Motor Vehicles . Contractor shall use the Class II California 1326 Department of Motor Vehicles employer “Pull Notice Program” to monitor its drivers for safety. 1327 D. Safety Training. Contractor shall provide suitable operational and safety training for all employees 1328 who operate Collection vehicles or equipment . Contractor shall train its employees involved in 1329 Collection to identify, and not to Collect, Excluded Waste. Upon City Contract Manager’s request, 1330 Contractor shall provide a copy of its safety policy and safety training program, the name of its 1331 safety officer, and the frequency of its trainings. 1332 E. Designated Staff. 1333
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1. Contractor’s Government Liaison. Contractor shall designate at least one (1) qualified local 1334 employee as City’s primary point of contact with Contractor who is principally responsible 1335 for administering the Agreement (submitting reports, attending recurring meetings, etc.) 1336 and whose time is fully dedicated to City. Such individual shall be empowered to negotiate 1337 on behalf of and bind Contractor with respect to any changes in scope, dispute resolution, 1338 compensation adjustments, and service-related matters which may arise during the Term 1339 of this Agreement. 1340

2. Contractor’s Service Liaison. Contractor shall designate at least one (1) qualified employee 1341 as City’s primary point of contact with Contractor responsible for Collection operations and 1342 resolution of service requests and Complaints. The designated Service Liaison will devote at 1343 least fifty percent (50%) of their time in the City in the field checking on Collection 1344 operations, including responding to City requests, inquiries, and Complaints. 1345

3. Diversion Coordinator. Contractor shall provide one (1) full-time Diversion Coordinator who 1346 is solely dedicated to City and shall not perform any work related to other jurisdictions, 1347 proposals, or business functions of Contractor . Contractor shall hire the Diversion 1348 Coordinator in advance of the Commencement Date and the Diversion Coordinator shall 1349 assist in contacting all Multi -Family and Commercial Customers prior to the 1350 Commencement Date to determine Service Levels. The duties of the Diversion Coordinator 1351 will be focused on public education, community outreach, Commercial and Multi -Family 1352 site visits, and technical assistance, and will be substantial as proposed by Contractor in 1353 Exhibit G, Contractor ’s Proposal and in Exhibit C , Public Education and Outreach 1354 Requirements. The Diversion Coordinator shall be a full-time, regular, professional position, 1355 compensated in accordance with the wages shown in Contractor’s Proposal for such a 1356 position. Contractor acknowledges that the Diversion Coordinator role is not intended to 1357 be an internship, or entry -level role. City may also employ corresponding staff member s 1358 who will work in partnership with Contractor’s Diversion Coordinator, and the Contractor’s 1359 Diversion Coordinator shall cooperate and share information openly with such City 1360 employee. 1361
In the event that Contractor fails to provide the required number of full -time equivalent 1362 Diversion Coordinator for more than two (2) months, Contractor shall remit to City ten 1363 thousand dollars ($10,000) per un -provided employee for every month (in excess of two 1364 months) such employee is not provided. Such amount shall be adjusted annually by the 1365 same percentage used to adjust Rates in accordance with Exhibit E. Contractor shall remit 1366 such payment within fifteen (15) Business Days of a written request by City. The intent of 1367 this payment is for the City to utilize the funds to separately procure equivalent public 1368 education services and ensure the contractually agreed upon levels of technical assistance 1369 and outreach to Customers. 1370
F. Key Personnel. Contractor shall make every reasonable effort to maintain the stability and 1371 continuity of Contractor’s staff assigned to perform the services required under this Agreement 1372 and as described in Exhibit G under Contractor’s proposal . Contractor shall notify City of any 1373 changes in Contractor’s staff described in Exhibit G to be assigned to perform the services required 1374 under this Agreement. City Contract Manager shall retain the right to request a reassignment of 1375 any designated staff members in Section 5.7.E who are assigned to perform services under this 1376 Agreement. 1377
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Notwithstanding City’s approval of Contractor’s personnel, Contractor shall not be relieved from 1378 any liability resulting from the work to be performed under this Agreement, nor shall Contractor 1379 be relieved from its obligation to ensure that its personnel maintain all requisite certifications, 1380 licenses, and the like, and Contractor shall ensure that its personnel at all times fully comply with 1381 Applicable Law. 1382
At any point during the Term of this Agreement, City may request, in writing, that any of 1383 Contractor’s employees be reassigned such that they no longer perform any work relating to this 1384 Agreement, and shall provide a statement describing the reason for such request. Within twenty-1385 four (24) hours of Contractor’s receipt of such request, or such other time agreed to by City in 1386 writing, Contractor shall remove the identified employee(s) from performing any work related to 1387 this Agreement; the vacated position(s) must be filled by Contractor with a suitable replacement 1388 within ten (10) calendar days and Contractor shall immediately fill the vacated position with a 1389 temporary replacement if required to perform, without delay, all services required under this 1390 Agreement. 1391

5.8 EXCLUDED WASTE INSPECTION AND HANDLING 1392
A. Inspection Program and Training. Contractor shall develop a load inspection program that 1393 includes the following components: (i) p ersonnel and training; (ii) load checking activities; (iii) 1394 management of wastes; and, (iv) record keeping and emergency procedures. 1395 Contractor’s load checking personnel, including its Collection vehicle drivers, shall be trained in : 1396 (i) the effects of Hazardous Substances on human health and the environment; (ii) identification 1397 of prohibited materials; and , (iii) emergency notification and response procedures . Collection 1398 vehicle drivers shall inspect Containers before Collection when practical. 1399 B. Response to Excluded Waste Identified During Collection. If Contractor determines that material 1400 placed in any Container for Collection is Excluded Waste or presents a hazard to Contractor's 1401 employees, Contractor shall have the right to refuse to accept such material. The Generator shall 1402 be contacted by the Contractor and requested to arrange proper Disposal. If the Generator cannot 1403 be reached immediately, Contractor shall, before leaving the Premises, leave Non-Collection 1404 Notice, which indicates the reason for refusing to Collect the material and lists the phone number 1405 of a facility that accepts the Excluded Waste or a phone number of an entity that can provide 1406 information on proper Disposal of the Excluded Waste. Under no circumstances shall Contractor’s 1407 employees knowingly Collect Excluded Waste or remove unsafe or poorly containerized Excluded 1408 Waste from a Collection Container. 1409
If Excluded Waste is found in a Collection Container or Collection area that could possibly result 1410 in imminent danger to people or property, Contractor shall immediately notify the Fire 1411 Department. 1412
C. Response to Excluded Waste Identified At Processing or Disposal Facility. Materials Collected by 1413 Contractor will be delivered to the Approved Facilities for purposes of Processing or Disposal. In 1414 the event that load checkers and/or equipment operators at such facility identify Excluded Waste 1415 in the loads delivered by Contractor, such personnel shall remove these materials for storage in 1416 approved, on-site, Excluded Waste storage Container(s). Contractor shall arrange for removal of 1417 the Excluded Wastes at its cost by permitted haulers in accordance with Applicable Laws and 1418 350
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regulatory requirements. Contractor may at its sole expense attempt to identify and recover the 1419 cost of Disposal from the Generator . If the Generator can be successfully identified, the cost of 1420 this effort, as well as the cost of Disposal shall be chargeable to the Generator. 1421

5.9 CONTRACT MANAGEMENT 1422
Consistent with Section 12.10, the City Contract Manager shall monitor and administer this Agreement. 1423 Contractor shall designate an employee to serve as Contractor’s Government Liaison(s), to be responsible 1424 for working closely with the City Contract Manager in the monitoring and administration of this 1425 Agreement. Contractor’s Government Liaison shall not be involved in the management, operations, 1426 administration, marketing, or other activities of Contractor other than under this Agreement and up to 1427 one (1) other community’s franchise agreement. Contractor shall be responsible for notifying the City 1428 Contract Manager of such other community and any change in assignments. 1429 Contractor’s Government Liaison shall meet and confer with City Contract Manager to resolve differences 1430 of interpretation and implement and execute the requirements of this Agreement in an efficient, effective 1431 manner that is consistent with the stated objectives of this Agreement. 1432 City Contract Manager and Contractor ’s Government Liaison shall hold contract management meetings 1433 monthly or at such other frequency as designated by City Contract Manager. This meeting is intended to 1434 review the status of Contractor’s implementation of programs and services required under this 1435 Agreement, coordinate shared efforts between the Parties, and such other agenda items as are deemed 1436 appropriate by the Parties for such meetings. 1437
From time to time, City Contract Manager may designate other agents of City to work with Contractor on 1438 specific matters. In such cases, those individuals should be considered designees of City Contract Manager 1439 for those matters to which they have been engaged. Such designees shall be afforded all of the rights and 1440 access granted thereto . In the event of a dispute between City Contract Manager’s designee and 1441 Contractor, City Contract Manager’s determination shall be conclusive. 1442 In the event of dispute between City Contract Manager and Contractor regarding the interpretation of or 1443 the performance of services under this Agreement, City Contract Manager’s determination shall be 1444 conclusive except where such determination results in a material impact to Contractor’s revenue and/or 1445 cost of operations. In the event of a dispute between City Contract Manager and the Contractor results in 1446 such material impact to Contractor, the provisions of Section 10.9 shall apply . For the purposes of this 1447 Section, “material impact” is an amount equal to or greater than one percent (1%) of Contractor’s annual 1448 Gross Receipts under this Agreement. 1449
City Contract Manager or their designate shall have the right to observe and review Contractor operations 1450 and Processing Facilities and enter Premises for the purposes of such observation and review , including 1451 review of Contractor’s records, during reasonable hours with reasonable notice. In no event shall 1452 Contractor prevent access to such Premises for a period of more than three (3) calendar days after 1453 receiving such a request. 1454

5.10 RESERVED 1455

5.11 LOCAL PURCHASING PREFERENCE 1456
Contractor shall, throughout the Term of this Agreement, give preference to purchasing materials and 1457 351
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supplies used in connection with this Agreement from local vendors within the City, County, or State (and 1458 in that order of preference). At a minimum, Contractor shall purchase the following items from vendors 1459 within the County: vehicle supplies (e.g., fuel, fluids, tires, parts, etc.); printing and publishing services for 1460 any and all public education and outreach materials; uniforms, safety clothing/equipment, and work 1461 boots; and office supplies. 1462

5.12 DIVERSION REQUIREMENTS 1463
Contractor shall maintain at least fifty percent ( 75%) Diversion of Recyclable Materials and Organic 1464 Materials Collected in the City by Contractor. The Diversion percentage shall be calculated as total Tons 1465 Diverted divided by total Tons Collected. Total Tons Diverted does not include Processing Residue that is 1466 Disposed. 1467
ARTICLE 6. 1468
RECORD KEEPING AND REPORTING 1469

6.1 RECORD KEEPING 1470
Contractor shall maintain Customer contact data, Customer service, accounting, statistical, operational, 1471 programmatic, and other records, and associated documentation, related to its performance as shall be 1472 necessary to provide detailed and accurate reports under this Agreement, and to demonstrate compliance 1473 with this Agreement and Applicable Law. Unless otherwise required in this Article, Contractor shall retain 1474 all records and data required to be maintained by this Agreement for the Term of this Agreement plus five 1475 (5) years after its expiration or earlier termination . Records and data shall be in chronological and 1476 organized form that is readily and easily interpreted to facilitate the flexible use of data to structure 1477 reports. Contractor’s records shall be stored in one central location, physical or electronic, that can be 1478 readily accessed by Contractor. Upon request, any such records shall be retrieved in a timely manner, not 1479 to exceed five (5) Working Days of a request by City Contract Manager, and made available to City Contract 1480 Manager; including any record or documentation that City, in their sole discretion, may deem necessary, 1481 for City to fulfill obligations under Applicable Law including, but not limited to, AB 939, AB 341, AB 1826, 1482 AB 876, AB 901, SB 1383, and other current or future Federal, State, or local regulations, as amended. 1483 Contractor shall maintain adequate record security to preserve records from events that can be 1484 reasonably anticipated such as a fire, theft, and an earthquake. Electronically maintained data and records 1485 shall be protected and backed-up. City reserves the right to require the Contractor to maintain the records 1486 required herein using a City-selected web-based software platform, at Contractor’s expense. To the extent 1487 that Contractor utilizes its computer systems to comply with record keeping and reporting requirements 1488 under this Agreement, Contractor shall, on a monthly basis, save all system-generated reports supporting 1489 those record keeping and reporting requirements in a static format in order to provid e an audit trail for 1490 all data required by City, as requested, under this Agreement. 1491 At a mutually agreed upon time during normal business hours, but within five (5) Work Days of a written 1492 request, Contractor shall provide to City the Contractor’s data and records with respect to the matters 1493 covered by this Agreement and Applicable Law. Contractor shall permit City, or its designee, to audit, 1494 examine, and make excerpts or transcripts from such data and records, and make copies of all data 1495 relating to all matters covered by this Agreement and the Applicable Law. Contractor shall maintain such 1496 data and records in an accessible location and condition for a period of not less than five (5) years 1497 following City’s receipt of final payment under this Agreement unless City agrees in writing to an earlier 1498 352
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disposition. Contractor agrees that all data regarding business operations, Customer lists, routing, 1499 Tonnage, Service Levels, work orders issued from dispatch, Customer service logs and account notes, and 1500 work force and bargaining agreements , do not constitute Proprietary Information or Trade Secrets and 1501 shall be made available to City Contract Manager or their designee upon request and within the timelines 1502 required by this Section 6.1. City is subject to the California Public Records Act (Government Code section 1503 6250, et. seq.) and nothing in this Agreement is intended to impair City’s requirements or obligations 1504 under that Act. 1505
City views its ability to defend itself against Comprehensive Environmental Response, Compensation and 1506 Liability Act (CERCLA), and related litigation as a matter of great importance. For this reason, City regards 1507 its ability to prove where Collected Recyclable Materials and Organic Materials are taken for Transfer, 1508 Processing, or Disposal. Contractor shall maintain records which can establish where Recyclable Materials, 1509 Organic Materials, and Solid Waste Collected were Transferred, Processed, or Disposed. This provision 1510 shall survive the expiration or earlier termination of this Agreement . Contractor shall maintain these 1511 records for a minimum of ten ( 10) years beyond expiration or earlier termination of the Agreement . 1512 Contractor shall provide these records to City (upon request or at the end of the record retention period) 1513 in an organized and indexed manner rather than destroying or Disposing of them. 1514

6.2 REPORT SUBMITTAL REQUIREMENTS 1515
Contractor shall submit daily, monthly, quarterly, and annual reports as scheduled in Exhibit D, with all 1516 data and information described in Exhibit D, unless otherwise specified under this Agreement. 1517 Contractor may propose report formats that are responsive to the objectives and audiences for each 1518 report. The format of each report shall be approved by City Contract Manager, in their sole discretion . 1519 City Contract Manager may, from time to time during the Term, review, and request changes to 1520 Contractor’s report formats and content and Contractor shall not unreasonably deny such requests. 1521 Contractor shall submit all reports to City Contract Manager electronically using file formats and software 1522 acceptable to the City. City reserves the right to require the Contractor to maintain records and submit 1523 the reports required herein through use of a City -selected web -based software platform, at the 1524 Contractor’s expense. 1525
City reserves the right to require Contractor to provide additional reports or documents as City Contract 1526 Manager reasonably determines to be required for the administration of this Agreement or compliance 1527 with Applicable Law. 1528

6.3 PERFORMANCE REVIEW AND AUDIT 1529
City may request, and Contractor shall cooperate with a request for, a performance review once every 1530 three (3) years during the Term of this Agreement, to verify that Contractor has fulfilled its operational 1531 obligations under this Agreement. Notwithstanding the foregoing, Contractor shall cooperate with 1532 performance reviews more frequently than once every three (3) years if a deficiency of performance or 1533 contractual obligation is identified; this exemption applies only to performance or contractual obligations 1534 that are identified as deficient or non-compliant. The purpose of such review and audit shall be, without 1535 limitation, to review Complaints, billings, and fee payments to City, and to determine if Contractor has 1536 met the performance standards described in this Agreement (including, without limitation, direct services 1537 provided to Customers as described in Exhibit B, public education and outreach required in Exhibit C, 1538 recordkeeping and reporting as required in Exhibit D, and performance standards established in Exhibit 1539 353
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F). 1540
City may choose to enlist professional service providers to perform such review and audit, and Contractor 1541 shall be required to pay City’s actual costs for such services up to ninety thousand dollars ($90,000) per 1542 review (such amount shall be adjusted annually by the annual percentage change in CPI -U, calculated in 1543 accordance with Exhibit E). Contractor may not influence or control City’s selection of professional service 1544 providers nor the specific review items covered by the review . Contractor shall cooperate with City and 1545 its agents during the review and audit process. If any noncompliance with the Agreement is found, City 1546 may direct Contractor to correct the inadequacies in accordance with Article 10 of this Agreement. 1547 At City’s sole option, with at least thirty ( 30) calendar days written notification to Contractor, it may 1548 conduct a public hearing at which Contractor shall be present and shall participate, to review Contractor's 1549 performance, quality of service , and evaluation of technological and regulatory changes. The reports 1550 required by Exhibit D to this Agreement regarding Customer Complaints may be utilized as a basis for 1551 review as well as any findings from performance review and/or audits. Performance and service quality 1552 review hearings may be scheduled by City at its discretion throughout the Term of the Agreement. 1553 In addition to the other requirements of this Agreement, t he Parties shall be subject to the examination 1554 and audit of the State Auditor for a period of three (3) years after final payment under the Agreement, 1555 per Government Code section 8546.7. 1556
ARTICLE 7. 1557
CITY FEES 1558

7.1 REVENUE SHARING 1559
Contractor agrees to share revenue generated through marketing Recyclable Materials and Organic 1560 Materials Collected under this Agreement as described below: For Rate Year 1, Contractor shall provide a 1561 rebate to City in the amount of $17.01 per Ton on Single-Family Recyclable Materials Collected under this 1562 Agreement. Contractor shall also provide a rebate to City in the amount of $ 17.01 per Ton on all Multi -1563 Family and Commercial Recyclable Materials Collected as part of this Agreement. During the process of 1564 establishing Rates for Rate Period 2 and each successive Rate Period thereafter, the rebates to City noted 1565 above shall be adjusted, up or down, to reflect eighteen percent (18%) of the monthly average for the 1566 most recent March through February average values for Low Side of the Official Board Market (OBM) Los 1567 Angeles Index for “Mixed Paper-MP” as published by Recyclingmarkets.net. 1568

7.2 AB939/SB 1383 FEE 1569
The Contractor shall pay an AB 939/SB 1383 fee to City each month. The amount of the AB 939/SB 1383 1570 fee shall be 5% of gross receipts of commercial accounts and shall be paid in monthly installments. City 1571 shall use the AB 939/SB 1383 fee to refund expenses including but not limited to, staffing costs related to 1572 City programs, pilot studies, education and outreach campaigns, technical assistance to Customers, 1573 reporting, compliance, capacity planning, provision of special containers, or other activities involved in 1574 compliance with AB 939 and/or SB 1383. 1575

7.3 PAYMENT SCHEDULE AND LATE FEES 1576
Within twenty (20) calendar days of the end of each calendar quarter, during the Term of this Agreement, 1577 354
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Contractor shall remit to City all reimbursements as described in this Article. Such reimbursements shall 1578 be remitted to City and sent or delivered to City Contract Manager. If such remittance is not paid to City 1579 on or before the twentieth (20th) calendar day following the end of a calendar quarter, all reimbursements 1580 due shall be subject to a delinquency penalty of one and one-half percent (1.5%), which attaches on the 1581 first day of delinquency . Delinquent reimbursements may be withheld from City’s compensation to 1582 Contractor. 1583
Each quarterly remittance to City shall be accompanied by a statement listing the amount of the revenue 1584 share and calculation of the reimbursement. 1585
City Contract Manager may, at any time during the Term, perform an audit of Contractor’s billings and 1586 payment of fees. Contractor shall cooperate with City Contract Manager in any such audit. Should City or 1587 its agent perform this review identify billing errors or other errors in payment of reimbursements valued 1588 at one percent (1%) or more of Gross Receipts for the period reviewed , Contractor shall, in addition to 1589 compensating City for lost fees, reimburse City’s actual cost of the review. 1590 ARTICLE 8. 1591
CONTRACTOR’S COMPENSATION AND RATE 1592
SETTING 1593

8.1 GENERAL 1594
Contractor’s compensation provided for in this Article shall be the full, entire and complete compensation 1595 due to Contractor pursuant to this Agreement for all labor, equipment, materials and supplies, Transfer 1596 and Processing Fees, taxes, insurance, bonds, overhead, profit and all other things necessary to perform 1597 all the services required by this Agreement in the manner and at the times prescribed. 1598 City shall compensate Contractor monthly in arrears for the Collection of Single-Family and Multi-Family 1599 Recyclable Materials and Organic Materials as specified herein in an amount based on the then -current 1600 number of monthly active units (as per City’s Utility System Report, which shall be provided each month 1601 by City’s Finance Department) multiplied by the Rate per unit then in effect (e.g., 27,000 Single-Family 1602 units x $3.40 = $91,800), where a “unit” is equivalent to each Cart being used to provide individualized 1603 Collection service or each Dwelling Unit of a Multi-Family complex receiving shared Collection service. 1604 Contractor shall bill Commercial Customers directly for Recyclable Materials and Organic Materials 1605 Collection services. Contractor shall charge Commercial Customers Rates that shall not exceed sixty 1606 percent (60%) or other Rate as proposed by selected proposer of the Rate charged by City for similar Solid 1607 Waste Collection service. Contractor shall provide to City annually, or as prices are changed, a list of the 1608 current Commercial Recyclable Materials and Organic Materials Collection Rates charged by Contractor. 1609 Contractor shall have the right to retain all receipts generated through such Commercial billing activities, 1610 subject to Section 7.1. 1611
1612

8.2 RATES AND ANNUAL ADJUSTMENTS 1613
A. General. The City Contract Manager shall be responsible for approving Rates as described in this 1614 Article. If at any time during the Term of the Agreement, the Contractor proposes the need for a 1615 355
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Rate that does not appear on the City-approved Rate schedule in Exhibit G3, Contractor shall 1616 immediately notify City Contract Manager and request establishment of such Rate . Approval of 1617 Rates described in this Section 8.2 may be made by the City Contract Manager. 1618 B. Rates for Rate Period One. Rates for Rate Period One , which are presented in Exhibit G3, were 1619 proposed by Contractor and agreed to by City and were approved along with the Agreement. The 1620 Rates for Rate Period One shall be effective from August 1, 2025 through July 31, 2026. Rates shall 1621 be adjusted for any City approved change in Disposal Cost that are effective August 1, 2025 in 1622 accordance with this Section 8.2. 1623
C. Rates for Subsequent Rate Periods. Rates for subsequent Rate Periods shall be adjusted annually 1624 in accordance with this Section 8.2. 1625
For Rate Periods Two through Ten, Contractor’s per-unit compensation shall be calculated by 1626 multiplying the prior year's per -unit compensation by one ( 1) plus the change in the average 1627 “Consumer Price Index” (U.S. City Average, All Urban Consumers; 1982 -84 = 100, West Region – 1628 Size Class B/C)" (or some other mutually agreed-upon index if phased-out) for the twelve months 1629 ended the March prior to the Rate change over the average index for the twelve months ended 1630 the prior March, or four percent (4%) whichever is less. Per -unit compensation shall be rounded 1631 to the nearest cent. 1632

Adjusted “Residential Recyclable
Materials with Individual
Service” Monthly Rate (RRMIS)
=

Prior Year’s RRMIS Monthly Rate x (1 + (((Average CPI
April through March of the Current Year - Average CPI
April through March of the Previous Year)/ Average CPI
March to March of the Previous Year)) – Capped at 4%
For example, 1633
Prior Year’s RRMIS Monthly Rate = $3.40 1634
Current Year’s Average April-to-March CPI = 180.2 1635
Prior Year’s Average April-to-March CPI = 172.8 1636
Adjusted RRMIS Monthly Rate = $3.40x (1+ ((180.2 - 172.8) / 172.8)) = $3.55 1637 D. Rate Structure. City may, at any time during the Term of this Agreement and in its sole discretion, 1638 change the relationship of individual Rates in comparison with other Rates. Any such changes 1639 would occur in conjunction with the annual Rate adjustment process described in this Section or 1640 in conjunction with a Rate adjustment resulting from a n extraordinary Rate adjustment in 1641 accordance with Section 8.3 . Changes to the Rates charged under the new structure shall be 1642 calculated in such a way that the revised Rate structure generates at least the same amount of 1643 total revenue when the current number of accounts at each Service Level are multiplied by the 1644 Rates charged for each Service Level and the total for all Service Levels are summed; provided, if 1645 after a 24 month period from the Effective Date of the new Rate structure Contractor can show a 1646 revenue loss has occurred that interferes with Contractor achieving its allowable profit as 1647 identified in Exhibit G, Contractor ’s Proposal , Contractor shall be entitled to a prospective 1648 356
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extraordinary Rate adjustment to compensate Contractor for such revenue loss. 1649 E. Compensation. City shall compensate Contractor monthly in arrears for the Collection of 1650 Recyclable Materials and Organic Materials from Residential Customers as specified herein. 1651 The current compensation rate for Recyclable Materials services paid to Contractor is $RATE per 1652 Cart per month for Residential Customers receiving individual Cart Collection services (i.e., one 1653 Cart per Dwelling Unit). 1654
The current compensation rate for Recyclable Materials services paid to Contractor is $RATE per 1655 Dwelling Unit per month for Multi -Family Customers receiving centralized Bin or Cart Collection 1656 services (i.e., in the event that a twelve -unit apartment complex has centralized Bin or Cart 1657 Collection, City pays Contractor $1.80 x 12 = $21.60 per month). 1658 The current compensation rate for Organic Materials services paid to Contractor is $RATE per Cart 1659 per month for Residential Customers receiving individual Cart Collection services (i.e., one Cart 1660 per Dwelling Unit). 1661
The current compensation rate for Organic Materials services paid to Contractor is $RATE per 1662 Dwelling Unit per month for Multi -Family Customers receiving centralized Bin or Cart Collection 1663 services (i.e., in the event that a twelve -unit apartment complex has centralized Bin or Cart 1664 Collection, City pays Contractor $1.80 x 12 = $21.60 per month). 1665

8.3 EXTRAORDINARY RATE ADJUSTMENTS 1666
A special Rate adjustment may be considered and approved by City no more than once every three (3) 1667 years, in its sole discretion, when it can be established that there is good cause based on a significant 1668 change in circumstances. Such adjustment shall be prospective in nature and no claim of reimbursement 1669 for costs shall be made for any period prior to the date of the request. Significantly changed circumstances 1670 may include City-directed changes in service, new governmental fees, charges or taxes, a Change in Law, 1671 permits or regulations or in the interpretation thereof, or other significant changes in costs not within the 1672 control of Contractor. If Contractor desires to seek a special Rate change for compensation effective the 1673 following August 1, Contractor shall submit to City Contract Manager a request for special Rate 1674 adjustment by January 1 of the same year . The request for special Rate adjustment shall include a 1675 thorough written explanation of the significantly changed circumstances, as well as an explanation of why 1676 these circumstances constitute good cause for making such an application and the amount of the Rate 1677 adjustment requested by Contractor, together with such other data and supporting documentation as 1678 may be required by City Contract Manager. 1679
If Contractor requests a special Rate adjustment, Contractor shall provide a statement of operations at 1680 the time the request for a special Rate adjustment has been submitted to City Contract Manager. The 1681 statement of operations shall include the specific revenues and expenses related to the operations 1682 provided for in this Agreement. Contractor shall also make available for review, by City or its agent, the 1683 supporting documentation (i.e., general ledger, allocation methodology, etc.) used to compile the 1684 statement of operations. The statement of operations and supporting documentation shall be prepared 1685 in accordance with Generally Accepted Accounting Principles (GAAP). If City, or its agent, determines the 1686 statement of operations and supporting documentation is not sufficient to determine the reasonableness 1687 of the requested special Rate adjustment, the City shall have the right to request a financial audit of the 1688 Contractor’s operations in accordance with Generally Accepted Auditing Standards (GAAS) by a certified 1689 357
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public accountant (CPA) licensed (in good standing) to practice public accounting in the State of California 1690 as determined by the State of California Department of Consumer Affairs Board of Accountancy. If City 1691 requests an audit, the City shall reimburse the Company fifty percent (50%) of the reasonable costs of the 1692 audit. 1693
City Contract Manager shall determine within forty-five (45) days of receipt of all reasonable requested 1694 documents and information whether to recommend to the City Council an adjustment in Rates. If the City 1695 Contract Manager recommends an adjustment in Rates, the proposed Rate adjustments will be scheduled 1696 before the City Council within ninety (90) days after City Contract Manager’s determination. The City 1697 Council shall consider Contractor’s request and such other materials and information reasonably 1698 requested by the City Contract Manager or City Council from Contractor to assess the merits of 1699 Contractor’s application. The City Council, in its sole and reasonable discretion, may adjust Contractor’s 1700 Rates to compensate Contractor for its reasonable net costs resulting from a significant change in 1701 circumstances. 1702
Contractor shall not be entitled to a special Rate adjustment more than once every three years and such 1703 adjustment shall not exceed six percent (6%). 1704
If City Contract Manager determines that good cause does not exist, Contractor shall have ten (10) days 1705 in which to file an appeal of the determination with the City Council. That appeal shall be placed on the 1706 City Council’s agenda as soon as practicable. 1707
The City Council’s decision regarding City Contract Manager’s recommendation or following an appeal 1708 shall be conclusive. 1709
1710
ARTICLE 9. 1711
INDEMNITY, INSURANCE, AND PERFORMANCE 1712
BOND 1713

9.1 INDEMNIFICATION 1714
A. General. Contractor shall indemnify, defend with counsel acceptable to City, and hold harmless 1715 (to the full extent permitted by law) City and its officers, officials, employees, volunteers, and 1716 agents from and against any and all claims, liability, loss, injuries, damage, expense, and costs 1717 (including without limitation costs and fees of litigation, including attorneys’ and expert witness 1718 fees) (collectively, “Damages”) of every nature arising out of or in connection with Contractor’s 1719 performance, and the performance of any Subcontractor, or agent of Contractor, under this 1720 Agreement, or its failure to comply with any of its obligations contained in the Agreement, except 1721 to the extent such loss or damage was caused by the negligence or willful misconduct of City. This 1722 Section 9.1 shall survive the expiration or termination of this Agreement and shall not be 1723 construed as a waiver of City’s legal and/or equitable rights as defined herein and permitted under 1724 Applicable Law. 1725
B. Excluded Waste. Contractor acknowledges that it is responsible for compliance during the entire 1726 Term of this Agreement with all Applicable Laws . Contractor shall not store, Transport, use, or 1727 Dispose of any Excluded Waste except in strict compliance with all Applicable Laws. 1728 358
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If Contractor negligently or willfully mishandles Excluded Waste in the course of carrying out its 1729 activities under this Agreement, Contractor shall at its sole expense promptly take all investigatory 1730 and/or remedial action reasonably required for the remediation of such environmental 1731 contamination. Prior to undertaking any investigatory or remedial action, however, Contractor 1732 shall first obtain City’s approval of any proposed investigatory or remedial action. Should 1733 Contractor fail at any time to promptly take such action, City may undertake such action at 1734 Contractor’s sole cost and expense, and Contractor shall reimburse City for all such expenses 1735 within thirty (30) calendar days of being billed for those expenses, and any amount not paid within 1736 that thirty (30) calendar day period shall thereafter be deemed delinquent and subject to the 1737 delinquent fee payment provision of Section 7.2. These obligations are in addition to any defense 1738 and indemnity obligations that Contractor may have under this Agreement. 1739 Notwithstanding the foregoing, Contractor’s duties under this subsection shall not extend to any 1740 claims arising from the Disposal of Solid Waste at the Designated Disposal Facility, including, but 1741 not limited to, claims arising under Comprehensive Environmental Response, Compensation and 1742 Liability Act ( CERCLA) unless such claim is a direct result of Contractor’s negligence or willful 1743 misconduct. 1744
C. Environmental Indemnity. Contractor shall defend with counsel acceptable to City , indemnify, 1745 and hold City harmless against and from any and all claims, suits, losses, penalties, damages, and 1746 liability for damages of every name, kind and description, including attorneys’ fees and costs 1747 incurred, attributable to the negligence or willful misconduct of Contractor in handling Excluded 1748 Waste. 1749
D. Electronic and Web based Information Indemnity. Contractor shall defend with counsel 1750 acceptable to City, indemnify, and hold City harmless against and from any and all -related claims, 1751 including but not limited to, suits, losses, penalties, damages, responsibility for costs, regulatory 1752 fines, penalties, credit monitoring expenses , and liability for damages of every name, kind and 1753 description, including attorneys’ fees and costs incurred, attributable to the negligence or willful 1754 misconduct of Contractor and any S ubcontractors used i n performance of this Agreement in 1755 handling or protecting Customer information over which Contractor has control, including but not 1756 limited to billing details, electronic payment(s), and Customer account information that is not 1757 readily available to the general public. Contractor shall maintain electronic files and Contractor’s 1758 website in accordance with the industry best practices for maintaining such information as safely 1759 and securely as possible. Nothing in this Section 9.1(D) shall prevent or restrict Contractor ’s 1760 obligation and responsibility to provide City with information required under this Agreement. 1761 E. Related to AB 939, AB 341, AB 1826, and SB 1383. Contractor’s duty to defend and indemnify 1762 herein includes all fines and/or penalties imposed by CalRecycle, if the requirements of Applicable 1763 Law, including but not limited to AB 939, AB 341, AB 1826, and/or SB 1383 are not met by the 1764 Contractor with respect to the Contractor’s obligations under this Agreement, and such failure is: 1765 (i) due to the failure of Contractor to meet its o bligations under this Agreement; or, (ii) due to 1766 Contractor delays in providing information that prevents Contractor or City from submitting 1767 reports to regulators in a timely manner. This indemnity is subject to the provisions of Public 1768 Resources Code § 40059.1. 1769
F. CalPERS Eligibility Indemnification. Contractor’s employees, agents, or Subcontractors providing 1770 service under this Agreement shall not: ( i) qualify for any compensation and benefit under 1771 359
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CalPERS; (ii) be entitled to any benefits under CalPERS; ( iii) enroll in CalPERS as an employee of 1772 City; (iv) receive any employer contributions paid by City for CalPERS benefits; or (v) be entitled 1773 to any other CalPERS -related benefit that would accrue to a City employee. Contractor’s 1774 employees, agents, or Subcontractors hereby waive any claims to benefits or compensation 1775 described in this Section 9.1. This Section 9.1 applies to Contractor notwithstanding any other 1776 agency, State or Federal policy, rule, regulation, law, or ordinance to the contrary. 1777 If Contractor’s employees, agents, or Subcontractors providing services under this Agreement 1778 claim, or are determined by a court of competent jurisdiction or the California Public Employees 1779 Retirement System (“CalPERS”) to be eligible for enrollment in CalPERS of the City, Contractor 1780 shall indemnify, defend, and hold harmless City for the payment of any employer and employee 1781 contributions for CalPERS benefits on behalf of the employee as well as for payment of any 1782 penalties and interest on such contributions which would otherwise be the responsibility of the 1783 City. 1784
Contractor’s Compensation under this Agreement shall be the full and complete compensation to 1785 which Contractor and Contractor’s officers, employees, agents, and Subcontractors are entitled 1786 for performance of any work under this Agreement. Neither Contractor nor Contractor’s officers, 1787 employees, agents, and Subcontractors are entitled to any salary or wages, or retirement, health, 1788 leave or other fringe benefits applicable to City employees. The City will not make any Federal or 1789 State tax withholdings on behalf of Contractor. The City shall not be required to pay any workers’ 1790 compensation insurance on behalf of Contractor. 1791
Contractor agrees to defend and indemnify City for any obligation, claim, suit, or demand for tax, 1792 retirement contribution including any contribution to CalPERS, social security, salary or wages, 1793 overtime payment, or workers’ compensation payment which City may be required to make on 1794 behalf of (1) Contractor, (2) any employee of Contractor, or (3) any employee of Contractor 1795 construed to be an employee of City, for work performed under this Agreement. 1796

9.2 INSURANCE 1797
A. General Requirements. Contractor shall, at its sole cost and expense, maintain in effect at all times 1798 during the Term of this Agreement not less than the following coverage and limits of insurance: 1799 B. Coverages and Requirements. During the Term of this Agreement, Contractor shall at all times 1800 maintain, at its expense, the following coverages and requirements . Failure to maintain the 1801 identified insurance requirements during the entire Term of this Agreement shall constitute an 1802 event of default subject to Section 10.1(C). The comprehensive general liability insurance shall 1803 include broad form property damage insurance. 1804

1. Minimum Coverages. Insurance coverage shall be with limits not less than the following: 1805 Comprehensive General Liability – $10,000,000 combined single limit per occurrence for 1806 bodily injury, personal injury, and property damage. 1807 Automobile Liability – $10,000,000 combined single limit per accident for bodily injury 1808 and property damage (include coverage for Hired and Non-owned vehicles). 1809 Workers’ Compensation – Statutory Limits/Employers’ Liability - $1,000,000/accident 1810 360
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for bodily injury or disease. 1811
Employee Blanket Fidelity Bond – $500,000 per employee loss covering dishonesty, 1812 forgery, alteration, theft, disappearance, and destruction (inside or outside). 1813 Pollution Liability – $10,000,000 per loss and annual aggregate applicable to bodily injury; 1814 property damage, including loss of use of damaged property or of property that has not 1815 been physically damaged or destroyed; clean-up costs, including first-party cleanup of the 1816 City’s property and third-party cleanup, and bodily injury costs if pollutants impact other 1817 properties; and defense, including costs, fees and expenses incurred in the investigation, 1818 defense, or resolution of claims. Coverage shall include completed operations and shall 1819 apply to sudden and non-sudden pollution conditions. Coverage shall apply to acts, errors 1820 or omissions arising out of, or in connection with, Contractor’s scope of work under this 1821 Agreement. Coverage shall also appl y to non -owned deposit sites (“NODS”) that shall 1822 protect against, for example, claims regarding bodily injury, property damage, and/or 1823 cleanup costs involving NODS. Coverage is preferred by City to be occurrence based. 1824 However, if provided on a claims -made basis, Contractor warrants that any retroactive 1825 date applicable to coverage under the policy precedes the Effective Date of this 1826 Agreement, and that continuous coverage shall be maintained, or an extended discovery 1827 period will be exercised through completion or termination of this Agreement for a 1828 minimum of five (5) years. This provision does not limit or alter any rights or remedies to 1829 City allowable under this Agreement and/or Applicable Law in perpetuity. 1830 Technology Professional Liability Errors and Omissions Insurance (Cyber Liability) 1831 appropriate to the Contractor’s profession and industry practice, with limits not less than 1832 $2,000,000 per occurrence. Coverage for cyber risks shall be sufficiently broad to respond 1833 to the duties and obligations as are undertaken by Contractor under this Agreement and 1834 shall include, but not be limited to claims involving infringement of intellectual property, 1835 including but not limited to infringement of copyright, trademark, trade dress, invasion 1836 of privacy violations, information theft, damage to or destruction of electronic 1837 information, release of private information, alteration of electronic information, 1838 extortion, and network security. The policy shall provide coverage for breach response 1839 notification and remediation costs , regulatory fines and penalties , credit monitoring 1840 expenses, electronic funds transfer losses, electronic data restoration expenses , and 1841 business interruption costs with limits sufficient to respond to these obligations , in the 1842 sole discretion of the City’s Risk Manager. 1843

2. Additional Insured. City, its officers, agents, employees, and volunteers shall be named as 1844 additional insured on all but the workers’ compensation and professional liability 1845 coverages. 1846

3. Said policies shall remain in force through the life of this Agreement and, with the 1847 exception of professional liability coverage, shall be payable on a “per occurrence” basis 1848 unless City’s Risk Manager specifically consents in writing to a “claims made” basis. For all 1849 “claims made” coverage, if Contractor changes insurance carriers Contractor shall 1850 purchase “tail” coverage or otherwise provide for continuous coverage covering the Term 1851 of this Agreement and not less than three (3) years thereafter, except for the five (5) year 1852 tail of Pollution Liability Coverage as described above. Proof of such “tail” or other 1853 361
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Clovis City CouncilFebruary 11, 2025

Clovis City Council
February 11, 2025