Agenda packet — Clovis City Council, February 18, 2025 (part 5 of 6)

AGENDA ITEM NO. 5.

Form 7
6 NA $0
96-gal Cart 1 NA $0
2 NA $0
3 NA $0
4 NA $0
5 NA $0
6 NA $0
Sunday NA $0
1 cubic yard Bin 1 $46.46 $58.08 108 $75,272
2 $92.93 $116.16 2 $2,788
3 $139.39 $174.24 5 $10,454
4 $185.86 $232.32 $0
5 $232.32 $290.40 $0
6 $278.78 $348.48 $0
Sunday $0

1.5 cubic yard Bin 1 $69.70 $87.13 3 $3,137
2 $139.39 $174.24 $0
3 $209.09 $261.36 $0
4 $278.78 $348.48 $0
5 $348.48 $435.60 $0
6 $418.18 $522.73 $0
Sunday $0
2 cubic yard Bin 1 $92.93 $116.16 16 $22,303
2 $185.86 $232.32 3 $8,364
3 $278.78 $348.48 1 $4,182
4 $371.71 $464.64 0 $0
5 $464.64 $580.80 2 $13,939
6 $557.57 $696.96 $0
Sunday $0
3 cubic yard Bin 1 $139.39 $174.24 2 $4,182
2 $278.78 $348.48 2 $8,364
3 $418.18 $522.72 $0
4 $557.57 $696.96 $0
5 $696.96 $871.20 $0
6 $836.35 $1,045.44 $0
Sunday $0
4 cubic yard Bin 1 $185.86 $232.32 1 $2,788
2 $371.71 $464.64 $0
3 $557.57 $696.96 $0
4 $743.42 $929.28 $0
5 $929.28 $1,161.60 $0
6 $1,115.14 $1,393.92 $0
Sunday $0
5 cubic yard Bin 1 $232.32 $290.40 $0
2 $464.64 $580.80 $0
3 $696.96 $871.20 $0
4 $929.28 $1,161.60 $0
5 $1,161.60 $1,452.00 $0
6 $1,393.92 $1,742.40 $0
Sunday $0
6 cubic yard Bin 1 $278.78 $348.48 $0
2 $557.57 $696.96 $0
3 $836.35 $1,045.44 $0
4 $1,115.14 $1,393.92 $0
5 $1,393.92 $1,742.40 $0
6 $1,672.70 $2,090.88 $0
Estimated Organics Bin Revenue for Rate Period One $458,287 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 $13.50 1 $162
1 cubic yard container Per-Occurrence
Rate $27.00 1 $324

1.5 cubic yard container Per-Occurrence
Rate $40.50 1 $486
2 cubic yard container Per-Occurrence
Rate $54.00 1 $648
3 cubic yard container Per-Occurrence
Rate $81.00 4 $3,888
4 cubic yard container Per-Occurrence
Rate $108.00 1 $1,296
5 cubic yard container Per-Occurrence
Rate $135.00 1 $1,620
6 cubic yard container Per-Occurrence
Rate $162.00 1 $1,944
Extra Bin Delivery 1-6 cubic yards Per-Occurrence
Rate $100.00 1 $1,200
Extra Cart Delivery 32-gal, 64-gal, 48-gal, 96-gal cart Per-Occurrence Rate $50.00 1 $600
Estimated Miscellaneous Service Revenue for Rate Period One $12,168 Organic Materials

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

Page 9 of 9 ends

AGENDA ITEM NO. 5.

SUPPLEMENTAL ATTACHMENT B
with revised rates and Commercial rate fixed at 60% of the City of Clovis trash rate.
947
AGENDA ITEM NO. 5.
948
AGENDA ITEM NO. 5.

City of Clovis Base Services
Proposer Name: German Hernandez
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) $8,240,794.18 2 Estimated Multi-Family/Commercial Revenue - Rate Period One (without bagged organics) $2,286,185.83 3 Estimated Miscellaneous Services Revenue for Rate Period One (without bagged organics) $12,168.00 Total Rate Revenue $10,539,148.01
4 Proposed Rate Period 1 Cost (without bagged organics) $10,539,147.38 5 Surplus/(Deficit)* $0.62
* Note: The proposed annual cost should be no more than $1,000 different from the Total Rate Revenue. 949
AGENDA ITEM NO. 5.

Form 1General Proposer Information City of Clovis Base Services Proposer Name: German Hernandez
A. Primary Contact Information
1 Name
German Hernandez
2 Title
General Manager
3 Phone
1-818-974-7796
4 Fax
5 E-mail
[email protected]
B. Support Facilities
1 Address of collection vehicle parking, maintenance,
washing, and route staff parking facility(ies)
5501 N. Golden State Blvd. Fresno, Ca 93722
2 Address of administrative office
5501 N. Golden State Blvd. Fresno, Ca 93722
3 Address of billing office
5501 N. Golden State Blvd. Fresno, Ca 93722
4 Address of customer service office
TBD
C. Recyclable Materials Processing and Handling
1 Name of processing site
BFI Newby Island Recyclery
2 SWIS ID
43-AN-0014
3 Hauling method (e.g. direct haul, transfer haul, pod
haul) Transfer Haul
4 Name and address of transfer location (if applicable) BFI Rice Road- TS 10463 North Rice Road Fresno, Ca 93730 D. Organic Materials Processing and Handling (co-mingled YW/FW) 1 Name of processing site
Kochergen Farms Composting
2 SWIS ID
16-AA-0022
3 Hauling method (e.g. direct haul, transfer haul, pod
haul) Transfer Haul
4 Name and address of transfer location (if applicable) BFI Rice Road- TS 10463 North Rice Road Fresno, Ca 93730 5 Bagged materials accepted at facility?
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) * Insert Rows as Needed to Reflect Additional Facility(ies) and/or Subcontractor Information.

Note to proposer: Input data in yellow shaded areas only.

Page 2 of 9 ends

950
AGENDA ITEM NO. 5.

Form 2Operating Statistics
Proposer Name: German Hernandez
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) 36,948 35,558 1,142 998 N/A Labor Information
2 # of regular route personnel 6.8 5.2 2.6 1.5 16.1
3 Labor hours/day/person 10.8 10.9 10.9 10.5
4 Total labor hours/year 19,130 14,764 8,842 4,933 47,668 Route Information
5 # of routes per week (including weekends) 6.80 5.20 2.60 1.50 16.1 6 # of persons per route (including weekends) 6.8 5.2 2.6 1.5 16.1 7 # of route hours/day/route (including weekends) 10.8 10.9 10.9 10.5 8 # of route hours per year per: 19,094 14,737 7,368 4,095 0 0 45,295 0 9 # of FTE routes 9.18 7.09 3.54 1.97 0.00 0.00 22 0.00 10 Total # of cart setouts per day for all routes 7,390 7,112 11 # of cart setouts/day/FTE route 805 1,004
12 # of cart setouts per week for all routes 36,948 35,558 13 # of lifts or pulls per week for all routes 1,821 1,045 14 # of lifts or pulls per year for all routes 94,692 54,340 0 0 0 15 # of lifts or pulls per route hour 12.85 13.27 0.00 0.00 0.00 Vehicle Information
16 # of regular collection vehicles 7.0 5.0 3.0 2.0 17.0 17 # of spare collection vehicles 0.0
18 Total # of collection vehicles 7.0 5.0 3.0 2.0 0.0 0.0 17.0 0.0 Tonnage Information (annual)
19 Recyclable Materials Collected 9,313 2,669 11,982.0
20 Organic Materials Collected 18,522 333 18,854.6
21 Materials Collected from Ancillary Services 0.0
22 Other Materials Collected (Specify) ______________ 0.0 23 Other Materials Collected (Specify) ______________ 0.0 24 Total Collected 9,313 18,522 2,669 333 0 0 30,836.6 0 25 Processing residue disposed 3,242 926 604 269 5,040.3 26 Net Diverted 6,071 17,596 2,065 64 0 0 25,796.3 0
Overall Diversion Rate 83.7%
Optional ServicesCart Service Bin Service Other
Description

Page 3 of 9 ends

951
AGENDA ITEM NO. 5.

Form 3
Proposed Labor Requirements
Proposer Name: German Hernandez
Note to proposer: Input data in yellow shaded areas only.

Route Personnel Headcount (include fraction of employee) Cart Recyclable Materials 6.8 1.5 8.3 $24.46 $13.91
Cart Organic Matrials 5.2 1.5 6.7 $24.46 $13.91
Bin Recyclable Materials 2.6 0.5 3.1 $24.46 $13.91
Bin Organic Materials 1.5 0.5 2.0 $24.46 $13.91
Scout Service 0.0
Ancillary Services 0.0
Commercial Container Cleaning/Exchange 0.3 0.3 $24.46 $13.91 Other (Specify) ______________________________ 0.0
Other (Specify) ______________________________ 0.0
Other (Specify) ______________________________ 0.0
Subtotal Route Personnel 16.4 4.0 20.4
Other Personnel Headcount (include fraction of employee) Notes Executive Management (CEO, CFO, COO, etc.)
General Manager 0.3 $49.70 $18.89
Operations Manager 0.3 $49.70 $18.89
Service Liaison
Municipal Relations Manager 0.3 $49.70 $18.89
Government Liaison
Route Supervisor 1.0 $49.70 $18.89
Dispatcher 0.7 $49.70 $18.89
Container Distribution
Container Maintenance/Welder
Maintenance Supervisor
Maintenance Personnel
Controller 0.3 $49.70 $18.89
Safety Specialist
Staff Accountant
Office Manager
Human Resources
Accounting Clerk
Billings Clerk 0.3 $25.77 $9.79
Accounts Receivable Clerk
Collection Clerk
Financial Analyst
Benefits Coordinator
Customer Service Supervisor
Customer Service Representatives 2.0 $25.77 $9.79
Sales Coordinator
Recycling Manager
Diversion Coordinator(s) (up to 1 FTE equivalent) 1.0 $49.70 $18.89 Other (specify): __________________ 1.0 $25.77 $9.79
Other (specify): __________________
Subtotal Other Personnel 7.2

27.6 Hauler Equivalent Position Title
Benefits
Cost/Hour
# of Regular
Personnel
# of
Casual/Pool Total Hourly Rate
Benefits
Cost/Hour
Hourly Rate
# of
Employees
General Manager
Operations Manager
Municipal Sales Manager
Operations Supervisr
Logistics Analyst
Business Unit Finance Manager
Billing and Cash Specialist
Customer Service Representatives
N/A
Total All Personnel
Sustainability Advisor
Compliance Advisor

Page 4 of 9 ends

AGENDA ITEM NO. 5.

Form 4
Summary of Proposed Costs
Proposer Name: German Hernandez
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 $729,532 $692,977 $334,144 $179,006 $1,935,659 $12,672 $54,938 Vehicle-Related Costs $722,255 $564,328 $257,218 $137,795 $1,681,596 Fuel Costs $351,397 $271,021 $95,923 $51,387 $769,729
Other Costs $77,749 $110,090 $71,005 $38,038 $296,881 $61,830 Direct Depreciation $125,792 $178,117 $147,503 $79,019 $530,432 Total Allocated Costs - G&A and Vehicle $274,477 $401,844 $157,879 $84,578 $918,779 Total Cost of Operations $2,281,203 $2,218,378 $1,063,671 $569,824 $0 $0 $6,133,075 $74,502 $54,938 Profit ($593,018) $1,185,172 $344,262 $194,390 $1,130,806 Pass-Through Costs
Recyclable Material Processing Costs $1,378,356 $575,345 $1,953,701 Organic Material Processing Costs (without bags) $888,480 ($159,304) $729,176 Other Processing Costs $0
Disposal Costs (Residue) $0
Interest Expense $42,500 $59,693 $23,290 $12,477 $137,959 Total Pass-Through Costs $1,420,856 $948,173 $598,635 ($146,828) $0 $0 $2,820,836 $0 $0 $3,109,041 $4,351,723 $2,006,567 $617,386 $0 $0 $10,084,717 $74,502 $54,938 Recyclable Material Revenue Sharing
Rebate Per Ton (1) $16.11 $16.11
Estimated Tonnage to be Collected 6,519.25 1,868.13 $135,121 AB 939/SB 1383 Fee
5% of Gross Commercial Receipts $114,309 FF and CS will be calculated once alt Public Education and Outreach
Minimum $200,000 Annually $205,000
Total Proposed Costs (organics without bags) - - - - - - - - - - - - - - - $10,539,147 $74,502 $54,938 Additional Organic Material Processing Costs
(with bags, if applicable) $0
Total Proposed Costs (organics with bags) (2) $10,539,147 (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

Page 5 of 9 ends

AGENDA ITEM NO. 5.

Form 5
Capital Requirements City of Clovis Base Services
Proposer Name: German Hernandez
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 0 6 6 6 0 6 $712,450 118,741.72$ Residential Cart Organic Materials 0 5 1 6 5 1 6 $712,450 118,741.72$ Commercial Cart Recyclable Materials 1 1 1 1 2 0 2 $1,023,733 511,866.49$ Commercial Cart Organic Materials (Comingled YW/GW) 1 1 1 1 2 0 2 $1,023,733 511,866.49$ Commercial Bin Recyclable Materials 1 1 2 2 3 0 3 $858,074 286,024.76$ Commercial Bin Organic Materials (Comingled YW/GW) 1 1 1 1 2 0 2 $1,020,924 510,461.90$ Roll-Off 0 0 0 0 0 N/A
Subtotal 4 0 4 16 1 17 20 1 21 $5,351,365
Other Vehicles
Pickup Trucks 0 0 0 0 0 N/A
Container Distribution 0.2 0.2 0 0.2 0 0.2 $16,391 81,954.35$ 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 0.2 0 0.2 0 0 0 0.2 0 0.2 $16,391
Total Vehicle Cost $5,367,756
Containers
Carts
Recyclable Materials 96-gallon
(Commercial Customers and Residential Replacements)(1) 866 866 0 866 0 866 $50,482 58.29$ Organic Materials 96-gallon
(Commercial Customers and Residential Replacements)(1) 0 0 0 0 0 N/A Organic Materials Reduced Volume _________ gallons
(Commercial Customers)(1) 0 0 0 0 0 N/A
Organic Materials Reduced Volume _________ gallons
(Commercial Customers)(1) 1175 1175 0 1175 0 1175 $64,810 55.16$ Subtotal 2041 0 2041 0 0 0 2041 0 2041 $115,292
Bins
1 cubic yard 103 103 172 172 275 0 275 $116,665 424.24$

1.5 cubic yards 11 11 19 19 30 0 30 $13,612 453.72$
2 cubic yards 91 91 152 152 243 0 243 $117,421 483.21$
3 cubic yards 139 139 232 232 371 0 371 $202,648 546.22$ 4 cubic yards 108 108 180 180 288 0 288 $181,824 631.33$ 5 cubic yards 0 0 0 0 0 0 0 $0 N/A
6 cubic yards 8 8 13 13 21 0 21 $16,312 776.77$
Subtotal 460 0 460 768 0 768 1228 0 1228 $648,481
Other
Multi-Family Kitchen Caddies 0 0 0 0 0 N/A
Other (specify): __________________ 0 0 0 0 0 N/A
Subtotal 0 0 0 0 0 0 0 0 0 $0
Total Container Cost (excluding kitchane caddies) $763,773 Other Description
Offices N/A
Processing Site(s) N/A
Transfer Station $962,705 N/A
Corporation Yard/Maintenance $8,168,851 N/A
Container Storage Yard N/A
Shop Equipment $456,758 N/A
Fueling Equipment N/A
Computer and Office Equipment $141,758 N/A
Other (specify): __________________ N/A
Other (specify): __________________ N/A
Total Other Cost $9,730,072
Total Capital Cost $15,861,600
Quantity Total Capital
Cost Over
Contract Term (in
2024 dollars) Average Price
New Used Total
Rice Road Transfer Station
5501 Golden Sate Blvd Fresno, Ca 93722
Shop Equiptment
(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.

Office Equiptment

Page 6 of 9 ends

954
AGENDA ITEM NO. 5.

Form 6
Rate Proposal for Residential Curbside Cart Service Customers City of Clovis Base Services P
roposer Name: German Hernandez
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
Ins
tances per
Month
Estimated Rate
Period One
Revenues
Recyclable Materials (96-gal Cart) 1 pick-up/week $4.03 $7.10 36,500 $3,109,800 Organic Materials (96-gal Cart) 1 pick-up/week $5.62 $9.90 35,200 $4,181,760 Recyclable Materials Reduced Volume 48 gallons 1 pick-up/week NA $0 Organic Materials Reduced Volume 48 gallons 1 pick-up/week NA $0 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 $7,291,560 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
Ins
tances per
Month
Estimated Rate
Period One
Revenues
Recyclable Materials 1 pick-up/week $2.11 $3.72 6,754 $301,499 Organic Materials 1 pick-up/week $5.67 $9.99 5,403 $647,736 Estimated Multi-Family Bin Service Revenue for Rate Period One $949,234 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

Page 7 of 9 ends

AGENDA ITEM NO. 5.

Form 7
Rate Proposal for Commercial Solid Waste Cart & Bin Services City of Clovis Base Services Proposer Name: German Hernandez
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 $23.21 666 $185,478
2 NA $0
3 NA $0
4 NA $0
5 NA $0
6 NA $0
Sunday NA $0
1 cubic yard Bin 1 $77.44 $38.72 $46.46 53 $29,551
2 $154.88 $77.44 $92.93 4 $4,461
3 $232.32 $116.16 $139.39 0 $0
4 $309.76 $154.88 $185.86 $0
5 $387.20 $193.60 $232.32 $0
6 $464.64 $232.32 $278.78 $0
Sunday $0

1.5 cubic yard Bin 1 $106.52 $53.26 $63.91 12 $9,203
2 $213.04 $106.52 $127.82 3 $4,602
3 $319.56 $159.78 $191.74 1 $2,301
4 $426.08 $213.04 $255.65 $0
5 $532.60 $266.30 $319.56 $0
6 $639.12 $319.56 $383.47 $0
Sunday $0
2 cubic yard Bin 1 $135.60 $67.80 $81.36 96 $93,727
2 $271.20 $135.60 $162.72 22 $42,958
3 $406.80 $203.40 $244.08 11 $32,219
4 $542.40 $271.20 $325.44 1 $3,905
5 $678.00 $339.00 $406.80 $0
6 $813.60 $406.80 $488.16 $0
Sunday $0
3 cubic yard Bin 1 $201.23 $100.62 $120.74 90 $130,397
2 $402.46 $201.23 $241.48 78 $226,022
3 $603.69 $301.85 $362.21 31 $134,744
4 $804.92 $402.46 $482.95 22 $127,499
5 $1,006.15 $503.08 $603.69 4 $28,977
6 $1,207.38 $603.69 $724.43 3 $26,079
Sunday $0
4 cubic yard Bin 1 $266.85 $133.43 $160.11 65 $124,886
2 $533.70 $266.85 $320.22 55 $211,345
3 $800.55 $400.28 $480.33 31 $178,683
4 $1,067.40 $533.70 $640.44 9 $69,168
5 $1,334.25 $667.13 $800.55 4 $38,426
6 $1,601.10 $800.55 $960.66 15 $172,919
Sunday $0
5 cubic yard Bin 1 $332.47 $166.24 $199.48 0 $0
2 $664.94 $332.47 $398.96 0 $0
3 $997.41 $498.71 $598.45 0 $0
4 $1,329.88 $664.94 $797.93 0 $0
5 $1,662.35 $831.18 $997.41 0 $0
6 $1,994.82 $997.41 $1,196.89 0 $0
Sunday $0
6 cubic yard Bin 1 $398.09 $199.05 $238.85 10 $28,662
2 $796.18 $398.09 $477.71 2 $11,465
3 $1,194.27 $597.14 $716.56 1 $8,599
4 $1,592.36 $796.18 $955.42 $0
5 $1,990.45 $995.23 $1,194.27 $0
6 $2,388.54 $1,194.27 $1,433.12 $0
Estimated Recycling Bin Revenue for Rate Period One $1,926,275 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 $23.21 869 $242,013
2 NA $0
3 NA $0
4 NA $0
5 NA $0
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
Rate Period One
August 1, 2025 through July 31, 2026
Organic Materials
(Optional Reduced Volume)

Page 8 of 9 ends

AGENDA ITEM NO. 5.

Form 7
6 NA $0
96-gal Cart 1 NA $0
2 NA $0
3 NA $0
4 NA $0
5 NA $0
6 NA $0
Sunday NA $0
1 cubic yard Bin 1 $77.44 $46.46 $46.46 108 $60,217
2 $154.88 $92.93 $92.93 2 $2,230
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 16 $15,621
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 $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 1 $1,921
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 $199.48 $0
2 $664.94 $398.96 $398.96 $0
3 $997.41 $598.45 $598.45 $0
4 $1,329.88 $797.93 $797.93 $0
5 $1,662.35 $997.41 $997.41 $0
6 $1,994.82 $1,196.89 $1,196.89 $0
Sunday $0
6 cubic yard Bin 1 $398.09 $238.85 $238.85 $0
2 $796.18 $477.71 $477.71 $0
3 $1,194.27 $716.56 $716.56 $0
4 $1,592.36 $955.42 $955.42 $0
5 $1,990.45 $1,194.27 $1,194.27 $0
6 $2,388.54 $1,433.12 $1,433.12 $0
Estimated Organics Bin Revenue for Rate Period One $359,911 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 $13.50 1 $162
1 cubic yard container Per-Occurrence
Rate $27.00 1 $324

Page 9 of 9 ends

AGENDA ITEM NO. 5.

SUPPLEMENTAL ATTACHMENT B
with revised rates and Commercial rate fixed at 75% of the City of Clovis trash rate.
958
AGENDA ITEM NO. 5.

City of Clovis Base Services
Proposer Name: German Hernandez
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) $7,696,670.45 2 Estimated Multi-Family/Commercial Revenue - Rate Period One (without bagged organics) $2,857,732.29 3 Estimated Miscellaneous Services Revenue for Rate Period One (without bagged organics) $12,168.00 Total Rate Revenue $10,566,570.74
4 Proposed Rate Period 1 Cost (without bagged organics) $10,566,570.71 5 Surplus/(Deficit)* $0.03
* Note: The proposed annual cost should be no more than $1,000 different from the Total Rate Revenue. 959
AGENDA ITEM NO. 5.

Note to proposer: Input data in yellow shaded areas only.

Page 2 of 9 ends

960
AGENDA ITEM NO. 5.

Form 2Operating Statistics
Proposer Name: German Hernandez
Note to proposer: Input data in yellow shaded areas only.

Page 3 of 9 ends

961
AGENDA ITEM NO. 5.

Form 3
Proposed Labor Requirements
Proposer Name: German Hernandez
Note to proposer: Input data in yellow shaded areas only.

27.6 N/A
Total All Personnel
Sustainability Advisor
Compliance Advisor
Billing and Cash Specialist
Customer Service Representatives
General Manager
Operations Manager
Municipal Sales Manager
Operations Supervisr
Logistics Analyst
Business Unit Finance Manager
Hauler Equivalent Position Title
Benefits
Cost/Hour
# of Regular
Personnel
# of
Casual/Pool Total Hourly Rate
Benefits
Cost/Hour
Hourly Rate
# of
Employees

Page 4 of 9 ends

AGENDA ITEM NO. 5.

Form 4
Summary of Proposed Costs
Proposer Name: German Hernandez
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 $729,532 $692,977 $334,144 $179,006 $1,935,659 $12,672 $54,938 Vehicle-Related Costs $722,255 $564,328 $257,218 $137,795 $1,681,596 Fuel Costs $351,397 $271,021 $95,923 $51,387 $769,729
Other Costs $77,749 $110,090 $71,005 $38,038 $296,881 $61,830 Direct Depreciation $125,792 $178,117 $147,503 $79,019 $530,432 Total Allocated Costs - G&A and Vehicle $274,477 $401,844 $157,879 $84,578 $918,779 Total Cost of Operations $2,281,203 $2,218,378 $1,063,671 $569,824 $0 $0 $6,133,075 $74,502 $54,938 Profit ($594,172) $1,185,172 $344,262 $194,390 $1,129,652 Pass-Through Costs
Recyclable Material Processing Costs $1,378,356 $575,345 $1,953,701 Organic Material Processing Costs (without bags) $888,480 ($159,304) $729,176 Other Processing Costs $0
Disposal Costs (Residue) $0
Interest Expense $42,500 $59,693 $23,290 $12,477 $137,959 Total Pass-Through Costs $1,420,856 $948,173 $598,635 ($146,828) $0 $0 $2,820,836 $0 $0 $3,107,887 $4,351,723 $2,006,567 $617,386 $0 $0 $10,083,563 $74,502 $54,938 Recyclable Material Revenue Sharing
Rebate Per Ton (1) $16.11 $16.11
Estimated Tonnage to be Collected 6,519.25 1,868.13 $135,121 AB 939/SB 1383 Fee
5% of Gross Commercial Receipts $142,887 FF and CS will be calculated once alt Public Education and Outreach
Minimum $200,000 Annually $205,000
Total Proposed Costs (organics without bags) - - - - - - - - - - - - - - - $10,566,571 $74,502 $54,938 Additional Organic Material Processing Costs
(with bags, if applicable) $0
Total Proposed Costs (organics with bags) (2) $10,566,571 (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

Page 5 of 9 ends

AGENDA ITEM NO. 5.

Form 5
Capital Requirements City of Clovis Base Services
Proposer Name: German Hernandez
Note to proposer: Input data in yellow shaded areas only.

1.5 cubic yards 11 11 19 19 30 0 30 $13,612 453.72$
2 cubic yards 91 91 152 152 243 0 243 $117,421 483.21$
3 cubic yards 139 139 232 232 371 0 371 $202,648 546.22$ 4 cubic yards 108 108 180 180 288 0 288 $181,824 631.33$ 5 cubic yards 0 0 0 0 0 0 0 $0 N/A
6 cubic yards 8 8 13 13 21 0 21 $16,312 776.77$
Subtotal 460 0 460 768 0 768 1228 0 1228 $648,481
Other
Multi-Family Kitchen Caddies 0 0 0 0 0 N/A
Other (specify): __________________ 0 0 0 0 0 N/A
Subtotal 0 0 0 0 0 0 0 0 0 $0
Total Container Cost (excluding kitchane caddies) $763,773 Other Description
Offices N/A
Processing Site(s) N/A
Transfer Station $962,705 N/A
Corporation Yard/Maintenance $8,168,851 N/A
Container Storage Yard N/A
Shop Equipment $456,758 N/A
Fueling Equipment N/A
Computer and Office Equipment $141,758 N/A
Other (specify): __________________ N/A
Other (specify): __________________ N/A
Total Other Cost $9,730,072
Total Capital Cost $15,861,600
Shop Equiptment
(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.

Office Equiptment
Rice Road Transfer Station
5501 Golden Sate Blvd Fresno, Ca 93722
Quantity Total Capital
Cost Over
Contract Term (in
2024 dollars) Average Price
New Used Total

Page 6 of 9 ends

964
AGENDA ITEM NO. 5.

Form 6
Rate Proposal for Residential Curbside Cart Service Customers City of Clovis Base Services P
roposer Name: German Hernandez
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
Ins
tances per
Month
Estimated Rate
Period One
Revenues
Recyclable Materials (96-gal Cart) 1 pick-up/week $4.03 $6.63 36,500 $2,903,940 Organic Materials (96-gal Cart) 1 pick-up/week $5.62 $9.25 35,200 $3,907,200 Recyclable Materials Reduced Volume 48 gallons 1 pick-up/week NA $0 Organic Materials Reduced Volume 48 gallons 1 pick-up/week NA $0 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 $6,811,140 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
Ins
tances per
Month
Estimated Rate
Period One
Revenues
Recyclable Materials 1 pick-up/week $2.11 $3.47 6,754 $281,237 Organic Materials 1 pick-up/week $5.67 $9.32 5,403 $604,294 Estimated Multi-Family Bin Service Revenue for Rate Period One $885,530 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

Page 7 of 9 ends

AGENDA ITEM NO. 5.

Form 7
Rate Proposal for Commercial Solid Waste Cart & Bin Services City of Clovis Base Services Proposer Name: German Hernandez
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 $29.01 666 $231,848
2 NA $0
3 NA $0
4 NA $0
5 NA $0
6 NA $0
Sunday NA $0
1 cubic yard Bin 1 $77.44 $38.72 $58.08 53 $36,939
2 $154.88 $77.44 $116.16 4 $5,576
3 $232.32 $116.16 $174.24 0 $0
4 $309.76 $154.88 $232.32 $0
5 $387.20 $193.60 $290.40 $0
6 $464.64 $232.32 $348.48 $0
Sunday $0

1.5 cubic yard Bin 1 $106.52 $53.26 $79.89 12 $11,504
2 $213.04 $106.52 $159.78 3 $5,752
3 $319.56 $159.78 $239.67 1 $2,876
4 $426.08 $213.04 $319.56 $0
5 $532.60 $266.30 $399.45 $0
6 $639.12 $319.56 $479.34 $0
Sunday $0
2 cubic yard Bin 1 $135.60 $67.80 $101.70 96 $117,158
2 $271.20 $135.60 $203.40 22 $53,698
3 $406.80 $203.40 $305.10 11 $40,273
4 $542.40 $271.20 $406.80 1 $4,882
5 $678.00 $339.00 $508.50 $0
6 $813.60 $406.80 $610.20 $0
Sunday $0
3 cubic yard Bin 1 $201.23 $100.62 $150.92 90 $162,996
2 $402.46 $201.23 $301.85 78 $282,527
3 $603.69 $301.85 $452.77 31 $168,430
4 $804.92 $402.46 $603.69 22 $159,374
5 $1,006.15 $503.08 $754.61 4 $36,221
6 $1,207.38 $603.69 $905.54 3 $32,599
Sunday $0
4 cubic yard Bin 1 $266.85 $133.43 $200.14 65 $156,107
2 $533.70 $266.85 $400.28 55 $264,182
3 $800.55 $400.28 $600.41 31 $223,353
4 $1,067.40 $533.70 $800.55 9 $86,459
5 $1,334.25 $667.13 $1,000.69 4 $48,033
6 $1,601.10 $800.55 $1,200.83 15 $216,149
Sunday $0
5 cubic yard Bin 1 $332.47 $166.24 $249.35 0 $0
2 $664.94 $332.47 $498.71 0 $0
3 $997.41 $498.71 $748.06 0 $0
4 $1,329.88 $664.94 $997.41 0 $0
5 $1,662.35 $831.18 $1,246.76 0 $0
6 $1,994.82 $997.41 $1,496.12 0 $0
Sunday $0
6 cubic yard Bin 1 $398.09 $199.05 $298.57 10 $35,828
2 $796.18 $398.09 $597.14 2 $14,331
3 $1,194.27 $597.14 $895.70 1 $10,748
4 $1,592.36 $796.18 $1,194.27 $0
5 $1,990.45 $995.23 $1,492.84 $0
6 $2,388.54 $1,194.27 $1,791.41 $0
Estimated Recycling Bin Revenue for Rate Period One $2,407,844 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 $29.01 869 $302,516
2 NA $0
3 NA $0
4 NA $0
5 NA $0
Rate Period One
August 1, 2025 through July 31, 2026
Organic Materials
(Optional Reduced Volume)
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
Recyclable Materials
Recyclable Materials
Recyclable Materials
Recyclable Materials
Recyclable Materials
Recyclable Materials

Page 8 of 9 ends

AGENDA ITEM NO. 5.

Form 7
6 NA $0
96-gal Cart 1 NA $0
2 NA $0
3 NA $0
4 NA $0
5 NA $0
6 NA $0
Sunday NA $0
1 cubic yard Bin 1 $77.44 $46.46 $58.08 108 $75,272
2 $154.88 $92.93 $116.16 2 $2,788
3 $232.32 $139.39 $174.24 5 $10,454
4 $309.76 $185.86 $232.32 $0
5 $387.20 $232.32 $290.40 $0
6 $464.64 $278.78 $348.48 $0
Sunday $0

1.5 cubic yard Bin 1 $106.52 $63.91 $79.89 3 $2,876
2 $213.04 $127.82 $159.78 $0
3 $319.56 $191.74 $239.67 $0
4 $426.08 $255.65 $319.56 $0
5 $532.60 $319.56 $399.45 $0
6 $639.12 $383.47 $479.34 $0
Sunday $0
2 cubic yard Bin 1 $135.60 $81.36 $101.70 16 $19,526
2 $271.20 $162.72 $203.40 3 $7,322
3 $406.80 $244.08 $305.10 1 $3,661
4 $542.40 $325.44 $406.80 0 $0
5 $678.00 $406.80 $508.50 2 $12,204
6 $813.60 $488.16 $610.20 $0
Sunday $0
3 cubic yard Bin 1 $201.23 $120.74 $150.92 2 $3,622
2 $402.46 $241.48 $301.85 2 $7,244
3 $603.69 $362.21 $452.77 $0
4 $804.92 $482.95 $603.69 $0
5 $1,006.15 $603.69 $754.61 $0
6 $1,207.38 $724.43 $905.54 $0
Sunday $0
4 cubic yard Bin 1 $266.85 $160.11 $200.14 1 $2,402
2 $533.70 $320.22 $400.28 $0
3 $800.55 $480.33 $600.41 $0
4 $1,067.40 $640.44 $800.55 $0
5 $1,334.25 $800.55 $1,000.69 $0
6 $1,601.10 $960.66 $1,200.83 $0
Sunday $0
5 cubic yard Bin 1 $332.47 $199.48 $249.35 $0
2 $664.94 $398.96 $498.71 $0
3 $997.41 $598.45 $748.06 $0
4 $1,329.88 $797.93 $997.41 $0
5 $1,662.35 $997.41 $1,246.76 $0
6 $1,994.82 $1,196.89 $1,496.12 $0
Sunday $0
6 cubic yard Bin 1 $398.09 $238.85 $298.57 $0
2 $796.18 $477.71 $597.14 $0
3 $1,194.27 $716.56 $895.70 $0
4 $1,592.36 $955.42 $1,194.27 $0
5 $1,990.45 $1,194.27 $1,492.84 $0
6 $2,388.54 $1,433.12 $1,791.41 $0
Estimated Organics Bin Revenue for Rate Period One $449,888 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 $13.50 1 $162
1 cubic yard container Per-Occurrence
Rate $27.00 1 $324

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

Page 9 of 9 ends

AGENDA ITEM NO. 5.

EXHIBIT 31.1
CERTIFICATION PURSUANT TO RULES 13a-14(a) AND 15d-14(a), AS ADOPTED PURSUANT TO SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002 I, Jon Vander Ark, certify that:

1. I have reviewed this quarterly report on Form 10-Q of Republic Services, Inc.;

2. Based on my knowledge, this report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this report;

3. Based on my knowledge, the financial statements, and other financial information included in this report, fairly present in all material respects the financial condition, results of operations and cash flows of the registrant as of, and for, the periods presented in this report;

4. The registrant’s other certifying officer(s) and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) and internal control over financial reporting (as defined in Exchange Act Rules 13a-15(f) and 15d- 15(f)) for the registrant and have:
a. Designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under our supervision, to ensure that material information relating to the registrant, including its consolidated subsidiaries, is made known to us by others within those entities, particularly during the period in which this report is being prepared; b. Designed such internal control over financial reporting, or caused such internal control over financial reporting to be designed under our supervision, to provide reasonable assurance regarding the reliability of financial reporting and the preparation of financial statements for external purposes in accordance with generally accepted accounting principles; c. Evaluated the effectiveness of the registrant’s disclosure controls and procedures and presented in this report our conclusions about the effectiveness of the disclosure controls and procedures, as of the end of the period covered by this report based on such evaluation; and d. Disclosed in this report any change in the registrant’s internal control over financial reporting that occurred during the registrant’s most recent fiscal quarter (the registrant’s fourth fiscal quarter in the case of an annual report) that has materially affected, or is reasonably likely to materially affect, the registrant’s internal control over financial reporting; and

5. The registrant’s other certifying officer(s) and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the registrant’s auditors and the audit committee of the registrant’s board of directors (or persons performing the equivalent functions):
a. All significant deficiencies and material weaknesses in the design or operation of internal control over financial reporting which are reasonably likely to adversely affect the registrant’s ability to record, process, summarize and report financial information; and b. Any fraud, whether or not material, that involves management or other employees who have a significant role in the registrant’s internal control over financial reporting.
/s/ JON VANDER ARK
Jon Vander Ark
President and Chief Executive Officer (Principal Executive Officer) Date: October 29, 2024
968
AGENDA ITEM NO. 5.

EXHIBIT 31.2
CERTIFICATION PURSUANT TO RULES 13a-14(a) AND 15d-14(a), AS ADOPTED PURSUANT TO SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002 I, Brian DelGhiaccio, certify that:

1. I have reviewed this quarterly report on Form 10-Q of Republic Services, Inc.;

5. The registrant’s other certifying officer(s) and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the registrant’s auditors and the audit committee of the registrant’s board of directors (or persons performing the equivalent functions):
a. All significant deficiencies and material weaknesses in the design or operation of internal control over financial reporting which are reasonably likely to adversely affect the registrant’s ability to record, process, summarize and report financial information; and b. Any fraud, whether or not material, that involves management or other employees who have a significant role in the registrant’s internal control over financial reporting.
/s/ BRIAN DELGHIACCIO
Brian DelGhiaccio
Executive Vice President, Chief Financial Officer (Principal Financial Officer) Date: October 29, 2024
969
AGENDA ITEM NO. 5.

EXHIBIT 32.1
CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350,
AS ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002 In connection with the Quarterly Report on Form 10-Q of Republic Services, Inc. (the Company) for the period ended September 30, 2024 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Jon Vander Ark, President and Chief Executive Officer of the Company, hereby certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that to the best of my knowledge:

1. The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended; and

2. The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company. /s/ JON VANDER ARK
Jon Vander Ark
President and Chief Executive Officer (Principal Executive Officer) Date: October 29, 2024
970
AGENDA ITEM NO. 5.

EXHIBIT 32.2
CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350,
AS ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002 In connection with the Quarterly Report on Form 10-Q of Republic Services, Inc. (the Company) for the period ended September 30, 2024 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Brian DelGhiaccio, Chief Financial Officer of the Company, hereby certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that to the best of my knowledge:

1. The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended; and

2. The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company. /s/ BRIAN DELGHIACCIO
Brian DelGhiaccio
Executive Vice President, Chief Financial Officer (Principal Financial Officer) Date: October 29, 2024
971
AGENDA ITEM NO. 5.

5501 N Golden State Blvd, Fresno, CA 93722 | RepublicServices.com | Environmental Services, Recycling & Waste

Republic Services Compliance Matrix Clarifications

5.4.6 – A statement by the chief financial officer of your firm that there has been no material adverse change in such condition or operations from that reflected in the submitted balance sheet and income statements since the date on which they were prepared.

In a good faith effort to abide by this requirement, we have attached signature pages from our Chief Executive Officer and Chief Financial Officer on our 10-Q report dated October 29, 2024. This submission has been used to satisfy similar requirements in other RFPs and attests to the factual realities of our financial statements. The signature pages attest to the factual nature of the financial information.

Our 10-Q report, and financial statements, can be found here: 0001060391-24-000324 | 10-Q | Republic Services, Inc.

Recyclable Materials Collection of Single-Family, Multi-Family, Commercial Customers, City facilities, and Special Events

5.5.1.1 Standard crew size.

For recycling: 6.8 regular cart drivers, 1.5 substitute cart drivers, 2.6 regular bin drivers, .5 substitute bin driver, .3 cleaning/exchange person (shared with organic routes).

5.5.1.4 Number, types, sizes, and manufacturer’s specifications of Containers to be utilized.

Commercial Cart
• 95 Gallon Bar Cart with 10” plastic Wheels, blue lid & body, Schaefer, $52.36 per unit.

Currently, unknown quantity as Republic will need to discuss with businesses to right-size them for service levels. Likely less than 100 at new agreement term. • 30GL Carts - $41 per cart
Bins
• 1-yard pitch top, bottom/smooth front, plastic lid, pull handles, commercial dumpster, Confab, blue lid and body, $670 per unit.
• 1.5 yard pitch top, bottom/smooth front, plastic lid, pull handles, commercial dumpster, Confab, blue lid and body, $733 per unit.
• 2-yard pitch top, bottom/smooth front, plastic lid, pull handles, commercial dumpster, Confab, blue lid and body, $796 per unit.
• 3-yard pitch top, bottom/smooth front, plastic lid, pull handles, commercial dumpster, Confab, blue lid and body $896 per unit.
• 4-yard pitch top, bottom/smooth front, plastic lid, pull handles, commercial dumpster, Confab, blue lid and body $1032 per unit.
• 6-yard pitch top, bottom/smooth front, plastic lid, pull handles, commercial dumpster, Confab, blue lid and body $1238 per unit.
972
AGENDA ITEM NO. 5.

5501 N Golden State Blvd, Fresno, CA 93722 | RepublicServices.com | Environmental Services, Recycling & Waste

Quantity: Republic will be refurbishing or exchanging all commercial/multi-family recycling containers that are currently in use. Additionally, there are these types of accounts that do not have established recycling and/or organics service or do not receive the appropriate level of service that will need to be increased. At this time, we cannot give an exact number due to the need for established contact and right-sizing. However, Republic is committing to not asking for any rate increase or adjustment if more containers are needed than previously anticipated during the roll-out period of the new agreement.

5.5.3.3 Describe how proposer will respond to severe market demand and pricing fluctuations, which should address emergency storage of Recyclable Materials.

The Newby Recyclery has and will continue to respond to severe market conditions by focusing on sustainability and not holding commodities based on pricing fluctuations. The facility, backed by our company’s investment, looks at sales of materials over a long-term period enduring headwinds during changing market conditions. The strategy of the facility is to move commodities on a first-in, first-out inventory management system. This allows the facility to provide material circularity in the recycling industry. The facility has had to hold inventory in the past when there is no access to the ports or overseas markets but these instances are isolated from price fluctuations and based solely on access to end markets.

The facility has capacity to store recyclable materials because the facility is integrated on 342 acres with a Recyclery, a Landfill, Hauling Facility with sufficient storage real estate to endure emergency situations.

Organic Materials Collection

5.5.4.8 Types, costs, number, and manufacturer’s specifications of Containers to be utilized.

Commercial Cart
• 95 Gallon Bar Cart with 10” plastic Wheels, green lid & body, Schaefer, $52.36 per unit.

Currently, unknown quantity as Republic will need to discuss with businesses to right-size them for service levels. Likely less than 100 at new agreement term. • 65 Gallon Bar Cart with 10” plastic Wheels, green lid & body, Schaefer, $46 per unit.

Currently, unknown quantity as Republic will need to discuss with businesses to right-size them for service levels. Likely less than 100 at new agreement term. • 30 Gallon Bar Cart with 10”in plastic wheels, green lid & body Schaefer, $41 per unit.

Currently, unknown quantity as Republic will need to discuss with businesses to right-size them for service levels. Likely less than 100 at new agreement term Bins
• 1-yard pitch top, bottom/smooth front, plastic lid, pull handles, commercial dumpster, Confab, green lid and body, $670 per unit.
• 1.5 yard pitch top, bottom/smooth front, plastic lid, pull handles, commercial dumpster, Confab, green lid and body, $733 per unit.
• 2-yard pitch top, bottom/smooth front, plastic lid, pull handles, commercial dumpster, Confab, green lid and body, $796 per unit.
• 3-yard pitch top, bottom/smooth front, plastic lid, pull handles, commercial dumpster, Confab, green lid and body $896 per unit.
• 4-yard pitch top, bottom/smooth front, plastic lid, pull handles, commercial dumpster, Confab, green lid and body $1032 per unit.
973
AGENDA ITEM NO. 5.

5501 N Golden State Blvd, Fresno, CA 93722 | RepublicServices.com | Environmental Services, Recycling & Waste

• 6-yard pitch top, bottom/smooth front, plastic lid, pull handles, commercial dumpster, Confab, green lid and body $1238 per unit.

5.5.4.9 Standard crew size.

For organics: 5.2 regular cart drivers, 1.5 substitute cart drivers, 1.5 regular bin drivers, .5 substitute bin driver, .3 cleaning/exchange person (shared with organic routes).

5.5.12.12 Proposed budget for public education and outreach during the start-up period of the contract and on an annual basis.

Republic is proposing an annual public education budget of $200,000 (abiding by the requirements of Exhibit C of the Draft Agreement).
974
AGENDA ITEM NO. 5.

October 16, 2024
City of Clovis
Request for Proposals for
Recyclable and Organic Materials
Collection, Processing, and Marketing
AAATTACHMENT 6
975
AGENDA ITEM NO. 5.

This page intentionally left blank

976
AGENDA ITEM NO. 5.

CITY OF CLOVIS

REQUEST FOR PROPOSALS FOR
Recyclable and Organic Materials Collection, Processing, and Marketing Services

Proposal Information: The City of Clovis (City) is requesting proposals for the Collection, Processing, and marketing of Recyclable Materials and Organic Materials. The Request for Proposal (RFP) package and all associated materials are solely available on the designated website listed below.

Obtaining Access to the RFP Package: The full content of the RFP is available free of charge from the vendor portal of PlanetBids, Inc., which is accessible on the City of Clovis website. If addenda are necessary, they will be posted onto PlanetBids, Inc. as well. Proposers can also request to be added to the RFP distribution list by sending an email to Sarai Yanovsky at [email protected].

Proposer Questions and City Responses: All proposer questions must be submitted in writing via email to Sarai Yanovsky at [email protected]. Proposer questions and City responses will be issued as addenda without identifying the party submitting the question.

Receiving RFP Package Addenda and Other Updates : Individuals on the RFP distribution list (that have provided complete and accurate contact information ) will receive email notification of the issuance of addenda or of any other updates to the RFP package. All relevant documents will be posted to, and will be solely available on, the website listed above.

Pre-Proposal Meeting: All potential proposers are encouraged to attend the optional virtual pre-proposal meeting on October 23, 2024 from 1 0:00 - 11:00 a.m. The City may accept proposals received from proposers that do not attend the pre-proposal meeting.
________________________________________________________________________________ Microsoft Teams Need help?
Join the meeting now
Meeting ID: 232 974 339 213
Passcode: hFjGzW

Dial in by phone
+1 323-618-1503,,20013556# United States, Los Angeles
Find a local number
Phone conference ID: 200 135 56#
For organizers: Meeting options | Reset dial-in PIN
________________________________________________________________________________ 977
AGENDA ITEM NO. 5.

Proposal Due Date and Submittal: All proposals must be received by 2:00 p.m. on November 13, 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
978
AGENDA ITEM NO. 5.

This page intentionally left blank

979
AGENDA ITEM NO. 5.

City of Clovis Table of Contents
RFP for Collection and Processing Services

Page i

TABLE OF CONTENTS
SECTION 1: INTRODUCTION .................................................................................................................... 1

1.1 City’s Goals and Objectives ....................................................................................................... 1

1.2 RFP Overview............................................................................................................................ 2

1.3 Organization of RFP .................................................................................................................. 2

1.4 RFP Schedule............................................................................................................................ 3 SECTION 2: BACKGROUND...................................................................................................................... 4

2.1 Readily Available Background Information ................................................................................ 4

2.2 Description of Service Area ....................................................................................................... 4

2.3 Description of Current Services ................................................................................................. 5

2.4 Current Service Data ................................................................................................................. 5

2.5 Historical Operating Information ................................................................................................ 8

2.6 Current Compensation Rates .................................................................................................... 9 SECTION 3: SCOPE OF REQUESTED SERVICES ................................................................................ 11

3.1 General Collection Service Operating Requirements ............................................................. 11

3.2 Recyclable Materials and Organic Materials Services ............................................................ 12

3.3 Customer Billing, Revenue Sharing, and City Administration Fee .......................................... 14

3.4 Labor Policy ............................................................................................................................. 15 SECTION 4: RFP CONDITIONS AND PROPOSAL SUBMITTAL ........................................................... 17

4.1 Rights Reserved by the City .................................................................................................... 17

4.2 Conflict of Interest and Prohibited Contracts ........................................................................... 18

4.3 General RFP Agreements ....................................................................................................... 18

4.4 Proposal Submittal Process .................................................................................................... 19 SECTION 5: PROPOSAL SUBMITTAL REQUIREMENTS ...................................................................... 22

5.1 Proposal Outline ...................................................................................................................... 22

5.2 Cover Letter ............................................................................................................................. 23

5.3 Executive Summary ................................................................................................................. 23

5.4 Company Description .............................................................................................................. 23

5.5 Technical Proposal for Services .............................................................................................. 26

5.6 Financial and Cost Proposal .................................................................................................... 35

5.7 Exceptions to the Draft Services Agreement ........................................................................... 36

5.8 Other Proposal Forms ............................................................................................................. 36

5.9 Additional Information (Optional) ............................................................................................. 37 SECTION 6: PROPOSAL EVALUATION PROCESS ............................................................................... 38

6.1 Proposer Qualifications ........................................................................................................... 38

6.2 Technical Proposal .................................................................................................................. 38

6.3 Exceptions to the Terms and Condition .................................................................................. 39

6.4 Financial Ability ........................................................................................................................ 39

6.5 Costs ........................................................................................................................................ 39

6.6 Predictability ............................................................................................................................ 39

980
AGENDA ITEM NO. 5.

City of Clovis Table of Contents
RFP for Collection and Processing Services

Page ii

ATTACHMENTS
A. Draft Service Agreement for Collection, Processing, and Marketing Services B. Financial Proposal Forms
C. Anti-Collusion Affidavit
D. Route Map
E. Secretary’s Certificate
F. City Facility and Event Locations and Service Levels G. Iran Contracting Act Certification
H. Worker’s Compensation Certificate
I. Drug Free Workplace Certification

LIST OF FIGURES
Figure 1: RFP Schedule .................................................................................................................................. 3 Figure 2: Readily Available Background Information .................................................................................... 4 Figure 3: Household Data.............................................................................................................................. 4 Figure 4: Accounts by Customer Type (Source: City Records and Republic Reports to City) ....................... 5 Figure 5: Annual Materials Collected (Source: City Records and Republic Annual Reports to City) ............. 6 Figure 6: Days of Residential Cart Service (Source: City GIS Website) ......................................................... 7 Figure 7: Inventory of Solid Waste Collection Vehicles (Source: City Records) ........................................... 8 Figure 8: Historical Residential Compensation Rates ................................................................................... 9 Figure 9: Labor Information (Source: Republic’s Records) ......................................................................... 15 Figure 10: Proposal Outline ........................................................................................................................ 22 Figure 11: Historical Revenue Share Payments ............................................. Error! Bookmark not defined.

10 .............................................
.............................................
981
AGENDA ITEM NO. 5.

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

Page 1 ends

SECTION 1: INTRODUCTION
The City of Clovis ( City) is seeking proposals from qualified candidates to provide Source Separated Recyclable Materials and Source Separated Organic Materials (including Yard Trimmings, Food Scraps, and Food-Soiled Paper) Collection, Processing, and marketing services to the City’s Single- and Multi-Family Residential Customers , Commercial Customers, City facilities , and special events. Currently, Republic Services (Incumbent Service Provider) provides Collection, Processing, and marketing services to the City through a contracted services agreement with the City (Current Agreement). The Current Agreement will expire on July 31, 2025, and may be extended at the City’s sole option for up to an additional three years.

The Term of the new agreement awarded through this process (New Agreement) will commence on August 1, 2025 , or later if additional time is required to procure equipment, and will continue for ten years, ending July 31, 2035. At the City’s sole option, the New Agreement may also be extended for up to three years on a month-to-month basis.

Through this Request for Proposals (RFP), the City is looking for a service provider who can deliver high quality and reliable service, maintain competitive Rates, and support the City’s compliance with Applicable Law. This RFP document contains the following: the goals and objectives of the City; an overview of this RFP; a description of the RFP’s organization; the RFP schedule; and, a list of readily available background information.

Note that many terms used in this RFP are defined in Exhibit A of the draft services agreement (Draft Services Agreement), which is presented as Attachment A hereto. These terms are capitalized throughout this document.

1.1 City’s Goals and Objectives
The City is requesting proposals from companies that have demonstrated experience providing Collection, Processing, and marketing services for Recyclable Materials and Organic Materials comparable to those described in this RFP, under a franchise or service agreement with a community comparable to, or larger, than the City. The City seeks a Contractor(s) who has demonstrated its ability to deliver exemplary Customer service and places a high priority on providing cost-effective, high -Diversion services to a ll Customers and City facilities.

The City’s goals and objectives for Collection, Processing, and marketing services are as follows:
• Provide exceptional, courteous, timely, responsive, and high-quality services to City Customers, with a Customer-focused philosophy.
• Minimize the landfill Disposal of Recyclable Materials and Organic Materials. • Ensure that the City and its residents and businesses achieve or exceed compliance with Applicable Law, including but not limited to AB 939, AB 341, AB 1826, SB 1383, and all current and future related regulations.
• Support the State’s goal of resource conservation, which prioritizes management of Discarded Materials using the following hierarchy: waste reduction, reuse, Recycling, Composting, and Disposal.
982
AGENDA ITEM NO. 5.

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

Page 2 ends

• Provide exceptional service to Customers at reasonable Rates that are effectively managed to maximize Rate stability.
• Minimize environmental impacts of the Collection and Processing operations. • Expand and enhance the opportunities for Residential and Commercial Customers in the City to Divert Recyclable Materials and Organic Materials from landfill Disposal. • Engage a Contractor that cooperatively delivers exceptional service to Customers and the City and collaborates with the City to allow programs to evolve over time. • Engage a Contractor that is a strong community citizen (e.g., participation in community events and organizations).
• Engage a Contractor that will maintain complete and accurate records as well as provide complete and timely reporting to the City.

1.2 RFP Overview
The procurement process involves soliciting and evaluating proposals , choosing the selected proposer, executing a New Agreement with the selected proposer, and establishing an implementation period leading to commencement of services on August 1, 2025 (or later as negotiated through the selection process).

The City wishes to receive proposals from companies that have demonstrated experience in safely and reliably providing services comparable to those described in this RFP (Section 3) and the Draft Services Agreement (Attachment A).

1.3 Organization of RFP
This RFP is organized into six sections as follows:

Section 1 provides a brief introduction to the RFP.

Section 2 provides background information on the City, including current service arrangements.

Section 3 presents the scope of requested Collection and Processing services.

Section 4 provides the RFP policies, conditions, and submittal process.

Section 5 describes proposal submittal requirements.

Section 6 outlines the proposal evaluation process and criteria by which the proposals will be evaluated.

The attachments include the Draft Services Agreement, financial proposal forms, anti-collusion affidavit, Secretary’s certificate, City facility and special event lists, as well as current route maps and route data. 983
AGENDA ITEM NO. 5.

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 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 6, 2024
Proposers submit proposals November 13, 2024 at 2:00 p.m.

City conducts interviews and negotiations with one or more proposers November 2024 Recommendation of selected proposer to City Council December 2024 Contract executed December 2024
Selected Contractor begins providing service August 1, 2025 984
AGENDA ITEM NO. 5.

City of Clovis Section 2: Background
RFP for Collection and Processing Services

Page 4 ends

SECTION 2: BACKGROUND
Although the information presented in this section was obtained from what are considered by the City to be reliable sources, it is presented for informational purposes only. The proposer, by submission of their proposal in response to this RFP, agrees to indemnify and hold the City harmless from any claims of damages incurred by the proposer for its reliance on any data provided by the City in this RFP process .

Each proposer should take whatever steps it believes are necessary to reasonably determine the actual service requirements of the City and understand service conditions in the City when preparing its proposal.

2.1 Readily Available Background Information
Below is a list of readily available sources that provide background information on the City. Additional background information is provided in Section 2, in the RFP attachments, and on the RFP website.

Figure 2: Readily Available Background Information
Resource Relevant Content Location
RFP Website • Current Services Agreement
• Draft Services Agreement
• Proposal Forms
• Current Rates
https://cityofclovis.com/public-utilities/
City Website

• General information
• Solid Waste & Recycling Services
• General Plan
• Municipal Code
https://cityofclovis.com/
https://cityofclovis.com/public-
utilities/recycling-and-refuse/toter-
information/
https://cityofclovis.com/planning-and-
development/planning/master-plans/general-
plan/
https://www.codepublishing.com/CA/Clovis/

2.2 Description of Service Area
Located in Fresno County, the City is approximately 23 mi2 and has a population of approximately 126,133 (per CA Dept of Finance). The City has approximately 1,216 Commercial businesses.

Figure 3: Household Data
Single
Homes
Two to Four
Units Five Plus Mobile Homes
36,005 3,619 6,686 938
Source: CA Department of Finance Table E-5 City/County Population and Housing Estimates 1/1/2024.

985
AGENDA ITEM NO. 5.

City of Clovis Section 2: Background
RFP for Collection and Processing Services

Page 5 ends

2.3 Description of Current Services
The City currently provides Solid Waste Collection services. The City ’s Incumbent Service Provider is contracted to provide Source S eparated Recyclable Materials and Organic Materials Collection, Processing, and marketing services. The Incumbent Service Provider provides services to Single- and Multi- Family Dwellings under contract with the City, while Commercial businesses are provided services upon request. The Incumbent Service Provider also provides services to City facilities and special events at no charge to the City (see Draft Service Agreement Exhibit B5 for a list of Service Levels and locations).

The Incumbent Service Provider provides additional ancillary services to all Residential Customers (Single- and Multi-Family) including the Collection of Used Motor O il and Filters , holiday trees (Curbside), batteries, and cellphones. Sharps Waste Containers and mailing kits are also provided upon Customer request. They are also contracted to provide all Customer services related to the Current Agreement. This includes a Customer service call center, electronic communications, and web -based Customer interactions.

The City provides Containers to Residential Customers who receive individual service per Dwelling Unit.

The Incumbent Service Provider provides Collection Containers in new, like-new, or refurbished condition for all Commercial Customers as well as Multi-Family Customers with centralized Collection service. The City charges the Incumbent Service Provider for replacement of all lost City-provided Recyclable Materials and Organic Materials Carts.

Under the Current Agreement, the Incumbent Service Provider arranges for the Processing and marketing of all Recyclable Materials and Organic Materials. Any facilities used for Processing materials from the City shall be approved in advance by the City’s Contract Manager.

2.4 Current Service Data

2.4.1 Account and Tonnage Data
Figure 4 below summarizes Customer account data for calendar years 2021-2023, as reported by the Incumbent Service Provider and the City . Figure 5 below summarizes recent historical Tonnage of Recyclable Materials and Organic Materials Collected in the City (reported by the Incumbent Service Provider) as well as Solid Waste Tonnage Collected by the City. As stated in the beginning of this section, the City believes this information to be reasonable but does not warrant or accept responsibility for its accuracy. It is the responsibility of each proposer to undertake, at its sole cost, any verification of this information and development of any supplemental information necessary for it to submit a response to this RFP.

Figure 4: Accounts by Customer Type
(Source: City Records and Republic Reports to City)
As of December, of each year 2021 2022 2023
Residential (Carts)
Recyclable Materials 33,483 33,923 34,316
Organic Materials 33,760 34,195 34,607
Commercial / Multi-Family (Bins)
Landfill 1,442 1,463 1,480
Recyclable Materials 746 659 654
Organic Materials 1,045 1,202 903
986
AGENDA ITEM NO. 5.

City of Clovis Section 2: Background
RFP for Collection and Processing Services

Page 6 ends

Figure 5: Annual Materials Collected by Calendar Year
(Source: City Records and Republic Annual Reports to City) 2021 2022 2023
Recyclable Materials (Tons)
Residential (Carts) 10,399.34 9,762.29 8,978.16
Multi-Family / Commercial (Bins) 2,483.13 2,517.03 2,435.50 Organic Materials (Tons)
Residential (Carts) 19,502.92 19,064.10 19,242.20
Multi-Family / Commercial (Bins) 142.24 60.84 17.99
Landfill (Tons)
Residential (Carts) 33,431 32,272 25,340
Multi-Family / Commercial Total 23,117 23,208 20,721
Oil (gallons) 2,595 4,415 3,925

2.4.2 Recyclable Materials Collection
Residential Recyclable Materials program consists of weekly Curbside Collection of Source Separated Recyclable Materials from 96-gallon Carts. For Commercial Customers, Recyclable Materials Collection is provided at a frequency requested by the Customer using 1-6 cubic yard company-supplied Bins.

2.4.3 Organic Materials Collection
Residential Organic Materials program consists of weekly Curbside Collection of Source Separated Organic Materials from 96-gallon Carts. For Commercial Customers, Organic Materials Collection is provided at a frequency requested by the Customer using 1-6 cubic yard company-supplied Bins. The current Organic Materials program Collects Food Scraps, Food-Soiled Paper, Yard Trimmings ( grass, weeds, leaves, prunings, branches, dead plants, brush, tree trimmings, dead trees ), and small pieces of unpainted and untreated wood.

2.4.4 Routes
Figure 6 below provides an overview of routing for Single-Family Solid Waste Collection provided by the City. See Attachment D for detailed routing information for all Residential and Commercial accounts. 987
AGENDA ITEM NO. 5.

City of Clovis Section 2: Background
RFP for Collection and Processing Services

Page 7 ends

Figure 6: Days of Residential Cart Service
(Source: City Data)

Recyclable Materials and Organic Materials Collection will occur on the same day as City provided Solid Waste Collection for all Residential Customers at the beginning of the New Agreement. 988
AGENDA ITEM NO. 5.

City of Clovis Section 2: Background
RFP for Collection and Processing Services

Page 8 ends

2.4.5 Household Hazardous Waste Management
Household Hazardous Waste (HHW) management programs are operated by Fresno County. However, Collection of cellphones, batteries, sharps, and oil are performed by the Incumbent Service Provider.

2.4.6 Billing Process
Both the City and Incumbent Service Provider are responsible for billing. Specifically, the City provides billing services to all Residential Customers (Single- and Multi-Family) for all streams as well as Commercial Customers for Solid Waste service. The Incumbent Service Provider bills Commercial Customers monthly in arrears for Recyclable Materials and Organic Materials Collection as well as any ancillary services .

Collection of delinquent accounts is the sole responsibility of the Incumbent Service Provider.

2.5 Historical Operating Information
Figure 7 below summarizes the number of Collection Vehicles utilized by the Incumbent Service Provider.

As Recyclable Materials and Organic Materials Collection service has not been fully implemented for Commercial and Multi-Family Customers, this information is provided for informational purposes only .

Figure 8 below summarizes the number of Collection Vehicles utilized by the City to provide Solid Waste Collection service. It is the responsibility of each proposer, at its sole discretion and cost, to make any assumptions necessary using this information for it to submit a response to this RFP.

Figure 7: Inventory of Recyclable and Organic Materials Collection Vehicles (Source: Incumbent Service Provider Records)
Type of Vehicle Total Collection Vehicles
Automated Side Loader 11
Front End Loader 3
Total 14
Residential Recycling 6
Residential Organics 5
Commercial Recycling 2
Commercial Organics 1

Figure 8: Inventory of Solid Waste Collection Vehicles
(Source: City Records)
Type of Vehicle Total Collection Vehicles
Automated Side Loader 9
Front End Loader 6
Total 15

989
AGENDA ITEM NO. 5.

City of Clovis Section 2: Background
RFP for Collection and Processing Services

Page 9 ends

2.6 Current Compensation Rates

2.6.1 Residential Compensation Rates
The current compensation rate for Recyclable Materials services paid to the Incumbent Service Provider is $4.03 per Cart per month for Single- and Multi-Family Customers receiving individual Cart Collection services (i.e., one Cart per Dwelling Unit).

The current compensation rate for Recyclable Materials services paid to the Incumbent Service Provider is $2.11 per Dwelling Unit per month for Multi-Family Customers receiving centralized Bin or Cart Collection services (i.e. , in the event that a 12-unit apartment complex has centralized Bin or Cart Collection, City pays $2.11 x 12 = $25.32 per month).

The current compensation rate for Organic Materials services paid to the Incumbent Service Provider is $5.62 per Cart per month for Single- and Multi-Family Customers receiving individual Cart Collection services (i.e., one Cart per Dwelling Unit).

The current compensation rate for Organic Materials services paid to the Incumbent Service Provider is $5.67 per Dwelling Unit per month for Multi-Family Customers receiving centralized Bin or Cart Collection services (i.e., in the event that a 12-unit apartment complex has centralized Bin or Cart Collection, City pays $5.67 x 12 = $68.04 per month).

Historical compensation paid from the City to the Incumbent Service Provider, per fiscal year, is detailed in Figure 9 below.

Figure 9: Historical Residential Compensation Rates
(Source: City Records)

PERIOD MONTHLY PER CART RATE

RECYCLING ORGANICS
2024/2025 4.03 5.62
2023/2024 3.91 5.46
2022/2023 3.76 5.25
2021/2022 3.62 5.05
2020/2021 3.58 4.99
2019/2020 3.51 4.89
2018/2019 3.43 4.78
2017/2018 3.36 4.69
2016/2017 3.33 4.64
2015/2016 3.32 4.62

2.6.2 Bin Rates
The Incumbent Service Provider’s Rates for Recyclable Materials and Organic Materials Bin service are currently charged as a percent of the Solid Waste Collection Rate. The Incumbent Service Provider charges 60% of the Solid Waste Rate for Organic Materials Collection and 50% of the Solid Wast e Rate for Recyclable Materials Collection . The current monthly Bin Rate for Solid Waste Collection is $77.44 per cubic yard per week.
990
AGENDA ITEM NO. 5.

City of Clovis Section 2: Background
RFP for Collection and Processing Services

Page 10 ends

2.6.3 Revenue Sharing
The Current Agreement requires the Incumbent Service Provider to share revenue generated from the marketing and sale of Recyclable Materials Collected within the City. The current rebate is $17.01 per Ton for R ecyclable Materials Collected from Residential and Commercial Customers. Historical monthly revenue payments from 2015 to 2024 are shown in Figure 10 below.

Figure 10: Historical Revenue Share Payments

REVENUE SHARE PAYMENTS
Date Payment Amount
2023/2024 $119,922
2022/2023 $125,419
2021/2022 $131,510
2020/2021 $15,141
2019/2020 $34,557
2018/2019 $77,401
2017/2018 $317,297
2016/2017 $170,076
2015/2016 $199,220

991
AGENDA ITEM NO. 5.

City of Clovis Section 3: Scope of Requested Services
RFP for Collection and Processing Services

Page 11 ends

SECTION 3: SCOPE OF REQUESTED SERVICES
This section provides a description of the Collection and Processing services solicited through this RFP.

The City is requesting proposals for Collection, Processing, and marketing of Source Separated Recyclable Materials and Organic Materials (including Yard Trimmings and Food Waste). The New Agreement will commence August 1, 2025, and continue for a period of ten years (unless an alternate Commencement Date is negotiated through the RFP process) . At the City’s sole option, the New Agreement may be extended for a period of up to three years on a month-to-month basis. The Collection, Processing, and marketing services proposal shall include all required elements, as described in Section 5.

The Draft Services Agreement presents all of the City’s desired contract terms and conditions including a complete description of the Collection, Processing, and marketing services requested. It also describes Contractor’s Compensation and Rate-setting methods, dispute resolution, indemnification, insurance, performance assurances, defaults and remedy provisions, termination rights, performance standards and consequences for non -compliance, reporting obligations, and other provisions. If there are differenc es between the summary of Collection, Processing, and marketing services described in this RFP and the Draft Services Agreement, the terms and conditions in the Draft Services Agreement shall prevail.

3.1 General Collection Service Operating Requirements
The selected proposer shall have the exclusive right to Collect Residential and Commercial Recyclable Materials and Organic Materials subject to the limitations described in Section 1.2 of the Draft Services Agreement. Under the terms of the Draft Services Agreement, the Contractor will be required to Transport and deliver all Discarded Materials to Approved Facilities.

The selected proposer shall be responsible for Collection, Processing, and marketing of Recyclable Materials as described in the Draft Services Agreement. The selected proposer may use its own Processing site(s) or a Subcontractor’s Processing site(s).

Each proposer shall develop its proposal reflecting its plan to utilize Collection vehicles and Containers in great condition as further described in Section 5.5 and 5.6 of the Draft Services Agreement.

3.1.1 Coordination with City Routes
The selected proposer shall be required to schedule Recyclable Materials and Organic Materials Collection for Residential Cart Customers on the same day that the Customers receive Solid Waste Collection from the City, such that each Residential Customer’s Solid Waste, Recyclable Materials, and Organic Materials will all be Collected on the same day each week. This will require coordination of th e contractor in developing a routing strategy.

3.1.2 Holiday Collection
In accordance with the City ’s Solid Waste Collection schedule, the selected proposer shall Collect Recyclable Materials and Organic Materials as scheduled on all holidays that fall on a day of service (if a holiday falls on a weekday, regular Collection shall occur on the holiday and shall not be made‐up the 992
AGENDA ITEM NO. 5.

City of Clovis Section 3: Scope of Requested Services
RFP for Collection and Processing Services

Page 12 ends

following day).

3.1.3 Collection Standards
Please see the Draft Services Agreement for additional operational standards such as noise level, vehicle, Container, personnel, and emergency service requirements.

3.2 Recyclable Materials and Organic Materials Services

3.2.1 Residential Customers
Residential Customers including Single-Family, mobile homes, and Multi-Family accounts (with centralized or individual service) shall receive:

A. Recyclable Materials Services. For Residential Customers (with individual service), weekly Curbside Recyclable Materials Collection using City-provided 96-gallon Carts, on the same day as Solid Waste and Organic Materials Collection. For Multi-Family Customers (centralized Collection), Collection shall be provided in Contractor-provided 96 -gallon Carts or 1-6 cubic yard Bins at a frequency agreed upon between the Customer and the Contractor. Recyclable Materials shall include, but not be limited to: newspaper (including inserts, coupons, and store advertisements); mixed paper (including office paper, computer paper, magazines, junk mail, catalogs, brown paper bags, brown paper, paperboard, paper egg cartons, telephone books, grocery bags, colored paper, construction paper, envelopes, legal pad backings, shoe boxes, gable-top beverage containers, cereal, and other similar food boxes yet excluding paper tissues, paper towels, paper with plastic coating, paper contaminated with food, wax paper, foil -lined paper and cartons, and Tyvex non -tearing paper envelopes); chipboard; corrugated Cardboard; glass containers of any color (including brown, clear, and green glass bottles and jars); aluminum (including beverage containers and small pieces of scrap metal); steel, tin, or bi-metal cans; mixed plastics such as plastic containers (no. 1-7), except expanded Polystyrene (EPS); bottles including containers made of HDPE, LDPE, or PET; film plastic (when clean, dry, and contained inside of a plastic bag); dry cell household batteries when placed on the Recycling Cart in a sealed heavy -duty plastic bag; and, those materials added by the Contractor from time to time.

B. Organic Materials Services. For Residential Customers (with individual service) , weekly Curbside Organic Materials Collection using City-provided 96-gallon Carts on the same day as Solid Waste and Recyclable Materials Collection. For Multi-Family Customers (centralized Collection), Collection shall be provided in Contractor-provided 96 -gallon Carts or 1 -6 cubic yard Bins at a frequency agreed upon between the Customer and the Contractor. Proposers may propose the use of reduced volume Carts (i.e., 32-, 48-, 64-gallons) for Organic Materials Collection in the cost forms. Organic Materials means Yard Trimmings and Food Waste, individually or collectively as defined in the Draft Services Agreement. The City asks that proposers identify if plastic and/or Compostable Plastic bags will be accepted for Organic Materials Collection. If so, proposers shall state the difference in Processing costs for (un)bagged Organic Materials, if any.

C. Holiday Tree Collection. Curbside Collection of holiday trees for 14 Calendar Days beginning December 26, free of any additional charge.

D. Used Motor Oil and Filter Collection Program. The selected proposer shall Collect Used Motor Oil and Filters placed Curbside for Collection (maximum of 2.5 gallons per Dwelling Unit per week). 993
AGENDA ITEM NO. 5.

City of Clovis Section 3: Scope of Requested Services
RFP for Collection and Processing Services

Page 13 ends

E. Sharps Collection Program. The selected proposer shall provide Customers with Sharps Collection or mail-back service, upon request. Such service shall include providing detailed instructions for participation in the Sharps program. Customers using the Sharps program will receive one Sharps Waste Container/mailing kit per calendar year at no additional charge. Additional Sharps Waste Containers/mailing kits will be available for a fee.

F. Battery and Cellphone Collection Program. The selected proposer shall Collect discarded batteries and cell phones placed for Collection in Customer-provided, clear, zip-lock or tie-close plastic bags placed on top of Recyclable Materials Carts or as coordinated with the property manager or Owner at Multi-Family properties as described in the Draft Services Agreement.

3.2.2 Commercial Customers
Commercial Customers shall receive Recyclable Materials and Organic Materials Collection services including at a minimum the same materials as the Residential program listed above in Sections 3.2.1 A and B as scheduled with the Customer.

The selected proposer shall provide each Commercial Customer with Bins with capacities ranging from 1- 6 cubic yards (or similar sizes) or Carts (96-gallons) for both Recyclable Materials and Organic Materials Collection, as requested by Customers. Proposers may propose the use of reduced volume Carts (32-, 48- , 64-gallons) for Organic Materials Collection in the cost forms. Proposers may suggest limited Bin sizes if operationally required. Collection shall be performed at a time and location that is mutually agreed upon by the selected proposer and the Customer or Owner of the property. Collection frequency will be at least once per week but may be more frequent upon Customer request in order to accommodate the need for high volume and food generating businesses.

Recyclable Materials and Organic Materials services for Commercial Customers shall be provided and billed by the selected proposer, at a Rate to be determined during this RFP process. Recyclable Materials and Organic Materials Rates shall be set at no greater than 60% of the Solid Waste Rate for similar service (e.g., 2-yard Recyclable Materials Bin service Rate shall be no greater than 60% of the 2-yard Solid Waste Bin Rate). Solid Waste Collection service is currently $77.44 per cubic yard per week.

3.2.3 Containers
Collection Containers shall be in new, like-new, or refurbished condition with SB 1383 -compliant labels and Contractor contact information for all Commercial Customers at the commencement of the New Agreement (Carts shall contain in -mold or hot stamped labels). Container colors shall also be SB 1383 compliant. The selected proposer will be responsible for distribution, repair, and maintenance of all Collection Containers it provides. The City will charge the future Contractor for replacement of all lost City-provided Recyclable Materials and Organic Materials Carts.

3.2.4 City Facilities and Special Events
The selected proposer shall Collect Recyclable Materials and Organic Materials from City facilities and up to 20 special events in the same manner as those services are provided to Commercial Customers at no cost to the City or events. The selected proposer shall provide service to all existing City facilities as well as any future facilities owned and operated by the City. A list of existing City facility locations with current Service Levels and a list of special events (up to 20 annually) is included as Attachment F . City facility 994
AGENDA ITEM NO. 5.

City of Clovis Section 3: Scope of Requested Services
RFP for Collection and Processing Services

Page 14 ends

locations and special events are subject to change at the City’s discretion but in no case are special events to exceed 20 events per year . The selected proposer shall provide Recyclable Materials and Organic Materials Collection services to all identified City facilities in Attachment F unless an exemption is determined and approved by the City. The selected proposer will also provide additional services to events as outlined in the Draft Services Agreement (Section 4.5).

3.2.5 Optional Services
The City requests that proposers include cost estimates for the following optional services in their proposals. These services may not be part of the final New Agreement; however, all proposers are required to provide additional costs for including these optional services so the City may determine if they are beneficial to providing. These requirements are described in the Draft Services Agreement (Exhibit B).

A. Multi-Family Food Pails . As the City and selected proposer implement Residential Food Scraps Recycling, the City is interested in providing support to make the program more convenient to Customers. The City will be providing Food Scrap pails to Single-Family Customers for this purpose and would potentially like the selected proposer to provide one countertop Food Scrap pail to each Multi-Family Dwelling Unit during implementation. Proposers may propose Rates for additional or replacement kitchen pails.

B. Commercial Container Cleaning and/or Exchange. The City is interested in maintaining cleanliness and providing excellent service. Proposers shall describe a program that would allow Commercial Customers to either exchange their existing Containers for clean ones or request Container cleaning services once per year. This may be included in the proposed Rates or offered as a stand -alone service. If included in the proposed Rates, proposers may propose Rates for Container cleaning or exchange services in excess of once per year.

3.3 Customer Billing, Revenue Sharing, and City Administration Fee

3.3.1 Customer Billing
Both the City and selected proposer will be responsible for billing. Specifically, the City provides billing services to all Residential Customers (Single - and Multi -Family) for all streams as well as Commercial Customers for Solid Waste service. The selected proposer will bill Commercial Customers monthly in arrears for Recyclable Materials and Organic Materials Collection as well as any ancillary services.

Collection of delinquent accounts is the sole responsibility of the selected proposer.

3.3.2 Revenue Sharing
The New Agreement requires the selected proposer to share revenue generated from the marketing and sale of Recyclable Materials with the City. The current rebate is $17.01 per Ton for Recyclable Materials Collected from Residential and Commercial Customers.

3.3.3 AB939/SB 1383 Fee
The New Agreement requires the selected proposer to pay a AB939/SB 1383 fee, which is equal to 5% of Gross Receipts for Commercial Customers and shall be paid in monthly installments. 995
AGENDA ITEM NO. 5.

City of Clovis Section 3: Scope of Requested Services
RFP for Collection and Processing Services

Page 15 ends

3.4 Labor Policy

3.4.1 Employee Retention
The City is aware of AB 1669 regarding bidding preferences for companies proposing to hire the displaced employees of the Incumbent Service Provider. As described in Section 3.4.1, the City will be requiring all proposers to make such offers of employment. Therefore, no preference will be awarded based on this condition.

The City is seeking the following employment conditions for the selected Contractor:

1. The City’s future Contractor shall offer employment under the New Agreement to existing employees working under the Current Agreement who become unemployed by reason of the change in Contractors. However, the future Contractor shall not be obligated to offer employment to more existing employees than the future Contractor needs to perform the services required under the New Agreement and the future Contractor shall not be obligated to offer employment to existing employees that are not working prior to the Commencement Date due to a leave of absence related to disability or workers’ compensation claim. Additionally, the Contractor shall not be obligated to displace any of its current employees or modify its current job performance requirements or employee selection standards. Additional employees, if needed, shall be obtained pursuant to procedures currently in effect under the collective bargaining agreement with the current Solid Waste Collection Contractor. This requirement, however, shall not be applicable to management or supervisory personnel.

2. Wages and benefits applicable to employees performing work under the New Agreement shall be commensurate with current compensation or in accordance with existing agreements with represented labor groups.

3. The Contractor may enter into agreement(s) with Subcontractors to provide services covered in the Draft Services Agreement subject to the prior written consent of the City as stated in Section

3.3 of the Draft Services Agreement. Subcontractors shall be required to comply with the obligations stated in paragraphs 1 and 2, above.

4. Labor agreements must be included as attachments to the Draft Services Agreement and future modification shall be submitted to the City.

The Incumbent Service Provider’s current employment information is detailed in Figure 11 below:

Figure 11: Labor Information
(Source: Republic’s Records)
Classification # of Employees Wage ($/hour) Benefit Wage ($/hour) Residential Recycle Driver 6 $24.63 $13.91
Residential Green
Waste/Organics Driver 5 $24.66 $13.91
Substitute Drivers 3 $24.46 $13.91
Commercial Recycle Driver 2 $24.96 $13.91
Commercial Organics Driver 1 $24.46 $13.91
Total 17

996
AGENDA ITEM NO. 5.

City of Clovis Section 3: Scope of Requested Services
RFP for Collection and Processing Services

Page 16 ends

3.4.2 Designated Personnel and Customer Service
The New Agreement requires the future Contractor to designate several staff to oversee the administration of, and resolve issues related to, the New Agreement. The Government Liaison will be the City’s primary point of contact, generally responsible for administering the New Agreement (submitting reports, attending recurring meetings, etc.). The Service Liaison will be the City’s point of contact for resolving Customer service issues in a swift and timely manner. The duties of the Diversion Coordinator(s) (up to one FTE equivalent) will be focused on public education, community outreach, Commercial and Multi-Family site visits, and technical assistance. The Government Liaison, Service Liaison, and Diversion Coordinator(s) must be local and while they may be existing employees of the selected proposer , supporting multiple cities, proposers must state on the cost forms how much of their time will be dedicated to the City of Clovis.

The selected proposer shall maintain an office in the City where Customers can visit or call to speak directly to a Customer service representative. The in-person and telephone hours shall be from 8 a.m. to 5 p.m.

Monday to Friday and shall have sufficient equipment and staff in place to be available to handle inquiries each day. Telephone equipment shall be capable of recording the responsiveness to calls.

{Remainder of page intentionally blank}

997
AGENDA ITEM NO. 5.

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

Page 17 ends

SECTION 4: RFP CONDITIONS AND PROPOSAL SUBMITTAL

4.1 Rights Reserved by the City
The City reserves the right, in its sole discretion, to pursue any or all of the following actions in regard to this RFP process:
• Issue addenda and amend the RFP and Draft Services Agreement. • Request additional information and/or clarification from proposers. • Extend the deadline for submitting proposals.
• Allow for the timely correction of errors/omissions and waive minor deviations. • Withdraw this RFP.
• Reject proposals that do not fully comply with the requirements detailed in this RFP, its attachments, addenda, or clarifications.
• Reject incomplete proposals; proposals containing errors, inconsistencies, false, inaccurate or misleading informatio n; proposals submitted after the deadline; and/or, proposals with other process or content errors or deficiencies.
• Reject a proposal if it is not in the best interest of the City and its residents and businesses. • Reject any or all proposals or portions of proposals. • Award one Agreement for all services requested through this RFP. • Award the New Agreement to a proposer based on a combination of its qualitative and quantitative attributes.
• Award the New Agreement to a proposer without further discussion or negotiation. • Negotiate changes in the services proposed and/or described in the RFP or to incorporate programs proposed by others, and negotiate changes to the Draft Services Agreement. • Negotiate with the selected Contractor for a later Commencement Date. • Select the proposal(s) that might not offer the lowest cost, but in the judgment of the City, is nevertheless deemed to offer the best value for the public and the City. • Issue subsequent RFP(s) for the same, similar, or related services at a later date. • Solicit subsequent requests for best and final offers. • Incorporate into the New Agreement any project or service described in response to this RFP without selecting the proposer that proposed the project or service. • Amend the City Municipal Code or other City ordinances, standards, and procedures. • Take any other actions the City deems are in the best interest of the City, its residents, and/or businesses.
998
AGENDA ITEM NO. 5.

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

Page 18 ends

4.2 Conflict of Interest and Prohibited Contracts
No Person performing services for the City, in connection with the establishment of any agreements or any projects resulting from this solicitation, shall have a financial or other personal interest , other than employment or retention by the City, in any contract or subcontract in connection with this solicitation or any resulting project. No officer or employee of such Person retained by the City shall have any financial or other personal interest in any real property acquired for this list or resulting project, unless such interest is openly disclosed upon the public records of the City and such officer, employee, or Person has not participated in the acquisition of such property for or on behalf of the City.

The City shall not contract with, and shall reject , any proposal submitted by the Persons or entities specified below, unless the City Council finds that special circumstances exist that justify the approval of such a contract.
• Persons employed by the City or public agencies for which the City Council are the governing body. • Profit-making firms or businesses in which employees described in this solicitation serve as officers, principals, partners, or major shareholders.
• Persons who, within the immediately preceding 12 months, came within the provisions this solicitation and who : (1) were employed in positions of substantial responsibility in the area of service to be performed by the contract; or, (2) participated in any way in developing the contract or its service specifications.
• Profit-making firms or businesses in which the former employees described in this solicitation serve as officers, principals, partners, or major shareholders. • Person who currently serve on a City Board or Commission per CMC 2.15.030.

By submitting a proposal for any services identified herein, proposer is certifying that the proposer firm has complied with the above provisions and that any ensuing contract will be valid.

4.3 General RFP Agreements
This RFP shall not be construed by any party as an agreement of any kind between the City, proposer, and other parties.

This RFP does not obligate the City to accept any proposal, negotiate with any proposer, award a service agreement, or proceed with the development of any project or service described in response to this RFP.

The City has no intention or obligation to compensate any proposer for its expense of preparing its proposal and participating in this procurement process.

Submission of a proposal shall constitute acknowledgment and acceptance of all the terms and conditions contained in this RFP and Draft Services Agreement, including all addenda or amendments issued by the City per the schedule provided in this RFP with the exception that proposers may take exceptions to the RFP and Draft Services Agreement in accordance with Section 5. 7 of this RFP. Submittal of a proposal signifies proposer’s commitment to provide the proposed services, if selected. The selected proposer shall be bound by the proposal they submitted. Proposals may not be altered after submittal, except in response to the City’s request for clarification. In addition, all aspects, conditions, and components of proposals submitted shall be valid for one year from the date of submission. 999
AGENDA ITEM NO. 5.

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

Page 19 ends

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 October 30.
1000
AGENDA ITEM NO. 5.

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 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). 1001
AGENDA ITEM NO. 5.

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

Page 21 ends

All proposals must be received by 2:00 p.m. on 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}

1002
AGENDA ITEM NO. 5.

City of Clovis Section 5: Proposal Submittal Requirements RFP for Collection and Processing Services

Page 22 ends

SECTION 5: PROPOSAL SUBMITTAL REQUIREMENTS
Section 5 includes the required proposal outline and a description of the specific information proposers must include. Failure to provide all the required information may be grounds for rejection of a proposal.

5.1 Proposal Outline
Proposer shall present its proposals in accordance with the outline provided in Figure 12. At proposer’s option, the proposer may include additional information or data on other relevant topics or more detail on the information requested herein that is relevant to the proposal. Any additional information shall be included as attachments to the proposal.

Figure 12: Proposal Outline
i. Title Page

ii. Cover Letter (signed by the designated representative authorized to bind the proposer as shown on Secretary’s Certificate, Attachment E)

iii. Table of Contents

ES Executive Summary

1. Company Description
A. Corporate Structure
B. Description of Proposer’s Collection Experience
C. Description of Proposer’s Service Initiation Experience D. Key Personnel
E. Labor Agreements and Wages
F. Financial Information
G. Past Performance Record

2. Technical Proposal for Services
A. Recyclable Materials Collection
B. Recyclable Materials Processing
C. Recyclable Materials Marketing
D. Organic Materials Collection
E. Organic Materials Processing
F. Organic Materials Marketing
G. Ancillary Services
H. Optional Services
I. Implementation Plan
J. Customer Service
K. Electronic Monitoring and Communication System
L. Environmental Issues
M. Public Education and Outreach Plan
1003
AGENDA ITEM NO. 5.

City of Clovis Section 5: Proposal Submittal Requirements RFP for Collection and Processing Services

Page 23 ends

N. Other Required Plans
O. Subcontracting
P. Billing
Q. Corporation Yard and Maintenance Facilities

3. Financial and Cost Proposal

4. Exceptions to the Draft Services Agreement

5. Other Proposal Forms
A. Secretary’s Certificate
B. Anti-Collusion Affidavit
C. Iran Contracting Act Certification

6. Additional Information (Optional)

5.2 Cover Letter
The cover letter shall clearly identify the legal entity(ies) submitting the proposal and state whether each entity is a sole proprietorship, partnership, corporation, or joint venture. The cover letter shall be signed by the designated representative authorized to bind the proposer as documented on the Secretary’s Certificate. In the cover letter, proposer shall acknowledge all addenda to the RFP it received by providing a list of the addendum and date of issuance.

5.3 Executive Summary
Proposer shall provide an executive summary to introduce its proposal, present its strategy and costs, and highlight unique aspects of its approach to servicing the City. The executive summary can be used to highlight any additional programs, service enhancements, or other innovations proposed.

5.4 Company Description

5.4.1 Corporate Structure
In its proposal, proposer shall:

1. Confirm that proposer is authorized to conduct business in the State of California.

2. Identify the legal entity that would execute the New Agreement. State whether each entity is a sole proprietorship, partnership, corporation, or joint venture. Describe in detail the relationship of the proposer to the executing entity. If the proposer is a joint venture, describe where the entities have collaborated before.

3. State the number of years the entity(ies) have been organized and doing business under this legal structure. Proposal must include all the names of company’s (and executing entities’ if different than company’s) owners/stockholders with greater than a 10% holding and creditors owed a debt greater than 10% of the company's total assets.
1004
AGENDA ITEM NO. 5.

City of Clovis Section 5: Proposal Submittal Requirements RFP for Collection and Processing Services

Page 24 ends

4. Identify other businesses with ownership by principals and/or management.

5. Describe all services to be performed by Subcontractors and identify each Subcontractor by name.

Proposer shall describe any current or past working relationship with the Subcontractor(s) in the past five years.

5.4.2 Description of Proposer’s Collection Experience
Proposer must describe its experience providing similar services (preferably serving jurisdictions in California of similar or larger size and similar demographics to the City). Proposer’s description for each comparable jurisdiction shall include:

1. The name of the jurisdiction where the services were provided, Commencement Date of services and Term of the Agreement.

2. The service provided (e.g., Recyclable Materials Collection, Organic Materials Collection, Materials Processing, and other unique Collection and/or Processing programs at proposer’s discretion).

3. The name, address, and telephone number of the jurisdiction’s representative responsible for administering the New Agreement.

4. The number of Single-Family, Multi-Family, and Commercial Customers served; Tons Collected and Tons Diverted; and type and number of vehicles dispatched per day.

5.4.3 Description of Proposer’s Service Initiation Experience The City is interested in learning about each proposer’s experience with implementation of new franchise and/or service agreements and new programs (such as the roll-out of Food Scrap Recycling service for Multi-Family and Commercial Customers). This information is particularly important due to the City's aggressive implementation timeline. Each proposer should clearly demonstrate in its proposal the ability to meet this timeline (or any additional time that may be needed for procurement and delivery of equipment). Include a minimum of three reference projects for which the proposer has initiated a new Collection contract and/or new Collection services. For each reference program, the description shall include:

1. The name of the jurisdiction where the services were provided and commencement date and term of the agreement.

2. The service initiation performed (i.e., initiation of a new franchise and/or service agreement, universal roll-out/distribution of Recycling service to all Multi-Family and Commercial accounts, Multi-Family and Commercial Organic Waste Collection, etc.).

3. The name, address, and telephone number of the jurisdiction’s representative responsible for administering the agreement.

4. The number of Residential and Commercial Customers served.

5. Description of how the company handled the specific requirements for the procurement of vehicles and personnel; training of personnel; billing and fee collection services; determination of 1005
AGENDA ITEM NO. 5.

City of Clovis Section 5: Proposal Submittal Requirements RFP for Collection and Processing Services

Page 25 ends

routes and operating procedures; delivery of Containers; public education; and, the preparation of procedures to ensure a smooth transition from one company to another and one type of service to another.

6. Identification of problems that occurred during the initiation of the new contract or service and solutions implemented to solve the problem(s).

5.4.4 Key Personnel
Provide an organization chart for key personnel . Identify key personnel the proposer plans to assign to:
(1) the transition team; and, (2) the ongoing management of the services provided under the Draft Services Agreement. At a minimum, p rovide the name, contact information , job description, and qualifications for the following key personnel (or equivalent position). Staff may overlap in responsibilities (ex: the General Manager may act as the Government Liaison) or be dedicated part-time to the City. • Regional Manager
• General Manager
• Operations Manager
• Customer Service Manager
• Diversion Coordinator(s)
• Government Liaison
• Service Liaison
If specific individuals have not been identified for one or more positions, provide the job description and/or hiring criteria that will be used to select the individual.

5.4.5 Labor Agreements and Wages
If services will be provided under an existing labor agreement, provide a copy of such agreement. Identify if and when the proposer plans to enter into any labor agreements and describe the nature of the agreement.

5.4.6 Financial Information
Submit proposer financial statements (preferably audited) for the most recently completed fiscal year. All such statements are to be prepared in accordance with Generally Accepted Accounting Principles applied on a consistent basis including a statement by the chief financial officer of your firm that there has been no material adverse change in such condition or operations from that reflected in the submitted balance sheet and income statements since the date on which they were prepared. If proposer is a wholly owned subsidiary of a parent company, also submit financial statements for the parent company for the most recently completed fiscal year.
1006
AGENDA ITEM NO. 5.

City of Clovis Section 5: Proposal Submittal Requirements RFP for Collection and Processing Services

Page 26 ends

5.4.7 Past Performance Record

1. Litigation and Regulatory Actions. Describe past and pending civil, legal, regulatory, and criminal actions (including arrests, indictments, litigation, grand jury investigations, etc.) now pending or that have occurred in the past five years against key personnel (as identified by the proposer in Section 5.4.4), proposing entity, its parent company, and all subsidiaries owned by proposing entity, including any proposed Subcontractors.

2. Payment of Fines, Penalties, Settlements, or Damages. Provide a statement disclosing any and all fines, penalties (including Liquidated Damages or administrative fees), settlements, or Liquidated Damages of any kind paid by proposer, its parent company , subsidiaries, and any proposed Subcontractors, to any public agencies in the past five years. This shall include any penalties, fee payments, settlements, or any other form of consideration related to the proposer’s failure to achieve Diversion requirements or any other stated performance standard of a contract with a public agency. For each payment, list the amount the company has paid , the name of the jurisdiction to which damages were paid, and the event(s) that triggered the damages. Identify what personnel and/or policy changes the company made in response to such incidents ( e.g., terminated or reassigned employees involved, new process protocols).

3. Satisfactory Performance in Other Agreements. Provide a list of all other agencies where similar franchise and/or service Collection or Processing services are performed by proposer along with contact information for that agency’s contract manager. The City reserves the right to conduct reference checks and satisfaction interviews with any current or past municipal agencies that proposer discloses or City determines the proposer has contracted with previously.

With regard to the items requested in this Section 5.4.7, proposers who operate in multiple states with independent management structures need only report such actions relative to the operations in California. Similarly, proposers who operate landfill facilities need not disclose information about those facilities, as they are beyond the scope of the services requested here.

Note: The occurrence of past or pending civil, legal, regulatory, or criminal actions does not automatically disqualify a company from participating in this process. However, failure to report such actions, whether discovered before or after City executes the New Agreement, shall be considered a material omission and may form the basis for disqualifying a proposer or terminating the New Agreement. Material omissions may constitute fraud in the inducement of a public contract, and if such omissions are discovered, the City reserves all rights and remedies available under the law.

5.5 Technical Proposal for Services
Proposer shall describe how it plans to perform the Collection and Processing services requested in Section 3 of this RFP and described in the Draft Services Agreement. When presenting information requested herein, proposer shall explain the method of delivering the services, equipment selected, routing strategies, and methods for Collecting, Processing, and marketing materials. The description shall also note differences (for different Customer Types) in terms of routing strategies, Collection methods, vehicles, Collection crew size, etc. In addition, proposer must describe in detail why its technical approach to the services was chosen and its advantages to the City. 1007
AGENDA ITEM NO. 5.

City of Clovis Section 5: Proposal Submittal Requirements RFP for Collection and Processing Services

Page 27 ends

If a proposer has presented information for one type of service that is the same for another type of service, proposer may refer to its previous description rather than reiterating the discussion in its proposal. For example, if Single-Family Recyclable Materials and Organic Materials Collection vehicles are the same, the vehicle description can be provided once for the Recyclable Materials Collection service and then referenced for the Organic Materials Collection service.

5.5.1 Recyclable Materials Collection
Proposer shall describe how it plans to perform each of the services requested in the RFP and described in detail in the Draft Services Agreement. Specifically, information should separately address Single- Family, Multi-Family, and Commercial Customers as well as City facilities and special events. If the proposed Collection methodology from one Customer/material type to the next is largely the same, proposer may identify this, and highlight the differences between the proposed approaches, as opposed to repeating the same information multiple times. Proposers shall also identify how Tonnage will be allocated between Customer Types (e.g., Single-Family, Multi-Family, Commercial, etc.) in the event that multiple Customer Types are Collected on a single route (e.g. , Recyclable Materials Cart service route).

Include at a minimum:

1. Collection methodology.

2. Equipment to be utilized (e.g., equipment/vehicle description, number, types, cost, capacity, age).

3. Standard crew size.

4. Number, types, sizes, and manufacturer’s specifications of Containers to be utilized.

5. A list of all the Recyclable Materials to be Collected, Processed, and marketed under the New Agreement. This list shall include those items defined as “Recyclable Materials” in Exhibit A of the Draft Service Agreement but may be expanded to include additional materials.

If the proposed methodology or equipment relies on co-Collection vehicles , split Containers, or an uncommon method , proposer must provide the names of jurisdictions where the proposed equipment/method is currently being used as it is proposed. Also, describe in detail how this Collection technology will work, why it was chosen for the City , and how it will benefit and work in the City specifically.

5.5.2 Recyclable Materials Processing
The following information is required for Recyclable Materials Processing services:

1. Estimated annual Tons by type of Recyclable Materials that will be Collected (by account type), Processed, and marketed.

2. Name and description of Transfer and Processing Facility(ies) where Recyclable Materials will be handled, name of Owner and operator of the facility(ies), state ment of whether facility has all necessary permits as required by Applicable Law, proof of permitted capacity, gross Processing fee per Ton, anticipated revenue/cost per Ton, method of future Processing fee adjustments, Tonnage commitment for the Term of the New Agreement, and method of tracking Tonnage if the facility is receiving Tonnage from other jurisdictions. 1008
AGENDA ITEM NO. 5.

City of Clovis Section 5: Proposal Submittal Requirements RFP for Collection and Processing Services

Page 28 ends

3. If the proposer is not the Owner/operator of the Processing Facility, provide a letter of commitment, for the Term of the New Agreement, from the Processing Facility Owner/operator guaranteeing sufficient Tonnage capacity and adherence with the Processing requirements of the Draft Services Agreement. Additionally, please include a compensation adjustment methodology for the cost per Ton.

4. Description of the types of acceptable materials to be Collected, highlighting materials beyond those specified in the Draft Services Agreement. Describe the benefits, limitations, contamination issues, and markets that will impact the program.

5.5.3 Recyclable Materials Marketing
Each proposer shall describe its Recyclable Materials marketing plan, including the following information:

1. Describe the marketing methods and approach (e.g., long-term contracts), targeted primary and contingent markets (specifically to whom materials will be sold), pricing policy , and assumed market value for each Collected type of Recyclable Materials products (supported by average monthly prices by type and grade of material over the past 12 months).

2. Describe how proposer will handle fluctuations in quantity and composition of Recyclable Materials.

3. Describe how proposer will respond to severe market demand and pricing fluctuations, which should address emergency storage of Recyclable Materials.

4. Describe how the proposer will maximize Diversion of Recyclable Materials and minimize Disposal.

5.5.4 Organic Materials Collection
Proposer shall describe how it plans to perform the services requested in the RFP and described in detail in the Draft Services Agreement. Specifically, information should separately address Single-Family, Multi- Family, and Commercial Customers as well as City facilit ies and special events. In the event that the proposed Collection methodology from one Customer/material type to the next is largely the same, proposer may identify this, and highlight the differences between the proposed approaches, as opposed to repeating the same information multiple times. Proposers shall also identify how Tonnage will be allocated between Customer Types (e.g. , Single-Family, Multi-Family, Commercial) in the event that multiple Customer Types are Collected on a single route (e.g. , Organic Materials Cart service route).

Include at a minimum:

5. Collection methodology, including discussion of special methods for Collecting in narrow streets, courts, and alleys.

6. Equipment to be utilized (e.g., equipment/vehicle description, number, types, cost, capacity, age), all of which must be reasonably expected to provide service throughout the Term of the New Agreement.
1009
AGENDA ITEM NO. 5.

City of Clovis Section 5: Proposal Submittal Requirements RFP for Collection and Processing Services

Page 29 ends

7. Description of the types of acceptable materials to be Collected, highlighting materials beyond those specified in the Draft Services Agreement. Describe the benefits, limitations, contamination issues, and markets that will impact the program.

8. Types, costs, number, and manufacturer’s specifications of Containers to be utilized.

9. Standard crew size.

10. A list of all the Organic Materials to be Collected, Processed, and marketed under the New Agreement. This list shall include those items defined as “ Organic Materials” in Exhibit A of the Draft Service Agreement but may be expanded to include additional materials (i.e., pizza boxes, napkins, palm fronds, pumpkins, horse manure, animal waste).

11. If plastic or Compostable Plastic bags will be allowed in Organic Materials Containers.

If the proposed methodology or equipment can be considered non -standard (e.g., co-Collection vehicles or split Containers), proposer must provide the names of jurisdictions where the proposed equipment is currently being used as it is proposed. Also, describe in detail how this Collection technology will work, why it was chosen for the City, and how it will work in the City specifically.

5.5.5 Organic Materials Processing
The following information is required for Organic Materials Processing services:

1. Estimated annual Tons that will be Collected (by account type), Processed, and marketed.

2. Name and description of Transfer and Processing Facility(ies) where Organic Materials will be handled, name of Owner and operator of the Facility(ies), proof of permitted capacity, and method of tracking Tonnage if the facility is receiving Tonnage from other jurisdictions.

4. Description of the types of acceptable materials to be Collected, including plastic or Compostable Plastic bags. Describe the benefits, limitations, contamination issues, and markets that will impact the program. If plastic or Compostable Plastic bags will be accepted in Organic Materials Containers, proposers shall identify any difference in Processing costs (compared to unbagged materials) in the cost proposal forms.

5.5.6 Organic Materials Marketing
Each proposer shall describe its Organic Materials marketing plan, including the following information:

City of Clovis Section 5: Proposal Submittal Requirements RFP for Collection and Processing Services

Page 30 ends

market value for Organic Materials products (supported by average monthly prices by type and grade of material over the past 12 months).

2. Describe how proposer will handle fluctuations in quantity and composition of Organic Materials.

3. Describe how the proposer will maximize Diversion of Organic Materials and minimize landfilling.

5.5.7 Ancillary and Optional Services
Each proposer shall describe its plan to implement the programs listed below (as described further in Draft Services Agreement), including Collection and proper Diversion or Disposal of materials as applicable.

Please note that all p rograms (including “Optional” programs) shall be included in proposer’s proposal; “Optional” indicates that the City Council may elect to include these programs.

5.5.7.1 Ancillary Services

1. Holiday Tree Collection. Curbside Collection of holiday trees for 14 Working Days beginning December 26, free of any additional charge.

2. Used Motor Oil and Filter Collection Program. The selected proposer shall Collect Used Motor Oil and Filters placed Curbside for Collection (maximum of 2.5 gallons per Dwelling Unit per week), at no additional charge to Customers.

3. Sharps Collection Program. The selected proposer shall provide Customers with Sharps Waste Collection or mail -back service, upon request. Such service shall include providing detailed instructions for participation in the Sharps Waste program. Customers using the Sharps Waste program will receive one Sharps Waste Container/mailing kit per calendar year at no additional charge. Additional Sharps Waste Containers/mailing kits shall be provided for a fee.

4. Battery and Cellphone Collection Program. The selected proposer shall Collect discarded batteries and cell phones placed for Collection in Customer-provided, clear, zip-lock or tie- close plastic bags on top of Recyclable Materials Carts or as coordinated with the property manager or Owner as described in the Draft Services Agreement.

5.5.7.2 Optional Services

1. Multi-Family Kitchen Pail Program (Optional). The selected proposer shall provide countertop Food Scrap Collection Containers (kitchen pails) to each Multi-Family Dwelling U nit during implementation for participation in the Organic Materials Collection program.

2. Commercial Container Cleaning or Exchanges (Optional). The selected proposer shall describe how it plans to offer clean Containers to Commercial Customers, either through Container cleaning services or Container exchanges at least once per year . This may be included in the proposed Rates or offered as a stand-alone service. If included in the proposed Rates, proposers may propose Rates for Container cleaning or exchange services in excess of once per year. 1011
AGENDA ITEM NO. 5.

City of Clovis Section 5: Proposal Submittal Requirements RFP for Collection and Processing Services

Page 31 ends

5.5.8 Implementation Plan
Provide a detailed implementation plan describing the proposed approach to facilitating a smooth transition between changes in service and service providers, if applicable. Proposer should clearly demonstrate the ability to implement the services in accord ance with the schedule shown in Section 1, including meeting equipment, personnel, administration, maintenance, and public education requirements. Proposers should describe the assumptions regarding City staff participation and, as appropriate, the Incumbent Service Provider’s participation.

The City is aware of the short period of time between the date the City Council is anticipated to select the successful proposal and the start of services on August 1, 2025. If proposer is unable to provide all services described in Section 3 (including Recyclable Materials and Organic Materials Collection services for all Customers) on August 1, 20 25, the City is still interested in receiving a proposal based on an implementation plan and start date(s) that the proposer will be able to meet. If additional time is required to implement services, please provide an alternate schedule that proposer commits to.

5.5.9 Customer Service
To ensure that Customers in the City obtain exemplary, professional, and courteous Customer service, proposer shall develop and submit as part of its proposal a Customer service plan that includes the following:

1. Describe the location where proposer’s Customer service operation will be housed. The City requires a local office located within the City, operated from 8 a.m. to 5 p.m. Monday to Friday, as described in Section 4.8.1. in the Draft Services Agreement.

2. Describe how the Complaint tracking and reporting system will adequately address missed pick - ups to guarantee that all missed pick -ups are Collected within 24 hours of notification by Customer. In addition, describe procedures to satisfactorily respond to, record, and report other common Customer Complaints such as: spills and litter resulting from Collection; Collection schedule changes; broken or missing Containers; noise complaints; traffic and sidewalk obstruction during Collection; and, safety around Collection vehicles during operations.

3. Specify the number of full-time equivalent Customer service representatives (CSR) that will serve the City. Describe how calls will be handled/reported, how many calls are expected per CSR, and describe any changes you will make to your current CSR operation to accommodate the City. The City requires dedicated Customer service representation located within the City; overflow calls may be routed to a call center. The City encourages systems that connect Customers to a live representative as soon as possible.

4. Describe the proposed approach to respond to and address events of deliberate non -Collection (in addition to leaving physical Non-Collection Notices). For details regarding the Non-Collection Notices, please see Section 4.11 of the Draft Services Agreement.

5. Confirm that the company has a website that Customers may access to obtain Customer Rates, service information, pay bills, and to submit inquiries or Complaints and provide website address, if applicable (or example of similar website provided to another jurisdiction) . Confirm that Customers can email their queries and specify the maximum turn-around time for responses. 1012
AGENDA ITEM NO. 5.

City of Clovis Section 5: Proposal Submittal Requirements RFP for Collection and Processing Services

Page 32 ends

6. Describe any other strategies and/or methods the proposer will implement to ensure that Customers receive exemplary Customer service throughout the Term of the New Agreement.

5.5.10 Electronic Monitoring and Communication System
Proposer shall describe the management systems and Customer service systems it plans to use to manage inquiries and Complaints received from Residential and Commercial Customers. The description of the management systems and Customer service systems shall include:

1. Name, type of equipment, software used to maintain routing and Customer service information, and period of time the proposer has operated this system.

2. Management procedures for managing inquiries and Complaints and procedures used to minimize Complaints (e.g., missed pick-ups, noise, spills).

3. The ability of the system to provide read -only access to City staff in order to see live updates on route status. The City will need to view live truck locations and tracking progress toward completing the daily routes in order to respond to Residential calls and Complaints.

4. Description of whether individual call centers are established for each service area or if Customer calls are handled by a centralized call center and identification of the location of the call centers that will be used. Please note that the City requires dedicated Customer service representatives located within the City; this description is related to overflow calls that may be routed to a call center.

5. Description of proposer’s internal performance standards/targets as well as procedures used to satisfactorily respond to, record, and report common Customer Complaints such as: missed pick- ups; spills and litter resulting from Collection; Collection schedule changes; broken or missing Containers; improperly prepared set -outs; noise complaints; traffic and sidewalk obstruction during Collection; and, safety around Collection vehicles during operations.

6. Description of how the proposer measures Customer service with regard to the call center’s responsiveness and accuracy of responses, as well as the quality of Collection service.

Identification of specific performance metrics or targets your company tracks. Provision of copies of actual reports for at least three jurisdictions that document the actual performance level against your targets including, at a minimu m, average hold times of the Customer service call center and missed pick-ups.

7. Demonstration of the ability to report the information required in Article 6 and Exhibit D of the Draft Services Agreement if not demonstrated through the presentation of information required above.

5.5.11 Environmental Issues
As appropriate, address the following points and provide additional information, as needed, for preliminary environmental review of proposed services.
1013
AGENDA ITEM NO. 5.

City of Clovis Section 5: Proposal Submittal Requirements RFP for Collection and Processing Services

Page 33 ends

1. Excluded Waste Management. Describe procedures for identifying and handling Excluded Waste included in the Recyclable or Organic Materials stream. The plan should describe screening procedures, a notification plan, and an employee training program.

2. Litter abatement program. Describe procedures for preventing spills or leaks of material placed for Collection (preventing windblown litter during material Collection and Transport ), fuel, and other vehicle fluids while providing services under th e New Agreement including driver training on litter reduction techniques and litter removal best management practices.

5.5.12 Public Education and Outreach Plan
The City places the utmost importance on effective public education and promotion as the key to helping residents and businesses understand more about source reduction, reuse, Composting, and Recycling.

Each proposer shall develop a public education plan for Rate Period One, which will ultimately be included as Exhibit C to the New Agreement. While the City encourages each proposer to use their own knowledge and expertise to develop the proposed public education plan, the City requests that each proposed plan describe, at a minimum, the following:

1. Public education programs that will be implemented to educate Single-Family, Multi-Family, and Commercial Customers on the Recyclable Materials and Organic Materials Collection programs.

2. Plans for complying with the education and outreach requirements of Applicable Law, including but not limited to AB 939, AB 1826, AB 341, and SB 1383.

3. Description of proposer’s strategy for developing and using a website or webpage specific to the City to provide Customers with access to service information, Rates, and other public education information. Include links to example websites.

4. Description of your approach to facilitating the City’s desired non-Collection, courtesy noticing, and contamination fee program as described in Draft Services Agreement Section 4.11. Please include sample non-Collection and/or courtesy notices, noting that the City encourages proposers to utilize innovative and proactive strategies for using such notices as public education opportunities.

5. Description of your strategy for communicating to Customers how to properly dispose of HHW, Sharps Waste, and other difficult-to-handle materials.

6. Plans for presentations to schools and other community organizations.

7. Participation at City-sponsored or other special events, such as booths, displays, sponsorship, parade floats, farmers markets, etc.

8. Schedule, type, and quantity of information that will be distributed (e.g., newsletter, brochures).

9. Proposed number of employees, their job functions, and number of hours per week that will be devoted to the promotion and maintenance of education programs in the City.

10. Public education and outreach Subcontractors (if any), and their qualifications, years of experience, and references.
1014
AGENDA ITEM NO. 5.

City of Clovis Section 5: Proposal Submittal Requirements RFP for Collection and Processing Services

Page 34 ends

11. Samples of similar educational materials, which may have been used in other programs, particularly those related to Recyclable Materials Collection and Organic Waste Collection programs.

12. Proposed budget for public education and outreach during the start-up period of the contract and on an annual basis thereafter (noting the required minimum annual public education budget described in Exhibit C of the Draft Services Agreement)*.

13. Other aspects or unique features of the proposed public education and outreach plan. *Proposers must also reflect the required minimum annual public education budget described in Exhibit C of the Draft Services Agreement (or higher amount, at proposer’s option) in the cost proposal forms.

5.5.13 Other Required Plans

1. SB 1383 Implementation and Monitoring Plan. Contractor will be required to provide all program elements required by Applicable Law for mandatory Recyclable Materials and Organic Materials including, at a minimum, the provision of Collection services for Recyclable Materials and Organic Materials, education, outreach, contamination monitoring (route reviews), and reporting for all Premises covered by the regulations. Proposers must describe their approach to performing Customer education, outreach, contamination monitoring (route reviews), recordkeeping, and reporting as part of their proposal.

2. Litter Prevention/Abatement Plan. A common concern among Customers is the amount of litter left behind during and after the provision of Collection services. The City understands that many pieces of litter that spill during Collection are of such a small size that it may become challenging for route drivers to Collect them manually during the course of regular Collection operations.

Proposers must describe their approach to either preventing such litter during Collection operations or to effectively abate it afterwards. Proposers should include any costs related to litter prevention/abatement in the proposal.

3. Skilled Driver Recruiting, Training, and Retention Plan. The selected proposer will be expected to perform c onsistent and reliable Collection services within the City. Proposers must describe their approach to recruiting, training, and retaining a sufficient number of skilled drivers to perform the services outlined in the Draft Services Agreement.

4. Local Purchasing Preference. The City is interested in investing in the local economy , and the selected proposer will be encouraged to purchase materials and services from businesses located in the City to the extent possible. Proposers must describe what materials and/or services will be procured from local businesses, including but not limited to office supplies, printing and mailing of educational materials, and vehicle equipment and maintenance (such as tires, oil, etc.).

5.5.14 Subcontracting
Identify by name and describe all services to be performed by any Subcontractors. 1015
AGENDA ITEM NO. 5.

City of Clovis Section 5: Proposal Submittal Requirements RFP for Collection and Processing Services

Page 35 ends

5.5.15 Billing
The City will bill all Residential Customers (Single- and Multi-Family) for all Collection services as well as Commercial Solid Waste services. The selected proposer will bill Commercial Customers for Recyclable Materials services, Organic Materials services, and ancillary services. To ensure that Customers in the City obtain competent, professional, and courteous Customer service with regard to billing matters, proposer shall:
• Provide sample Customer billings and a listing of jurisdictions where proposer currently provides billing services, including a contact name and phone number. • Describe its procedures for dealing with Customer service, with regard to customer billing demands during the transition and throughout the Term of the New Agreement.

5.5.16 Corporation Yard and Maintenance Facilities
Describe the proposed location(s) of the corporation yard for Collection vehicle s parking, Collection Container storage, employee parking, vehicle and equipment maintenance facilities, offices, and Transfer operations (if necessary) . If the facility(ies) are currently operational and Owned or leased by the proposer, describe plans , if any, to modify or expand the facility(ies). If the facility(ies) need to be purchased, leased, and/or developed by the proposer, describe the acquisition and development plans , describe contingency plans in the event the proposed site is not available (or suitable) or in the event the acquisition and development timeline is delayed, and indicate willingness to stand by the proposed costs and Rates if proposer has to secure a site other than described in its proposal.

5.6 Financial and Cost Proposal
Proposers shall provide the following:
• Financing Plan. Describe the proposed plan for financing capital requirements in a "Sources and Uses of Funds" format that describes the sources of required capital (e.g., banks, leasing companies, cash reserves) and uses ( e.g., property, trucks, equipment, Containers, reserves).

Attach such supporting documents that demonstrate proposer’s ability to implement the plan.

Proposers should provide written documentation (e.g., letters from banks or leasing companies) demonstrating their ability to finance the capital requirements. • Cost and Rate Proposal. Proposer is required to submit a cost proposal using Forms 0 through 7 provided for this purpose in Attachment B. On the cost proposal forms, the proposer is required to present operating statistics, its annual cost proposal, and its Rate proposal.

The estimated total annual revenue on Forms 6 through 7 is to tie to the total costs on Forms 4 and 5 (plus or minus $1,000). Please note that for the purposes of evaluating the Rate proposal, the City may develop its own estimation of the future Customer participation levels and use its assumptions to compare one proposer’s Rate proposal to other proposer’s Rate proposal.

Revenue Share. Propose a Recyclable Materials sales revenue sharing amount (cost per Ton) for Rate Period One by which proposer would share revenues received from marketing Recyclable Materials Collected under the Draft Services Agreement with the City. 1016
AGENDA ITEM NO. 5.

City of Clovis Section 5: Proposal Submittal Requirements RFP for Collection and Processing Services

Page 36 ends

5.7 Exceptions to the Draft Services Agreement
To provide proposers with a better understanding of the anticipated responsibilities, rights, and obligations of the selected proposer and the City, a Sample Draft Services Agreement has been included as Attachment A to this RFP. Proposers should review the Draft Services Agreement prior to submittal of proposals to the City. This review process allows proposers to prepare their proposal and costs for services with full consideration and understanding of the anticipated responsibilities, rights and obligations the City is seeking.

The City provided the Sample Draft Services Agreement to serve as a sample for an agreement to be negotiated between the City and the selected proposer, and the parties will approve and sign an agreement in substantially the same form as presented in Attachment A. Any proposed exceptions to the RFP and/or the proposed terms and conditions of the Sample Draft Services Agreement shall be documented in redline/strikeout format by the proposer in their submittal of the complete Draft Services Agreement. For each exception noted, the proposer shall provide alternative language for the City’s consideration.

The City reserves the sole discretion and right to determine if any noted exceptions are acceptable to the City. The number and nature of the comments /exceptions will be considered during the proposal evaluation process. If the City chooses to enter into negotiations with a proposer, the comments/exceptions noted and recommended alternative agreement language will serve as a starting point for discussion of alternative text or terms.

The proposer will be deemed to have accepted and agreed to any provisions of the RFP and/or proposed terms and conditions of the Sample Draft Services Agreement that have not been noted as exceptions in the proposal. Provided, however, the City reserves the right to modify provisions included in the Sample Draft Services Agreement or include new provisions not included in the Sample Draft Services Agreement during negotiations of the final agreement . With this understanding, the selected proposer may not initiate discussion with the City during negotiations related to the Sample Draft Services Agreement language for which no exceptions were noted , unless the City initiates discussion or has made changes during negotiations on the final agreement. The City intends to have the final Agreement, signed only by the proposer representing the proposer’s offer, in hand before the City Council makes the final Contractor selection and accepts the proposer’s offer and approves the final agreement . In the event that the City Council declines to accept and award a contract to the proposer, the agreement signed only by the proposer will be returned to the proposer and will not be signed by the City.

5.8 Other Proposal Forms

5.8.1 Secretary’s Certificate
Each proposer shall complete and submit the Secretary’s Certificate, Attachment E, documenting the designated representative authorized to bind the proposing company.

5.8.2 Anti-Collusion Affidavit
Each proposer shall complete and submit the Anti -Collusion Affidavit, Attachment C. The Anti-Collusion Affidavit shall be signed by the designated representative authorized to bind the proposing company as documented on the Secretary’s Certificate, Attachment E. 1017
AGENDA ITEM NO. 5.

City of Clovis Section 5: Proposal Submittal Requirements RFP for Collection and Processing Services

Page 37 ends

5.8.3 Iran Contracting Act Certification
Each proposer shall complete and submit the Iran Contracting Act Certification, Attachment G. The Iran Contracting Certification shall be signed by the designated representative authorized to bind the proposing company as documented on the Secretary’s Certificate, Attachment E.

5.9 Additional Information (Optional)
Additional information or data relevant to the proposal is optional and may be included by a proposer as an attachment(s) to the proposal at the proposer’s discretion.

{Remainder of page intentionally blank}

1018
AGENDA ITEM NO. 5.

City of Clovis Section 6: Proposal Evaluation Process
RFP for Collection and Processing Services

Page 38 ends

SECTION 6: PROPOSAL EVALUATION PROCESS
An evaluation committee will be comprised of City staff and may include outside agency representatives.

This evaluation committee will conduct a detailed evaluation of the proposals and provide a recommendation to the City Council, considering all of the factors below , with particular focus on the degree to which each proposal will help the City achieve the goals identified in Section 1.1. The City values cost-effectiveness; however, the recommendation of the evaluation committee will be based on best value, including all of the factors below. The City Council will review the committee’s recommendation for selection of the new Contractor. The City Council is not obligated to accept the committee’s recommendation and may act in its sole discretion. City staff will be responsible for negotiating the Draft Services Agreement. The City Council will ultimately be responsible for approval of the New Agreement.

The factors that may be considered by the evaluation team include, but are not limited to, the items below. Some or all of these factors may be considered by the evaluation team, and other factors not listed below may also be considered.

6.1 Proposer Qualifications
• Proposer’s Overall Experience – Demonstrated experience providing similar services. • Management Experience – Experience of key personnel.
• Current Experience with Cities of a Similar Size – Proposer’s capacity and capability to provide Residential and Commercial services to agencies similar in size to the City. • References – Satisfaction of proposer references with services received, including implementation, Customer service, and reporting.
• Material Recovery – Proposer’s percent of recovery and revenue sharing payments in other jurisdictions.
• Public Education – Proposer's public education experience.

6.2 Technical Proposal
• Implementation Plan – Reasonableness of implementation schedule and ability to meet deadlines (e.g., equipment procurement schedules, personnel available, back-up plan, notice to Customers). • Operations – Reasonableness of assumptions (e.g., number of routes and drivers). • Equipment – Reasonableness of Collection and Processing methodology. • Processing and Marketing – Reasonableness of plan and guaranteed capacity for Recyclable Materials and Organic Materials Processing and marketing. • Public Education – Comprehensiveness and soundness of proposed education and outreach program, staffing level, and program ideas.
• Diversion – Ability to achieve the City's Diversion goals. 1019
AGENDA ITEM NO. 5.

City of Clovis Section 6: Proposal Evaluation Process
RFP for Collection and Processing Services

Page 39 ends

• Customer Service – Soundness of Customer service approach, staffing levels, and staff training and retention programs.

6.3 Exceptions to the Terms and Condition
• Exceptions to the RFP and Draft Services Agreement – Number and nature of the exceptions.

6.4 Financial Ability
• Financing – Evidence that financing requirements will be fulfilled. Reasonableness of terms. • Financial Stability – Comparison of additional revenue from services under the Draft Services Agreement to proposer’s current revenue stream. Vulnerability of company based on its debt-to- equity ratio. Demonstrated ability of company to obtain adequate insurance.

6.5 Costs
• Costs – Reasonableness of the relationship between the proposed costs and operational assumptions.
• Competitiveness – Cost of service to Customers relative to other similar types of services in other jurisdictions and other proposals.
• Revenue Sharing – Proposed Recyclable Materials revenue sharing amount and arrangement.

6.6 Predictability
• Costs – Ability to provide assurance of Rate stability for Collection, Processing, and marketing for the Term of the New Agreement.
• Operations – Ability to provide efficient and timely service for the Term of the New Agreement.

1020
AGENDA ITEM NO. 5.

Attachment A:

Draft Agreement for Collection,
Processing, and Marketing
Services
(See Proposal Website)
Attachment A:

Draft Agreement for Collection,
Processing, and Marketing
Services
(See Separate Document)
1021
AGENDA ITEM NO. 5.

{This page intentionally left blank}

1022
AGENDA ITEM NO. 5.

AGREEMENT

BETWEEN

CITY OF CLOVIS
AND
________________________
FOR

RECYCLABLE AND ORGANIC MATERIALS COLLECTION,

PROCESSING, AND MARKETING SERVICES

DATED: _________

1023
AGENDA ITEM NO. 5.

-i- City of Clovis/COMPANY
Service Agreement
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 ................................ ................................ ................ 7

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 ................................ ................................ ...........................16

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

4.9 RESERVED ................................ ................................ ................................ ................20

4.10 SERVICE EXEMPTIONS ................................ ................................ ............................22

4.11 CONTAMINATION MONITORING ................................ ................................ ............23 ARTICLE 5. STANDARD OF PERFORMANCE ................................ ................................ .......27

5.1 GENERAL ................................ ................................ ................................ ..................27

5.2 OPERATING HOURS AND SCHEDULES ................................ ................................ ...27

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

5.4 TRANSFER AND PROCESSING STANDARDS ................................ ...........................29

5.5 COLLECTION VEHICLE REQUIREMENTS ................................ ................................ 30

5.6 CONTAINER REQUIREMENTS ................................ ................................ ..................31

5.7 PERSONNEL ................................ ................................ ................................ ..............35

5.8 EXCLUDED WASTE INSPECTION AND HANDLING ................................ .................37

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

5.10 RESERVED ................................ ................................ ................................ ................38

5.11 LOCAL PURCHASING PREFERENCE ................................ ................................ ........38

5.12 DIVERSION REQUIREMENTS ................................ ................................ ...................38 1024
AGENDA ITEM NO. 5.

-ii- City of Clovis/COMPANY
Service Agreement
ARTICLE 6. RECORD KEEPING AND REPORTING ................................ .............................. 39

6.1 RECORD KEEPING ................................ ................................ ................................ ....39

6.2 REPORT SUBMITTAL REQUIREMENTS ................................ ................................ ...40

6.3 PERFORMANCE REVIEW AND AUDIT ................................ ................................ .....40 ARTICLE 7. CITY FEES ................................ ................................ ................................ ..........41

7.1 REVENUE SHARING ................................ ................................ ................................ .......41

7.2 AB939/SB 1383 FEE ................................ ................................ ................................ ..........41

7.3 PAYMENT SCHEDULE AND LATE FEES ................................ ................................ ..41 ARTICLE 8. CONTRACTOR’S COMPENSATION AND RATE SETTING............................... 42

8.1 GENERAL ................................ ................................ ................................ ..................42

8.2 RATES AND ANNUAL ADJUSTMENTS ................................ ................................ .....42

8.3 EXTRAORDINARY RATE ADJUSTMENTS ................................ ................................ 44 ARTICLE 9. INDEMNITY, INSURANCE, AND PERFORMANCE BOND ................................ 45

9.1 INDEMNIFICATION ................................ ................................ ................................ ..45

9.2 INSURANCE ................................ ................................ ................................ ..............47

9.3 PERFORMANCE BOND ................................ ................................ .............................49 ARTICLE 10. DEFAULT AND REMEDIES ................................ ................................ ..............50

10.1 EVENTS OF DEFAULT ................................ ................................ .............................. 50

10.2 CONTRACTOR’S RIGHT TO CURE; RIGHT TO TERMINATE UPON EVENT OF DEFAULT................................ ................................ ................................ .............................. 52

10.3 CITY’S REMEDIES IN THE EVENT OF DEFAULT ................................ .....................52

10.4 POSSESSION OF RECORDS UPON TERMINATION ................................ ...................53

10.5 CITY'S REMEDIES CUMULATIVE; SPECIFIC PERFORMANCE ................................ .53

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

10.7 EXCUSE FROM PERFORMANCE................................ ................................ ...............55

10.8 RIGHT TO DEMAND ASSURANCES OF PERFORMANCE ................................ .........55

CONTRACTOR AGREES THAT IF IT FAILS TO BEGIN COLLECTION SERVICES ON OR BEFORE AUGUST 1, 2025, AND SAID FAILURE TO BEGIN COLLECTION

SERVICE ON TIME IS NOT DUE TO ANY DEFAULT BY CITY OR IS NOT EXCUSED UNDER SECTION 10.7, THEN CONTRACTOR SHALL PAY CITY (OR CITY MAY DEDUCT FROM CONTRACTOR’S PAYMENTS) DAMAGES OF $2,000.00 PER

CALENDAR DAY UNTIL THE SERVICE IS STARTED OR THIS AGREEMENT IS TERMINATED FOR DEFAULT. ................................ ................................ .............................56

10.9 CITY’S RIGHT TO PERFORM SERVICE................................ ................................ .....56 ARTICLE 11. REPRESENTATIONS AND WARRANTIES OF THE PARTIES .........................58

11.1 CONTRACTOR’S CORPORATE STATUS ................................ ................................ ...58

11.2 CONTRACTOR’S CORPORATE AUTHORIZATION ................................ ...................58

11.3 AGREEMENT WILL NOT CAUSE BREACH ................................ ............................... 58

11.4 NO LITIGATION ................................ ................................ ................................ ........58

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

11.6 NO LEGAL PROHIBITION ................................ ................................ .........................59

11.7 CONTRACTOR’S ABILITY TO PERFORM ................................ ................................ .59 1025
AGENDA ITEM NO. 5.

-iii- City of Clovis/COMPANY
Service Agreement
ARTICLE 12. OTHER AGREEMENTS OF THE PARTIES ................................ ......................59

12.1 RELATIONSHIP OF PARTIES ................................ ................................ ....................59

12.2 COMPLIANCE WITH LAW ................................ ................................ ........................59

12.3 GOVERNING LAW ................................ ................................ ................................ ....59

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

12.5 BINDING ON SUCCESSORS ................................ ................................ ......................60

12.6 ASSIGNMENT ................................ ................................ ................................ ...........60

12.7 NO THIRD-PARTY BENEFICIARIES ................................ ................................ ..........61

12.8 WAIVER ................................ ................................ ................................ ....................62

12.9 NOTICE PROCEDURES ................................ ................................ .............................62

12.10 REPRESENTATIVES OF THE PARTIES ................................ ................................ ..63 ARTICLE 13. MISCELLANEOUS AGREEMENTS ................................ ................................ ..63

13.1 ENTIRE AGREEMENT ................................ ................................ ............................... 63

13.2 SECTION HEADINGS ................................ ................................ ................................ 63

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

13.4 AMENDMENTS ................................ ................................ ................................ .........64

13.5 SEVERABILITY ................................ ................................ ................................ .........64

13.6 COUNTERPARTS ................................ ................................ ................................ ......64

13.7 EXHIBITS ................................ ................................ ................................ ..................64

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

1026
AGENDA ITEM NO. 5.

Page 1 of 70 ends

Service Agreement
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 SERVICE AGREEMENT is made and entered into as of August 1, 2025 between the City of Clovis, 8 California, a municipal corporation (hereinafter “City”), and ______________, (hereinafter referred to as 9 the “Contractor”) (each a “Party” and collectively the “Parties”). 10 RECITALS 11
This Agreement is entered into with reference to the following facts and circumstances: 12 WHEREAS, City is a municipal corporation duly organized and validly existing under the laws of the State 13 of California with the power to carry on its business as it is now being conducted under the statues of the 14 State of California and the municipal code of the City. 15 WHEREAS, the Legislature of the State of California, by enactment of the California Integrated Waste 16 Management Act of 1989 (AB 939) (California Public Resources Code Section 40000 et seq.), has declared 17 that it is in the public interest to authorize and require local agencies to make adequate provisions for 18 Discarded Materials Collection within their jurisdiction; and, 19 WHEREAS, the State of California has found and declared that the amount of refuse generated in 20 California, coupled with diminishing Disposal capacity and potential adverse environmental impacts from 21 landfilling and the need to conserve natural resources, have created an urgent need for State and local 22 agencies to enact and implement an aggressive integrated waste management program . The State has, 23 through enactment of AB 939 and subsequent related legislation including, but not limited to : the Jobs 24 and Recycling Act of 2011 (AB 341), the Event and Venue Recycling Act of 2004 (AB 2176), SB 1016 25 (Chapter 343, Statutes of 2008 [Wiggins, SB 1016]), the Mandatory Commercial Organics Recycling Act of 26 2014 (AB 1826), and the Short-Lived Climate Pollutants Bill of 2016 (SB 1383) , directed the responsible 27 State agency, and all local agencies, to promote Diversion and to maximize the use of feasible waste 28 reduction, re-use, Recycling, and Composting options in order to reduce the amount of refuse that must 29 be Disposed; and, 30
WHEREAS, SB 1383 establishes regulatory requirements for jurisdictions, Generators, haulers, Solid Waste 31 facilities, and other entities to support achievement of State -wide Organic Waste Disposal reduction 32 targets; and, 33
WHEREAS, SB 1383 requires the City to implement Collection programs, meet Processing Facility 34 requirements, conduct contamination monitoring, provide education, maintain records, submit reports, 35 monitor compliance, conduct enforcement, and fulfill other requirements; and, the City has chosen to 36 delegate some of its responsibilities to the Contractor, acting as the City’s designee, through this 37 Agreement; and, 38
1027
AGENDA ITEM NO. 5.

Page 2 of 70 ends

Service Agreement
WHEREAS, pursuant to California Public Resources Code Section 40059(a)(2), the City has determined that 39 the public health, safety, and well-being require that an agreement be awarded to a qualified Contractor 40 to provide for the Collection , Processing, and marketing of Recyclable Materials and Organic Materials, 41 and other services related to meeting the City’s economic and environmental goals; and, 42 WHEREAS, the City further declares its intent to maintain reasonable Rates and high quality services for 43 the Collection, Recycling, Processing, and/or Composting of Recyclable Materials and Organic Materials; 44 and, 45
WHEREAS, the City desires, having determined that Contractor, by demonstrated experience, reputation, 46 and capacity is qualified to provide for both the Collection of Recyclable Materials and Organic Materials 47 within the corporate limits of the City, and the Transportation of such material to appropriate places of 48 Processing, Recycling, and/or Composting, that Contractor be engaged to perform such services on the 49 basis set forth in this Agreement; and, 50
WHEREAS, the City’s current Recyclable Materials and Organic Materials Collection agreements expire on 51 July 31, 2025. 52
NOW, THEREFORE, in consideration of the mutual promises, covenants, and conditions contained in this 53 Agreement and for other good and valuable consideration, the Parties agree as follows: 54 ARTICLE 1. 55
GRANT AND ACCEPTANCE OF SERVICE 56

1.1 GRANT AND ACCEPTANCE OF SERVICE 57
By the signing of this Agreement, City grants to Contractor and Contractor accepts the exclusive right and 58 privilege to Collect, Process, and market Recyclable Materials and Organic Materials generated within the 59 corporate limits of the City. The services granted to Contractor shall be for the scope of services described 60 in this Agreement , subject to the limitations described in Section 1.2 and except where otherwise 61 precluded by Federal, State, and local laws and regulations. 62

1.2 LIMITATIONS TO THE SERVICE 63
The award of this Agreement shall not preclude the categories of Recyclable Materials and Organic 64 Materials, or other materials listed below , from being delivered to and Collected and Transported by 65 others, provided that nothing in this Agreement is intended to or shall be construed to excuse any Person 66 from obtaining any authorization from City, which is otherwise required by law: 67 A. Recyclable and Organic Materials. Other Persons shall maintain the right to: (1) accept Source 68 Separated Recyclable Materials and Source Separated Organic Materials donated from the service 69 recipient, or (2) to pay the service recipient for Source Separated Recyclable Materials and Source 70 Separated Organic Materials provided that there is no net payment made by the service recipient 71 to such other Person. 72
B. Self-Hauled Materials. A Commercial business Owner or Resident may Dispose of Recyclable 73 Materials, and Organic Materials, generated in or on their own Premises and Transported 74 personally by the Owner or Resident of such Premises (or by their employee) to a Processing Site; 75 1028
AGENDA ITEM NO. 5.

Page 3 of 70 ends

Service Agreement
C. Construction and Demolition Debris (C&D). Other Persons shall have the right to Collect C&D, 76 provided that such Persons maintain a City -issued permit granting such right , and the C&D was 77 generated from a construction, demolition, alteration, or remodel project pursuant to a permit 78 issued by the City. 79
D. Donated or Sold Materials. Any items which are Source Separated at any Premises by the 80 Generator and (a) sold or (b) that are donated to youth, civic, or charitable organizations . 81 Materials will not be deemed donated if they are Collected by a waste hauler not subject to this 82 Agreement that is not a 501(c)(3) organization. 83
E. Edible Food. Edible Food which is Collected from a Generator by other Person(s), such as a Person 84 from a Food Recovery Organization or Food Recovery Service, for the purposes of Food Recovery; 85 or which is S elf-Hauled by the Generator to another Person(s), such as a Person from a Food 86 Recovery Organization, for the purposes of Food Recovery, regardless of whether the Generator 87 donates, sells, or pays a fee to the other Person(s) to Collect or receive the Edible Food. 88 F. Food Scraps. Food Scraps that are separated by the Generator and used by the Generator or 89 distributed to other Person(s) for lawful use as animal feed, in accordance with 14 CCR Section 90 18983.1(b)(7). Food Scraps intended for animal feed may be Self-Hauled by Generator or hauled 91 by another party. 92
G. Materials That Contractor Does Not Divert. Discarded Materials which Contractor is not required 93 to Process and Divert under this Agreement as of the Effective Date of this Agreement which 94 subsequently, in City’s reasonable judgment, become economically feasible to Divert. In such 95 event, Contractor shall have the exclusive right to Collect and Process such materials if Contractor 96 agrees to do so without any change in Rates. If Contractor is unwilling to Process and Divert such 97 new materials at existing Rates, City may provide for Collection, Processing, and Diversion of such 98 materials in any manner it deems appropriate. Such materials may include, but may not be limited 99 to, Organic Materials which Contractor would otherwise Dispose. Contractor may not enforce its 100 exclusive rights in a manner that would prevent the Diversion of material that Contractor is unable 101 or unwilling to Divert. 102
H. Beverage Containers. Containers delivered for Recycling under the California Beverage Container 103 Recycling and Litter Reduction Act, Section 14500, et seq. California Public Resources Code. 104 I. Materials Removed by Customer’s Contractor as Incidental Part of Services. Recyclable Materials 105 and Organic Materials removed from a Premises by a contractor (e.g., gardener, landscaper, tree-106 trimming service, construction contractor, Residential clean-out service) as an incidental part of 107 the service being performed , rather than as a separately contracted or subcontracted hauling 108 service; or if such contractor is providing a service which is not included in the scope of this 109 Agreement. 110
J. On-site or Community Composting. Organic Materials Composted or otherwise legally managed 111 at the site where it is generated (e.g., backyard Composting, or on-site anaerobic digestion) or at 112 a Community Composting site. 113
K. Animal, Grease Waste, and Used Cooking Oil. Animal waste and remains from slaughterhouse or 114 butcher shops, fats, oils, greases, or used cooking oil. 115 1029
AGENDA ITEM NO. 5.

Page 4 of 70 ends

Service Agreement
L. Sewage Treatment By-Product. By-products of sewage treatment, including sludge, sludge ash, 116 grit, and screenings. 117
M. Excluded Waste. Excluded Waste regardless of its source. 118 N. Materials Generated by State and County Facilities. Materials generated by State and County 119 facilities located in the City, including but not limited to the Clovis Unified School District, provided 120 that the Generator has arranged services with other Persons or has arranged services with the 121 Contractor through a separate agreement. 122
Contractor acknowledges and agrees that City may permit other Persons besides Contractor to Collect 123 any and all types of materials excluded from the scope of this Agreement, as set forth above, without 124 seeking or obtaining approval of Contractor . If Contractor can produce evidence that other Persons are 125 servicing Collection Containers or are Collecting and Transporting Recyclable Materials and/or Organic 126 Materials in a manner that is not consistent with this Agreement or the City’s Code, it shall report the 127 location, the name and phone number of the Person or company to City’s Contract Manager along with 128 Contractor’s evidence. In such case, City may notify the Generator and Person providing service of 129 Contractor’s rights under this Agreement. 130
This Agreement and scope of services shall be interpreted to be consistent with Applicable Law, now and 131 during the Term of the Agreement . If future judicial interpretations of current law or new laws, 132 regulations, or judicial interpretations limit the ability of City to lawfully contract for the scope of services 133 in the manner and consistent with all provisions as specifically set forth herein, Contractor agrees that the 134 scope of the Agreement will be limited to those services and materials which may be lawfully included 135 herein and that the City shall not be responsible for any lost profits or losses claimed by Contractor to 136 arise out of limitations to the scope or provisions of the Agreement set forth herein. In such an event, it 137 shall be the responsibility of Contractor to minimize the financial impact of such future judicial 138 interpretations or new laws and the Contractor may meet and confer with City and may petition for an 139 extraordinary Rate adjustment pursuant to Section 8.3. 140

1.3 OBLIGATIONS OF PARTIES 141
In addition to the specific performance required under the Agreement, City and Contractor shall: 142 A. Use their reasonable commercial efforts to enforce the exclusive nature of the service by the 143 Contractor’s identification and documentation of violations of th is Agreement and City’s 144 notification of Generators and Collection companies reasonably believed to be violating the terms 145 of this Agreement. 146
B. Provide timely notice to one another of a perceived failure to perform any obligations under this 147 Agreement and access to information demonstrating the Party’s failure to perform. 148 C. Provide timely access to City’s Contract Manager and Contractor’s Government Liaison and 149 complete and timely responses to requests of the other Party. 150 D. Provide timely notice of matters which may affect either Party’s ability to perform under the 151 Agreement. 152
1030
AGENDA ITEM NO. 5.

Page 5 of 70 ends

Service Agreement
ARTICLE 2. 153
TERM OF AGREEMENT 154

2.1 TERM AND OPTION TO EXTEND 155
The Term of this Agreement shall commence on {Note to proposers: City may be open to modifying the 156 Commencement Date during negotiations } August 1, 2025 (Commencement Date) and continue in full 157 force for a period of approximately ten (10) years, thro ugh and including July 31 , 20 35, unless the 158 Agreement is extended in accordance with this Section or terminated pursuant to Section 10.2. 159 City reserves the right, in its sole and unfettered discretion, to extend the Term of this Agreement, under 160 its then-existing terms and conditions on a month -to-month basis, for a maximum extension of up to 161 thirty-six (36) months. City shall give notice of its intention to extend the Term, or any extended Term, of 162 this Agreement in writing no later than three (3) calendar months prior to expiration of the Term or any 163 extended Term of the Agreement. Such notice by City shall specify the duration of the extension. 164 Between the Effective Date and Commencement Date, Contractor shall perform all activities necessary to 165 prepare itself to start providing services required by this Agreement on the Commencement Date. 166

2.2 CONDITIONS TO EFFECTIVENESS OF AGREEMENT 167
The obligation of City to permit this Agreement to become effective and to perform its undertakings 168 provided for in this Agreement is subject to the satisfaction of all the conditions below, each of which may 169 be waived, in written form only, in whole or in part by City. 170 A. Accuracy of Representations. Contractor’s representations and warranties made in Contractor’s 171 Proposal and Article 11 of this Agreement are true and correct on and as of the Effective Date. 172 B. Furnishings of Insurance and Performance Bond. Contractor has furnished evidence of the 173 insurance and performance bond required by Article 9 that is satisfactory to City. 174 C. Absence of Litigation. To the best of Contractor's knowledge, after reasonable investigation, 175 there is no action, suit, proceeding or investigation, at law or in equity, before or by any court or 176 governmental authority, commission, board, agency or instrumentality decided, pending or 177 threatened against Contractor wherein an unfavorable decision, ruling or finding, in any single 178 case or in the aggregate, would: 179

1. Materially adversely affect the performance by Contractor of its obligations hereunder. 180

2. Adversely affect the validity or enforceability of this Agreement. 181

3. Have a material adverse effect on the financial condition of Contractor, or any surety or 182 entity guaranteeing Contractor's performance under this Agreement. 183 D. Permits Furnished. Contractor validly holds copies of all permits necessary for operation of all 184 Approved Facilities owned or operated by Contractor or any Subcontractor for use under the 185 terms of this Agreement. 186
1031
AGENDA ITEM NO. 5.

Page 6 of 70 ends

Service Agreement
E. Legal Challenge. Contractor understands and acknowledges that the award of this Agreement and 187 related decisions may be subject to review and repeal by City’s citizens through a referendum or 188 similar petition, and to various types of legal and environmental challenges (such referenda, 189 similar petition and legal and environmental challenges being referred to collectively as “Legal 190 Challenges”). Accordingly, this Agreement shall not become effective until the City reasonably 191 determines that (1) any Legal Challenges that had been initiated as of the time of such 192 determination have been resolved in favor of City’s award of this Agreement to Contractor; and 193 (2) the deadline to initiate any additional Legal Challenges has expired; provided, however, that 194 Contractor shall be entitled to rescind this Agreement upon thirty (30) days’ prior written notice 195 to City if such determination is not made by [MONTH & DAY, 2025]. 196 ARTICLE 3. 197
SCOPE OF AGREEMENT 198

3.1 SUMMARY SCOPE OF SERVICES 199
Contractor or its Subcontractor(s) shall be responsible for the following: 200 A. Providing a two-Container Collection program for the separate Collection of Recyclable Materials 201 and Organic Materials generated by and placed for Collection by Customers , City facilities, and 202 special events pursuant to the requirements of Article 4 and Exhibit B. 203 B. Transporting Collected materials to the appropriate Approved Facilities pursuant to requirements 204 of Article 4 and Exhibit B. 205
C. Processing and marketing Collected Recyclable Materials and Organic Mater ials at the 206 appropriate Approved Facilities pursuant to the requirements of Article 4 and Exhibit B. 207 D. Performing all other services required by this Agreement including, but not limited to, Customer 208 billing, public education, Customer service, contamination monitoring , record keeping, and 209 reporting pursuant to Articles 4 and 6 and Exhibits C (Public Education & Outreach) and D 210 (Reporting). 211
E. Furnishing all labor, supervision, vehicles, Containers, other equipment, materials, supplies, and 212 all other items and services necessary to perform its obligations under this Agreement. 213 F. Paying all expenses related to provision of services required by this Agreement including, but not 214 limited to, taxes, regulatory fees (including City Fees and Reimbursements), and utilities. 215 G. Performing or providing all services necessary to fulfill its obligations in full accordance with this 216 Agreement at all times using best industry practice for comparable operations. 217 H. Complying with all Applicable Law. 218
The enumeration and specification of particular aspects of service, labor, or equipment requirements shall 219 not relieve Contractor of the duty to perform all other tasks and activities necessary to fulfill its obligations 220 under this Agreement, regardless of whether such requirements are enumerated elsewhere in the 221 Agreement, unless excused in accordance with Section 10.7. 222 1032
AGENDA ITEM NO. 5.

Page 7 of 70 ends

Service Agreement

3.2 USE OF APPROVED FACILITIES 223
Contractor, without constraint and as a free-market business decision in accepting this Agreement, agrees 224 to use the Approved Facilities for the purposes of Processing and/or Disposing of all Recyclable Materials 225 and Organic Materials Collected in the City. Use of a facility must be approved, in writing, by City prior to 226 use consistent with the requirements of Article 4. Such decision by Contractor in no way constitutes a 227 restraint of trade notwithstanding any Change in Law regarding Flow Control limitations or any definition 228 thereof. 229

3.3 SUBCONTRACTING 230
Contractor shall not engage any Subcontractor (s) for Collection, Transportation, or Processing of 231 Recyclable Materials or Organic Materials services without the prior written consent of City’s Contract 232 Manager. As of the Effective Date of this Agreement, City has approved Contractor’s use of those 233 Subcontractor(s) identified in Contractor’s Proposal, included herein as Exhibit G5. If the Contractor plans 234 to engage other affiliated or related party entities in the provision of services, Contractor shall provide 235 City Contract Manager with thirty (30) days written notification of its plans and provide an explanation of 236 any potential impacts related to the quality, timeliness, or cost of providing services under this 237 Agreement. All insurance documents must be reviewed and approved by City prior to City acceptance. 238 Contractor shall require that all Subcontractors file insurance certificates with City , name City as an 239 additional insured, and comply with all material terms of this Agreement. 240

3.4 RESPONSIBILITY FOR MATERIALS 241
Once Recyclable Materials and/or Organic Materials are placed in the Contractor’s Containers and at the 242 Collection location, the responsibility for their proper handling shall transfer directly from the Generator 243 to Contractor, with the exception of Excluded Waste if Contractor can identify the Generator pursuant to 244 Section 5.8.B. Contractor shall have the right to retain any benefit and revenues resulting from its right to 245 retain, Recycle, Process or reuse the Recyclable Materials and Organic Materials which it Collects. Once 246 Recyclable Materials and/or Organic Materials are deposited by Contractor at the appropriate Approved 247 Facility, such materials shall become the responsibility of the Owner or operator of the Approved Facility 248 except for Excluded Waste pursuant to Section 5.8. 249 Responsibility for Excluded Waste that has been inadvertently Collected by Contractor shall remain with 250 Contractor if it cannot identify the Generator, and Contractor shall assume all responsibility for its proper 251 Disposal. 252

3.5 CITY-DIRECTED CHANGES TO SCOPE 253
City may require a proposal from Contractor to establish the scope of any modification to existing services 254 (which may include use of Approved Facilities) to be provided under this Agreement . In such case, 255 Contractor shall present, within thirty (30) calendar days of City’s request, unless an alternate schedule is 256 mutually agreed-upon, a written proposal to provide such modified or additional services. City shall review 257 the Contractor’s Proposal for the change in scope of services . City and Contractor may meet and confer 258 to negotiate Contractor’s proposed revisions and costs and shall amend this Agreement, as appropriate, 259 to reflect the mutually agreed-upon changes in scope. If City and Contractor are unable to agree on terms 260 and conditions, including compensation adjustments, of such services within ninety (90) calendar days 261 from City receipt of Contractor’s Proposal for such services, City may permit other Persons to provide such 262 1033
AGENDA ITEM NO. 5.

Page 8 of 70 ends

Service Agreement
services. Nothing herein shall prevent City from soliciting cost and operating inform ation from other 263 Persons in order to inform City’s evaluation of Contractor’s Proposal. 264 At any time during the Term of this Agreement, City may solicit proposals from other Persons for services 265 not contemplated under this Agreement. In the event that contracting with other Persons for such 266 services will reduce C ontractor’s Compensation under this Agreement , as described in Article 8, 267 Contractor shall be offered the opportunity to match any other Person’s proposed pricing and retain the 268 added scope of services. However, nothing in this A greement shall prevent City from contracting with 269 other Persons in the event that Contractor is unable or unwilling to provide such services at or below the 270 cost proposed by the other Person. 271
ARTICLE 4. 272
SCOPE OF SERVICES 273
Contractor shall perform the Recyclable Materials and Organic Materials services described in this Article 274 4, for any Customer in the City that subscribes to Contractor’s Collection services. Contractor’s Collection 275 services shall be provided to any Customer that places Containers in a public right-of-way or that provides 276 a waiver for Contractor to access the Private Road(s) where Customer places its Containers. 277 This Article 4 describes the general requirements for the services to be prov ided. More specific 278 requirements for how each service shall be provided to each Customer Type are described in Exhibit B . 279 Failure to specifically require an act necessary to perform the service does not relieve Contractor of its 280 obligation to perform such act. 281

4.1 RECYCLABLE MATERIALS 282
A. Collection. Contractor shall provide Recyclable Materials Collection services as described in 283 Exhibit B. 284
B. Transfer. {Note to proposers: This section will be removed if Contractor elects to direct haul 285 Recyclable Materials to the Approved Recyclable Materials Processing Facility} Contractor plans 286 to Transport Recyclable Materials to the Approved Transfer Facility where the materials will be 287 unloaded from Collection vehicles and loaded into large-capacity vehicles and Transported to the 288 Approved Recyclable Materials Processing Facility. Contractor shall keep all existing permits and 289 approvals necessary for use of the Approved Transfer Facility in Full Regulatory Compliance. Upon 290 request, Contractor shall provide copies of facility permits and/or notices of violations (obtained 291 from its Transfer Facility Subcontractor if necessary) to City Contract Manager . If Contractor is 292 unable to use the Approved Transfer Facility, then Contractor shall be responsible for making 293 other Transportation arrangements. In such event, Contractor shall not be compensated for any 294 additional costs. If Contractor plans to change its Transfer method, Contractor shall obtain written 295 approval from the City prior to making the change. 296
C. Processing. Contractor shall Transport and deliver all Source Separated Recyclable Materials 297 placed in Recyclable Material s Containers in the City to the Approved Recyclable Materials 298 Processing Facility. All tipping fees and other costs associated with Transporting to and Processing 299 of such Recyclable Materials at the Approved Recyclable Materials Processing Facility and 300 Disposing of the Residue as required in Section 4.1.E below shall be paid by Contractor. 301 1034
AGENDA ITEM NO. 5.

Page 9 of 70 ends

Service Agreement
Contractor guarantees sufficient capacity at the Approved Recyclable Materials Processing Facility 302 to Process all Source Separated Recyclable Materials Collected by Contractor under this 303 Agreement throughout the Term of the Agreement. 304
Contractor shall keep all existing permits and approvals necessary for use of the Approved 305 Recyclable Materials Processing Facility in full regulatory compliance. Upon request, Contractor 306 shall provide copies of facility permits and/or notices of violations (obtained from its Processing 307 Facility Subcontractor if necessary) to City Contract Manager. 308 If Contractor is unable to use the Approved Recyclable Materials Processing Facility due to an 309 event that meets the requirements for excusing Contractor from performance of this specific 310 obligation as described in Section 10.7 , Contractor shall use an alternative Processing Facility 311 provided that the Contractor provides written notice to City Contract Manager. Within forty-eight 312 (48) hours of such emergency or sudden and unforeseen closure, the Contractor shall provide a 313 written description of the reasons the use of the Approved Recyclable Materials Processing 314 Facility is not feasible, and the period of time Contractor proposes to use the alternative 315 Processing Facility. Such a change in Processing Facility shall be temporarily permitted until such 316 time as the City Contract Manager is able to consider and respond to the use of the proposed 317 alternative Processing Facility. If the use of the proposed alternative Processing Facility is 318 anticipated to or actually does exceed thirty (30) days in a consecutive twelve (12) month period, 319 the use of such Processing Facility shall be subject to approval by the City Contract Manager. The 320 City Contract Manager may, in their sole discretion, approve, conditionally approve, temporarily 321 approve, or disapprove of the use of the proposed alternative Processing Facility. If the City 322 disapproves the use of the proposed alternative Processing Facility, the Parties shall meet and 323 confer to determine an acceptable Processing Facility. 324 If the use of an alternative Processing Facility is for reasons within Contractor’s, or its Processing 325 Facility Subcontractor’s control, Contractor’s Compensation shall not be adjusted for any change 326 in Transportation and Processing costs associated with use of the alternative Processing Facility. 327 However, if the use of an alternative Processing Facility is due to reasons beyond Contractor’s or 328 its Subcontractor’s control, then Contractor m ay make a written request with detailed 329 substantiation for City to consider adjusting, either up or down, Contractor’s Compensation for 330 changes in Transportation and Processing costs associated with the use of the alternative 331 Processing Facility. City is not obligated to adjust Compensation, however City will review the 332 request in light of a verified hardship and consider appropriate temporary adjustments to the 333 Contractor’s Compensation. The performance of Recyclable Materials commodity markets shall 334 not be considered an acceptable basis for use of an alternative Processing Facility nor shall it serve 335 as the basis for any adjustment in Contractor’s Compensation under this Agreement, other than 336 as specifically contemplated in Article 8 and Exhibit E to this Agreement. If the change in the 337 Processing Facility results in increased costs, City may identify and direct Contractor to an 338 alternative Processing Facility, without additional compensation to Contractor , which results in 339 less cost than the Contractor-identified alternative. 340 Except for the emergency conditions described in this section, Contractor shall not change its 341 selection of the Approved Recyclable Materials Processing Facility without City’s written approval, 342 which may be withheld in City’s sole discretion. If Contractor elects to use a Recyclable Materials 343 Processing Facility that is different than the initial Approved Recyclable Materials Processing 344 Facility, it shall request written approval from the City Contract Manager sixty (60) calendar days 345 1035
AGENDA ITEM NO. 5.

Page 10 of 70 ends

Service Agreement
prior to use of the site and obtain City’s written approval no later than ten (10) calendar days prior 346 to use of the site. 347
Contractor shall observe and comply with all regulations in effect at the Approved Recyclable 348 Materials Processing Facility and cooperate with and take direction from the operator thereof 349 with respect to delivery of Recyclable Materials. Contractor shall actively work with the Approved 350 Recyclable Materials Processing Facility operator throughout the Term of this Agreement to 351 ensure that contamination of the Recyclable Materials Collected under this Agreement and 352 delivered to the Processing Facility remains below the limits of incompatible materials or Residue 353 in the Organic Materials established by Applicable Law including, without limitation, SB 1383. 354 D. Marketing. Contractor shall be responsible for marketing Recyclable Materials Collected in City 355 that are delivered for Processing at Contractor’s Approved Recyclable Materials Processing 356 Facility. Contractor’s marketing strategy shall promote the highest and best use of materials 357 presented in the waste management hierarchy established by AB 939 . Where practical, the 358 marketing strategy should include use of local, regional, and domestic markets for Recyclable 359 Materials. 360
E. Residue Disposal. Residue from the Processing of Source Separated Recyclable Materials 361 Collected under this Agreement at Contractor’s Approved Recyclable Materials Processing 362 Facility, which cannot be marketed, shall be Disposed of by Contractor, or the Processing Facility 363 Subcontractor. Residue delivered for Disposal shall not include any Excluded Waste. 364

4.2 ORGANIC MATERIALS 365
A. Collection. Contractor shall provide Organic Materials Collection services as described in Exhibit 366 B. 367
B. Transfer. {Note to proposers: This section will be removed if Contractor elects to direct haul 368 Organic Materials to the Approved Organic Materials Processing Facility} Contractor plans to 369 Transport Organic Materials to the Designated Transfer Facility where the materials will be 370 unloaded from Collection vehicles and loaded into large-capacity vehicles and Transported to the 371 Approved Organic Materials Processing Facility. Contractor shall keep all existing permits and 372 approvals necessary for use of the Designated Transfer Facility in full regulatory compliance. 373 C. Processing. Contractor shall Transport and deliver all Source Separated Organic Materials placed 374 in Organic Materials Containers in the City to the Approved Organic Materials Processing Facility. 375 All tipping fees and other costs associated with Transporting such Organic Materials to the 376 Approved Organic Materials Processing Facility and Disposing of the Residue as required in 377 Section 4.2.E below shall be paid by Contractor. 378
Contractor guarantees sufficient capacity at the Approved Organic Materials Processing Facility 379 to Process all Source Separated Organic Materials Collected by Contractor under this Agreement 380 throughout the Term of the Agreement. 381
Contractor shall keep all existing permits and approvals necessary for use of the Approved Organic 382 Materials Processing Facility in full regulatory compliance. Upon request, Contractor shall provide 383 copies of facility permits and/or notices of violations (obtained from its Processing Facility 384 Subcontractor if necessary) to City Contract Manager. 385 1036
AGENDA ITEM NO. 5.

Page 11 of 70 ends

Service Agreement
If Contractor is unable to use the Approved Organic Materials Processing Facility due to an event 386 that meets the requirements for excusing Contractor from performance of this specific obligation 387 as described in Section 10.7, Contractor shall use an alternative Processing Facility provided that 388 the Contractor provides written notice to City Contract Manager. Within forty-eight (48) hours of 389 such emergency or sudden and unforeseen closure, Contractor shall provide a written description 390 of the reasons the use of the Approved Organic Materials Processing Facility is not feasible, and 391 the period of time Contractor proposes to use the alternative Processing Facility. Such a change 392 in Processing Facility shall be temporarily permitted until such time as City Contract Manager is 393 able to consider and respond to the use of the proposed alternative Processing Facility. If the use 394 of the proposed alternative Processing Facility is anticipated to or actually does exceed thirty (30) 395 days in a consecutive twelve (12) month period, the use of such Processing Facility shall be subject 396 to approval by City Contract Manager. The City Contract Manager may, in their sole discretion, 397 may approve, conditionally approve, temporarily approve, or disapprove of the use of the 398 proposed alternative Processing Facility. If City disapproves the use of the proposed alternative 399 Processing Facility, the Parties shall meet and confer to determine an acceptable Processing 400 Facility. 401
If the use of an alternative Processing Facility is for reasons within Contractor’s, or its Processing 402 Facility Subcontractor’s control, Contractor’s Compensation shall not be adjusted for any change 403 in Transportation and Processing costs associated with use of the alternative Processing Facility. 404 However, if the use of an alternative Processing Facility is due to reasons beyond Contractor’s or 405 its Subcontractor’s control, Contractor may make a written request with detailed substantiation 406 for City to consider adjusting, either up or down, Contractor’s Compensation for changes in 407 Transportation and Processing costs associated with the use of the alternative Processing Facility. 408 City is not obligated to adjust Compensation, however City will review the request in light of a 409 verified hardship and consider appropriate temporary adjustments to Contractor’s 410 Compensation. If the change in the Processing Facility results in increased costs, City may identify 411 and direct Contractor to an alternative Processing Facility, without additional compensation to 412 Contractor, which results in less cost than the Contractor-identified alternative. 413 Except for the emergency conditions described in this section, Contractor shall not change its 414 selection of the Approved Organic Materials Processing Facility without City’s written approval, 415 which may be withheld in City’s sole discretion. If Contractor elects to use a n Organic Materials 416 Processing Facility that is different than the initial Approved Organic Materials Processing Facility, 417 it shall request written approval from City Contract Manager sixty (60) calendar days prior to use 418 of the site and obtain City’s written approval no later than ten (10) calendar days prior to use of 419 the site. 420
Contractor shall observe and comply with all regulations in effect at the Approved Organic 421 Materials Processing Facility and cooperate with and take direction from the operator thereof 422 with respect to delivery of Organic Materials. Contractor shall actively work with the Approved 423 Organic Materials Processing Facility operator throughout the Term of this Agreement to ensure 424 that contamination of the Organic Materials Collected under this Agreement and delivered to the 425 Processing Facility remains below the limits of incompatible materials or Residue in the Organic 426 Materials established by Applicable Law including, without limitation, SB 1383. 427 {Note to proposers: Section to be updated or removed based on final determination regarding 428 allowance of plastic/Compostable Plastic bags} Customers may place Compostable Plastics in the 429 1037
AGENDA ITEM NO. 5.

Page 12 of 70 ends

Service Agreement
Organic Materials Container for Collection, including Compostable Plastic bags used by Customers 430 to contain Food Waste prior to placement in the Organic Materials Container for Collection . 431 Contractor may prohibit use of Compostable Plastics to contain Yard Trimmings. Contractor shall 432 Collect and Transport such materials for Processing at the Approved Organic Waste Processing 433 Facility. At least six (6) months prior to the Commencement Date of the Agreement, and annually 434 thereafter, Contractor shall provide a written notification to City authorizing that the Facility has 435 and will c ontinue to have the capability to Process and recover the Compostable Plastics 436 throughout the Term of the Agreement, and Contractor shall not revoke this authorization at any 437 time during the Term of the Agreement. If the Contractor does not submit such notification, or if 438 at any time during the Term of the Agreement the Approved Organic Waste Processing Facility 439 can no longer accept and/or Process Compostable Plastics, the City may assess Liquidated 440 Damages or deem such failure an event of default of the Contractor under Article 10. Contractor 441 shall notify the City within seven (7) days of the Facility’s inability to accept the Compostable 442 Plastics. The notification shall, at a minimum, include: the date and a description of the reasons 443 that the Facility is not able to Process and recover the Compostable Plastics; the period of time 444 the Facility will not Process and recover these materials; and Contractor’s proposed plan to find 445 an alternative Facility or arrangement to Process the Compostable Plastics, subject to City 446 approval. City may prohibit or restrict the use of Compostable Plastics, with a six (6) month notice 447 to Contractor, and this shall not constitute a City-Directed Change in Scope or Change in Law 448 under this Agreement. 449
D. Marketing. Contractor shall be responsible for marketing Organic Materials Collected in the City 450 that are delivered for Processing at the Approved Organic Materials Processing Facility. 451 Contractor’s marketing strategy shall promote the highest and best use of materials presented in 452 the waste management hierarchy established by AB 939. Where practical, the marketing strategy 453 should include use of local markets for Organic Materials. 454 E. Residue Disposal. Residue from the Processing of Organic Materials Collected under this 455 Agreement at the Approved Organic Materials Processing Facility, which cannot be marketed, 456 shall be Disposed of by Contractor, or the Processing Facility Subcontractor. Residue delivered for 457 Disposal shall not include any Excluded Waste. 458

4.3 RESERVED 459

4.4 OTHER COLLECTION SERVICES 460
A. Used Motor Oil and Filters. Contractor shall Collect Residential Customers Used Motor Oil and 461 Filters placed Curbside for Collection. Contractor shall not be required to Collect more than two 462 and a half (2.5) gallons of Used Motor Oil and Filters per individual Dwelling Unit per week. 463 B. Holiday Tree. Contractor shall Collect all holiday trees properly placed Curbside by Single-Family 464 and Multi-Family Customers fourteen (14) Calendar Days following Christmas Day, or such other 465 days as agreed by City and Contractor, free of any additional charge to any Customer. Holiday 466 trees shall be Transported to, and Processed at, the Approved Organic Materials Processing 467 Facility. All holiday trees shall be Diverted and none shall be Disposed. 468 C. Sharps Waste Program. {Note to proposers: p roposers may propose alternative Sharps Waste 469 Collection programs for consideration by City} Contractor shall provide Single-Family and Multi-470 1038
AGENDA ITEM NO. 5.

Page 13 of 70 ends

Service Agreement
Family Dwelling Unit Customers with a Sharps Waste home delivery program, upon request. 471 Contractor shall deliver an approved container to the requesting Customer's home within one (1) 472 week of request. Delivery of the container shall also include Recycling awareness materials and 473 instructions for participation in the Sharps Waste Collection program. To ensure maximum 474 Customer convenience, the Collection of Sharps Waste containers will be administered through a 475 one and four tenths (1.4) quart, postage paid, container approved by the United States Postal 476 Service (or other parcel service) for shipment of such material. Customers using the mail -based 477 service will receive one (1) Sharps Waste container/mailing kit per calendar year at no charge. 478 Additional Sharps Waste containers/mailing kits will be available for a fee by Contractor. 479 D. Battery and Cellphone Collection. Contractor shall Collect discarded batteries and cell phones 480 placed for Collection in Customer -provided, clear, zip -lock or tie -close plastic bags on top of 481 Recyclable Materials Carts. Upon Customer request, Contractor shall make appropriate 482 arrangements for the placement of battery, cell phone, and CFL Recycling receptacles (“Battery 483 Buckets”) that can Collect these electronic materials from Multi -Family complexes. Contractor 484 shall communicate with property managers and Owners to determine the most convenient and 485 environmentally responsible placement of Battery Buckets within the Multi-Family complex, and 486 will provide educational information and additional Battery Buckets within five (5) Working Days 487 of a property manager or Owner’s request. 488
E. Provision of Compost and Mulch. Contractor shall provide Compost and Mulch in accordance 489 with the requirements outlined Exhibit B4. 490
F. Multi-Family Kitchen Pails. {Note to proposers: this program is currently optional and may be 491 implemented at City Council request} Contractor shall provide, to all Multi-Family Dwelling Units, 492 kitchen pails designed to contain Food Scraps prior to placement in the Customer’s Organic 493 Materials Container. Kitchen pail specifications shall be approved by City prior to ordering and 494 distribution. During Implementation of the Agreement, each Multi -Family Dwelling Unit shall 495 receive one kitchen pail at no additional cost. Contractor may charge Customers for additional or 496 replacement kitchen pails. 497
G. Container Cleaning/Exchange Program. {Note to proposers: this program is currently optional and 498 may be implemented at City Council request} Contractor shall implement a program to provide 499 Customers with clean Containers once per year, at no additional cost to Customers. This program 500 may be implemented through Container cleaning services or a Container exchange program. 501 Contractor may charge Customers for additional cleanings or exchanges (in excess of once per 502 year). 503

4.5 SPECIAL EVENTS 504
Contractor shall provide Recyclable Materials and Organic Materials services to up to twenty (20) special 505 events per Rate Period, at no cost to the event or City. Please see Exhibit B.5 for a tentative list of special 506 events. Contractor shall provide the special event services upon thirty (30) calendar days advance request 507 by City Contract Manager. Special event services include all of the following unless specifically waived in 508 writing by City Contract Manager. 509
A. Event Collection Stations. Contractor shall provide and set -up event Collection stations for 510 Collection of Recyclable Materials and Organic Materials at special events. Each event Collection 511 1039
AGENDA ITEM NO. 5.

Page 14 of 70 ends

Service Agreement
station shall include a separate Cart or event box for each of the Recyclable Materials and Organic 512 Materials as appropriate. Contractor shall provide a sufficient number of event Collection stations 513 of sufficient capacity to meet the needs of the event as determined by Contractor in cooperation 514 with the event organizer. Contractor shall provide liners/bags for the Carts or event boxes at the 515 Collection stations and shall line the Carts or event boxes as a part of the station set-up. Collection 516 stations shall include adequate signs and labeling. 517 B. Collection Station Monitors. Upon request, C ontractor shall provide up to two (2) Collection 518 station monitors who shall be present for the duration of each special event. Contractor shall 519 require Collection station monitors to monitor event Collection stations and educate event 520 attendees and vendors about what materials are acceptable in each Collection station Cart or 521 event box. Contractor shall Transport materials contained in event Collection stations to Drop 522 Boxes or Bins, which will subsequently be Collected by Contractor. 523 C. Drop Boxes or Bins. Upon request, Contractor shall provide Containers for the aggregation of 524 material removed from event Collection stations during the course of the event. Contractor shall 525 provide Containers in sufficient number of appropriate type(s) for the needs of the event as 526 determined by Contractor in cooperation with the City Contract Manager or event organizer . 527 Contractor shall service Containers, as agreed -upon with the event organizer, and deliver 528 Collected materials to the appropriate Approved Facility for Processing. 529 D. Public Education Booth. Upon request of either the event organizer or City Contract Manager , 530 Contractor shall staff a booth or exhibit at the event for the purpose of educating the public about 531 the services and programs provided by Contractor under this Agreement and the benefi ts of 532 source reduction, reuse, Recycling, and Composting. 533 E. Reporting. Within fourteen (14) calendar days of the end of the event, Contractor shall submit a 534 report to the City Contract Manager and event organizer. The report should include, at a 535 minimum: the number of event Collection stations deployed at the event, the number of 536 Collection station monitors, the Tonnage of each material type (i.e. , Recyclable Materials and 537 Organic Materials) Collected, and a description of the public education provided at the event. 538 Contractor may, at its sole discretion and expense, coordinate with local youth, community, or charitable 539 organizations to provide some or all of the required services. Regardless of Contractor’s use of such an 540 organization, Contractor shall be responsible for ensuring that service is provided to the Customer in a 541 professional and timely manner. 542
For special events requested by City in excess of the twenty (20) included at no additional charge and for 543 special events not requested by City Contract Manager , Contractor shall provide the above -described 544 special event services at the request of the event organizer and may negotiate the charges for such 545 services with the event organizer based on the specific needs of the event. 546

4.6 PUBLIC EDUCATION AND OUTREACH 547
The public education and outreach activities included in the scope of services provided by Contractor 548 under this Agreement are described in this Section 4.6 and Exhibit C . Contractor shall produce and 549 distribute public education and outreach materials upon City request and contribute any remaining funds 550 in Contractor’s annual public education budget to City to support City’s public education and outreach 551 efforts. 552
1040
AGENDA ITEM NO. 5.

Page 15 of 70 ends

Service Agreement
A. Program Objectives. Contractor shall be responsible for designing and conducting a public 553 education and outreach program, and the Contractor shall be responsible for the production 554 and distribution of all materials under this program in accordance with this Agreement. City’s 555 public education and outreach strategy shall focus on improving Generator understanding of 556 the benefits of and opportunities for source reduction, reuse, Recycling, Composting, Source 557 Separation of Discarded Materials, and supporting compliance with Applicable Laws and 558 regulations, including, but not limited to AB 341, AB 1826, and SB 1383. Examples of goals of 559 the City-provided public education and outreach program include, but are not limited to: (i) 560 informing Generators about the services that are provided under this Agreement with specific 561 focus on describing the methods and benefits of source reduction, reuse, Recycling, 562 Composting, and Source Separating Discarded Materials ; (ii) instruct ing Generators on the 563 proper method for placing materials in Containers for Collection and setting Containers out 564 for Collection, with specific focus on minimizing contamination of Recyclable Materials and 565 Organic Materials; (iii) clearly defining Excluded Waste and educating Generators about the 566 hazards of such materials and their opportunities for proper handling; (iv) discourag ing 567 Generators from buying products if the product and its packaging are not readily reusable, 568 Recyclable, or Compostable; (v) informing Generators subject to Food Recovery requirements 569 under SB 1383 of their obligation to recover Edible Food and actions they can take to prevent 570 the creation of Food Waste; (vi) encourag ing the use of Compost and recovered Organic 571 Waste products; (vii) encourag ing Generators to purchase products/packaging made with 572 Recycled content materials; and, (viii) instructing Generators on proper Disposal of Hazardous 573 Waste and Sharps Waste. 574
The cumulative intended effect of these efforts is to reduce generation of Discarded Materials 575 and, ultimately, Disposal of Discarded Materials by each Generator in the City, and Contractor 576 agrees to support and not undermine or interfere with such efforts. 577 B. Contractor Public Education Requirements. Within forty-five (45) days after the execution of 578 this Agreement, and annually thereafter, Contractor shall develop and submit an annual 579 public education plan to City Contract Manager for approval. Contractor acknowledges that 580 they are part of a multi -Party effort to operate and educate the public about the regional 581 integrated waste management system. Contractor shall cooperate and coordinate with City 582 Contract Manager on public education activities to minimize duplicative, inconsistent, or 583 inappropriately timed education campaigns. 584
Contractor agrees to print, produce, and distribute education materials and conduct outreach 585 based on the City’s adopted programs and established design criteria, as detailed in Exhibit C, 586 at no additional cost to ratepayers or City. Contractor shall obtain approval from the City 587 Contract Manager on all Contractor -provided advertising, promotional, or service -related 588 materials used within the City before publication, distribution, and/or release. City Contract 589 Manager, in their sole discretion, shall have the right to deny the use of any materials or 590 content or may request that Contractor include City identification and contact information on 591 materials and Contractor’s approval of such requests shall not be unreasonably withheld. 592 C. Non-English Language Requirements. Contractor shall make all public education and outreach 593 materials required by this Section available in English, Spanish, Punjabi, and Hmong. 594 Upon City’s request, Contractor shall provide materials in additional languages beyond those 595 1041
AGENDA ITEM NO. 5.

Page 16 of 70 ends

Service Agreement
specified in this Section in response to shifting demographics within the City; updates to State 596 requirements or Applicable Law; or any other reason deemed appropriate by the City. 597

4.7 COMMERCIAL BILLING 598
Contractor’s compensation provided for in this Article shall be the full, entire and complete compensation 599 due to Contractor pursuant to this Agreement for all labor, equipment, materials and supplies, taxes, 600 insurance, bonds, overhead, profit and all other things necessary to perform all the services required by 601 this Agreement in the manner and at the times prescribed. 602 Contractor shall bill all Commercial Customers for Recyclable Materials service, Organic Materials service, 603 and ancillary services in arrears monthly. Contractor shall be solely responsible for collecting billings at 604 Rates set in accordance with Article 8 . Rates shall not exceed sixty percent (6 0%) {or other Rate as 605 proposed by selected proposer} of the Rate charged by City for similar Solid Waste Collection service. 606 Billing shall be performed on the basis of services rendered and this Agreement shall create no obligation 607 on the part of any Person on the sole basis of the ownership of property. Individual contracts between 608 Contractor and a Customer for services provided under this Agreement shall be prohibited. 609 Contractor shall develop, maintain, and regularly update a Customer Account Information Database, 610 which shall include but is not limited to: 611
i. Customer name. 612
ii. Phone number. 613
iii. Service address. 614
iv. Email address. 615
v. Customer Service Levels, including: 616
a. Customer Service Levels exceptions. 617
b. Customer service waivers. 618
Contractor shall permit Customers the ability to pay their bills through an electronic check or credit card 619 and include the ability for Customer billings to be automatically charged on a recurring basis . Contractor 620 shall prepare, mail, and collect bills from Customers who decline to use such internet-based billing system. 621 Contractor shall make arrangements to allow such Customers to pay bills by cash, check, electronic check, 622 money order, and credit card. 623
Up to once per billing cycle, City may direct Contractor to attach inserts to Customer invoices. Contractor 624 shall provide electronic bill inserts to Customers who are billed electronically, and paper bill inserts to 625 Customers who receive paper bills. Electronic bill inserts/attachments must be readily available for the 626 Customer to view upon receipt of the invoice (attachments shall not be provided as links). Upon City 627 request for such attachments, Contractor shall comply with such request during its next billing cycle for 628 the targeted Customer group. Contractor shall perform this service with no additional requirement for 629 compensation. 630
1042
AGENDA ITEM NO. 5.

Page 17 of 70 ends

Service Agreement
Contractor shall maintain copies of all billings and receipts, each in chronological order, for the Term of 631 this Agreement, for inspection and verification by City Contract Manager at any reasonable time but in no 632 case more than thirty (30) calendar days after receiving a request to do so. 633 Contractor shall be responsible for collection of payment from Customers with past due accounts (“bad 634 debt”) in accordance with this Section 4. 7. Contractor shall make reasonable efforts to obtain payment 635 from delinquent accounts through issuance of late payment notices, telephone requests for payments, 636 and assistance from collection agencies. 637
Monthly Customer invoices shall be due thirty (30) calendar days from the first day of the billing period. 638 In the event that any account becomes more than thirty (30) calendar days past due, Contractor shall 639 notify such Customer of the delinquency via written correspondence, instructing the Customer that 640 unpaid bills which become more than forty-five (45) calendar days delinquent may be assessed a one and 641 one half percent (1.5%) late fee per month. Contractor shall provide a second written notice of 642 delinquency to any account which becomes more than sixty (60) calendar days past due, and a third 643 written notice of delinquency to any account which becomes more than ninety (90) calendar days past 644 due. Should any account become more than one hundred and twenty (120) calendar days past due, 645 Contractor may discontinue providing service to the Customer. No less than seven (7) calendar days prior 646 to discontinuing service to a Customer, Contractor shall notify City Contract Manager of the address, 647 Service Level, service frequency, and delinquent billing amount. Contractor may withhold service from a 648 delinquent account until past delinquencies are paid in full. Upon restoring service to a previously 649 delinquent account, Contractor may require a deposit from the Customer not to exceed one (1) month’s 650 billings at the Customer’s Service Level. 651
If Contractor fails to invoice a Customer, or otherwise under-charges a Customer for services provided for 652 more than six (6) months, Contractor may not subsequently attempt to collect the under-charged amount 653 for more than six months of service. If Contractor over-charges a Customer for a period of more than six 654 (6) months, Contractor shall reimburse or credit the Customer for at least six months of the over-charged 655 service, but is not required by this Agreement to reimburse or credit the Customer for more than six (6) 656 months of overcharges. This Agreement also does not prohibit Contractor from reimbursing or crediting 657 a Customer for more than six (6) months of over-charges. 658 If a Customer reduces or cancels service during a billing cycle, the Customer shall be entitled to a proration 659 of the billing from the date that the service change was requested, in the case of cancellations or 660 reductions in the Customer’s bill, or the date the service change was fulfilled, in the case of increases in 661 the Customer’s bill. 662

4.8 CUSTOMER SERVICE PROGRAM 663

4.8.1 Program Requirements 664
A. Office and Availability of Representatives. Contractor shall maintain throughout the Term of this 665 Agreement an office within the City. A representative of Contractor who is knowledgeable of the 666 service area, services, and Rates shall be available from 8 a.m. to 5 p.m. Monday through Friday 667 for in-person communications with the public at the local office. Contractor shall maintain a local 668 or toll-free telephone number which it shall publicize and maintain during office hours. Contractor 669 shall also maintain an after -hours telephone number allowing twenty-four ( 24) hour per day 670 access to Contractor management by City Contract Manager in the event of an emergency 671 involving Contractor’s equipment or services including, but not necessarily limited to, fires, 672 1043
AGENDA ITEM NO. 5.

Page 18 of 70 ends

Service Agreement
blocked access, or property damage. 673
B. Telephone. Contractor shall secure, use, pay all costs incurred by, and maintain during the Term 674 of this Agreement, a toll -free phone number which shall serve as the primary point of contact 675 between Contractor and the public during normal business hours. Upon expiration or early 676 termination of this Agreement, City shall retain the control of the toll -free phone number. 677 Contractor shall provide City with a separate emergency telephone number for use by City 678 Contract Manager outside normal business hours. Contractor shall have such contact 679 representative available at the emergency telephone number during all hours other than normal 680 office hours. 681
Contractor shall maintain a telephone system in operation from 8 a.m. to 5 p.m. Monday- Friday 682 and shall have sufficient equipment in place and staff two (2) local representatives to be available 683 to handle calls each day and maintain such telephone equipment capable of recording the 684 responsiveness to calls . Contractor may choose to utilize non -local representatives to offset 685 Customer wait times during periods of high call volumes Contractor’s telephone system shall offer 686 Customers who have been placed on-hold to opt to leave a voice message or receive a scheduled 687 call-back, rather than remain on -hold. If Contractor’s telephone Customer service performance 688 falls below the performance standards established in Exhibit F, City shall have the right to require 689 Contractor to increase its staffing levels and/or call handling capacity without any additional 690 compensation to the Contractor. Recording of Contractor’s responsiveness to calls shall include, 691 at a minimum, all items included in the “Service Quality and Reliability” and “Customer Service” 692 performance standards listed in Exhibit F. An answering machine or voicemail service shall record 693 Customer calls and voice messages between 5:00 p.m. and 8:00 a.m. Contractor shall provide a 694 live, not automated, call back on the same day to all Customers who leave voice messages by 4:00 695 p.m. on a Working Day and shall provide a live call back by 12:00 p.m. of the following Working 696 Day for any voice messages left after 5:00 p.m. 697
C. Web Site and Email Access. Contractor shall develop and maintain a web site that is accessible by 698 the public and solely dedicated to the operations under this Agreement in the City . Contractor’s 699 web site shall include all Rates allowed to be charged under the Agreement, all public education 700 and outreach materials produced and distributed under this Agreement, and provide the public 701 the ability to e -mail Contractor questions, service requests, or Complaints. Contractor shall 702 respond the same day to all Customers who leave e-mail messages by 4:00 p.m. on a Working Day 703 and shall respond by 12:00 p.m. of the following Working Day for any e-mail messages left after 704 5:00 p.m. Contractor may respond to Customer e-mails either via e-mail or phone. 705

4.8.2 Service Requests, Compliments, Complaints 706
Contractor shall be responsible for the prompt and courteous attention to, and prompt and reasonable 707 resolution of, all Customer service requests and Complaints. Contractor shall respond to all Complaints 708 received in accordance with the requirements of Section 4.8.1.B, and 4.8.1.C. Complaints related to 709 missed Collections shall be addressed in accordance with Section 4.8.3. Complaints related to repair or 710 replacement of Carts or Bins, shall be addressed in accordance with Section 5.6. 711 Within ninety (90) days of the Effective Date, Contractor shall have a Complaint tracking and reporting 712 system], and shall log all Complaints received orally or in writing. Said log shall include, at a minimum: 713 A. The date and time the Complaint was received; 714
1044
AGENDA ITEM NO. 5.

Page 19 of 70 ends

Service Agreement
B. Name, address and telephone number of complainant; 715 C. Description of Complaint; 716
D. Employee recording Complaint; and, 717
E. The action taken by Company to respond to and remedy Complaint. 718 All Complaints received before 4:00 p.m. shall be responded to that same day. All Complaints received 719 after 4:00 p.m. shall be responded to before 12:00 p.m. of the following Business Day. 720 Contractor shall retain daily logs of Complaints for a minimum of twenty -four (24) months and shall be 721 locally available to City at all times during this Agreement upon twenty-four (24) hour notice. 722 The log of Complaints shall be provided to the City in accordance with Exhibit D. At all times during this 723 Agreement, all Customer service records and logs kept by Contractor shall be available to City upon 724 (twenty-four) 24 hour notice and at no cost to City. City shall, at any time during regular Contractor 725 business hours, have access to Contractor’s Customer service staff for purposes of monitoring the quality 726 of Customer service, researching Customer Complaints, or other matters related to Contractor’s 727 performance under this Agreement. 728
Contractor shall notify Customers of this Complaint procedure at the time Customers apply for or are 729 provided service, and annually thereafter. Contractor may include an insert describing Contractor’s 730 Complaint procedures in the City’s billings. 731

4.8.3 Missed Collections 732
A. Missed Collection Complaints. When handling Customer Complaints related to missed or 733 incomplete Collections, Contractor shall not question or contest the Customer’s claim that the 734 Collection was missed or incomplete, even in cases where the route driver recorded the 735 Container(s) in question as already “Collected” or “not out.” 736 B. Schedule for Resolution. Contractor shall resolve every Customer Complaint of a missed or 737 incomplete Collection by returning to the Customer address and completing the Collection. For all 738 Complaints related to missed Collections that are received by 3:00 p.m. on a Working Day, the 739 Contractor shall return to the Customer address and Collect the missed materials on the same 740 Working Day on which the missed Collection was reported. For those Complaints related to missed 741 Collections that are received after 3:00 p.m. on a Working Day, Contractor shall have until the end 742 of the following Working Day to resolve the Complaint. 743 Contractor shall not be required to return and complete a Collection in response to a Complaint if 744 the Contractor’s driver has left a Non-Collection Notice in accordance with Section 4.11. 745 C. Courtesy Collections for Admitted Late Set-Outs. In the event that a Customer: (i) reports that their 746 Container(s) were placed for Collection after Contractor’s Collection vehicle had already passed the 747 Premises for regularly scheduled Collection; (ii) does not claim that Contractor missed the 748 Collection; and, (iii) requests that the Contractor return and Collect their Containers, Contractor 749 shall return to the Customer Premises and provide a courtesy Collection at no charge to the 750 Customer. Contractor is not required to provide more than three (3) courtesy Collections for 751 admitted late set-outs per Customer per calendar year. For Residential Customers, one (1) courtesy 752 1045
AGENDA ITEM NO. 5.

Page 20 of 70 ends

Service Agreement
Collection represents Collection of up to two (2) Carts (Recyclable Materials and Organic Materials) 753 per incident. Contractor shall complete the courtesy Collection by the end of the following Working 754 Day. The provisions of this Section shall only apply if the Customer acknowledges, and Contractor 755 documents in writing, that the event did not constitute a missed or incomplete Collection event by 756 Contractor. 757
D. Daily Missed Collection Report. As described in Exhibit D, Contractor shall supply City with a daily 758 report of missed Collections. 759

4.8.4 SB 1383 Non-Compliance Complaints 760
For Complaints received in which the Person alleges that an entity is in violation of SB 1383 requirements, 761 Contractor shall document the information listed in Exhibit D. Contractor shall provide this information in 762 a brief Complaint report to the City for each SB 1383-noncompliance Complaint within seven (7) days of 763 receipt of such Complaint, and a monthly summary report of SB 1383 -non-compliance Complaints in 764 accordance with Exhibit D. 765
Upon City request, Contractor shall conduct follow-up inspections and/or outreach to the violating entity, 766 and shall document the information in the reports provided pursuant to Exhibit D. 767

4.9 EXTENDED PRODUCER RESPONSIBILITY PROGRAMS 768
A. General. The City and the Contractor acknowledge that the requirements under the existing 769 Extended Producer Responsibility Programs (including, but not limited to, AB 1201, SB 1383, SB 770 54, and SB 343) may be applicable to the services provided by the Contractor under this 771 Agreement, and that additional or amended Extended Producer Responsibility Programs may be 772 established in the future. The Contractor acknowledges and agrees that to the extent that such 773 Extended Producer Responsibility Programs impose requirements on the City’s Recyclable and 774 Organics Collection programs that impact the services provided by the Contractor under this 775 Agreement, those Extended Producer Responsibility Programs shall be considered “mandatory” 776 for the Contractor and Contractor shall be required to participate. The Contractor further 777 acknowledges that, because the Approved Recyclable Materials and Organic Materials Processing 778 Facility(ies) accepts materials from the public that may be regulated by an Extended Producer 779 Responsibility Program, the Contractor may be uniquely positioned to operate or participate in 780 such programs in a “voluntary” capacity. 781
B. Change in Scope. The City may require Contractor’s compliance with, and participation in, existing 782 and/or new mandatory Extended Producer Responsibility Programs that may include a 783 modification to Exhibit B, to the extent that doing so is reasonably appropriate and does not 784 violate the permits of the subject Facility(ies). 785 Any and all such City requests and/or requirements related to any mandatory or voluntary 786 Extended Producer Responsibility Program shall be treated as a change in scope in accordance 787 with Sections 3.5 and shall not be treated as a Change in Law 788 C. City’s Rights to Solicit Proposals . The City may, from time -to-time, request that the Contractor 789 initiate or participate in an Extended Producer Responsibility Program; provided, however, that 790 the Contractor acknowledges and agrees that the City is under no obligation to request any such 791 proposal from the Contractor. Furthermore, the Contractor acknowledges and agrees that, at any 792 1046
AGENDA ITEM NO. 5.

Page 21 of 70 ends

Service Agreement
time during the Term of this Agreement, the City may solicit proposals from other Persons related 793 to Extended Producer Responsibility Programs and may permit other Persons besides Contractor 794 to provide such services and that nothing herein shall prevent the City from also soliciting cost 795 and operating information from other Persons in order to inform the City’s evaluation of any 796 Contractor-provided proposal. 797
D. City Requested Proposal. If the City requests an Extended Producer Responsibility Program 798 proposal from Contractor under this Section, the Contractor shall be required to seek out and 799 coordinate with the applicable Stewardship Organization designated for the applicable program 800 and shall describe such partnership in its proposal or provide information about an alternative 801 program that Contractor wishes to participate in to divert such material(s) that meets the 802 requirements of the voluntary Extended Producer Responsibility Program; these requirements 803 are in addition to the requirements provided in Section 3.5. The City’s written request for a 804 proposal may also require additional and/or specific information relating to the Extended 805 Producer Responsibility Program, including such information determined by the Public Utilities 806 Director to be reasonably necessary. The City shall review the proposal and may request 807 additional supporting documentation, calculations, or other information necessary to evaluate 808 the Contractor’s proposal for reasonableness and to evaluate Contractor’s ability to comply with 809 the requirements of the Extended Producer Responsibility Program. 810 As such, Contractor shall consider in good faith the City’s request to enact the voluntary Extended 811 Producer Responsibility program, unless the Contractor can demonstrate significant barriers that 812 would make providing such services impracticable and/or that Contractor is already diverting the 813 applicable material(s) at the time of the City’s request. The Contractor shall express any objections 814 or concerns during the meet -and-confer period and Contractor shall provide evidence of such 815 barriers and/or current diversion operations in Contractor’s proposal. Such information will be 816 further reviewed by the City. 817
E. Record Keeping and Reporting. Throughout the Term of this Agreement, the Contractor shall 818 maintain records of all funding or other resources the Contractor receives directly or indirectly 819 through an Extended Producer Responsibility Program. The Contractor shall inform and report to 820 the City as part of Contractor’s obligations under Exhibit D and shall calculate and demonstrate 821 the dollar amount that can be attributed to services provided under this Agreement. Any cost 822 savings identified shall be remitted to the City as either a direct payment sent to the City within 823 thirty (30) Days after Contractor’s receipt of funds or as a reduction to the Contractor’s 824 Compensation in accordance with Article 8, at the City Public Utilities Director’s sole discretion. 825 The Contractor shall include copies of invoices or receipts with the applicable Stewardship 826 Organization with its payment, as appropriate, regardless of whether the City is aware of such 827 funding or other resources have been received by the Contractor. 828 The Contractor shall also maintain all operational and financial records related to Extended 829 Producer Responsibility Programs as provided in Article 6 and report such information to the 830 Authority in accordance with Exhibit D or as otherwise requested by the Public Utilities Director. 831 832
1047
AGENDA ITEM NO. 5.

Page 22 of 70 ends

Service Agreement

4.10 SERVICE EXEMPTIONS 833

4.10.1 Reserved 834

4.10.2 Commercial and Multi-Family Customer Waivers 835 A. General. City may grant waivers described in this Section to Commercial or Multi-Family Generators 836 that impact the scope of Contractor’s provision of service for those Customers; provided, th e 837 Generator shall continue to subscribe with Contractor for Collection services to the extent such 838 services are not waived by the City. Waivers issued shall be subject to compliance with SB 1383 839 requirements, pursuant to 14 CCR Section 18984.11, or other requirements specified by the City. 840 B. Types of Generator Waivers 841

1. De Minimis Waivers. City may waive a Commercial business’ or Multi -Family property’s 842 obligation to comply with Organic Materials requirements set forth in this Agreement, SB 843 1383, and of the Municipal Code if the Generator provides documentation or the City has 844 evidence demonstrating one of the following de minimis conditions: 845 a. The Commercial or Multi -Family Generator’s total Discarded Materials Collection 846 service is two (2) cubic yards or more per week, and Organic Waste subject to Collection 847 in a Recyclable Materials Container or Organic Materials Container comprises less than 848 twenty (20) gallons per week, per applicable Container, of the Commercial business’ 849 total waste; or, 850
b. The Commercial or Multi -Family Generator’s total Discarded Materials Collection 851 service is less than two (2) cubic yards per week, and Organic Waste subject to 852 Collection in a Recyclable Materials Container or Organic Materials Container comprises 853 less than ten (10) gallons per week, per applicable Container, of the Commercial 854 business’ total waste. 855

2. Physical Space Waivers. City may waive a Commercial or Multi-Family Generator’s obligation 856 to comply with some or all of the Recyclable Materials and Organic Materials requirements 857 set forth in this Agreement, SB 1383, and the Municipal Code if the Commercial or Multi -858 Family Generator provides documentation, or City has evidence from its staff, the Contractor, 859 licensed architect, engineer, or similarly qualified source demonstrating that the Premises 860 lacks adequate space for Recyclable Materials Containers and/or Organic Materials 861 Containers. 862
C. Contractor Review of Waiver Requests. Generators may submit requests for de minimis waivers 863 and physical space waivers to City and/or to Contractor. Contractor shall within seven (7) Working 864 Days of receipt of City’s or Generator’s request inspect the Generator’s Premises to verify the 865 accuracy of the application. Contractor shall provide documentation of the inspection, including the 866 date of the inspection, Customer name and address, a description of the P remises, evaluation of 867 each criterion of the relevant waiver type, and photographic evidence. Contractor shall send this 868 information and documentation to City in a timely manner, not to exceed three (3) Business Days 869 after the date of inspection. City ultimately retains the right to approve or deny any application, 870 regardless of the information provided by Contractor. Contractor shall report information regarding 871 waivers reviewed within the month, if any, in accordance with this Section and Exhibit D. 872 1048
AGENDA ITEM NO. 5.

Page 23 of 70 ends

Service Agreement
D. Service Level Updates. When City grants a waiver to a Customer, or a Customer’s waiver status 873 changes after a re -verification determination, City shall notify Contractor within seven (7) days of 874 the waiver approval or status change with information on the Customer and any changes to Service 875 Level or Collection service requirements for the Customer. Contractor shall have seven (7) days to 876 modify the Customer’s Service Level, Customer account data, and billing statement, as needed. 877 E. Waiver Re-verification. Upon request of City, Contractor shall support City in this re -verification 878 Process by inspecting the Generator’s Premises to verify the continuing applicability of the waiver. 879 Contractor shall provide documentation of the inspection, including the date of the inspection, 880 Customer name and address, a description of the Premises, evaluation of each criterion of the 881 relevant waiver type, and photographic evidence. Contractor shall send this information and 882 documentation to City in a timely manner, not to exceed three (3) Business Days after the date of 883 inspection. City ultimately retains the right to approve or deny any application, regardless of the 884 information provided by the Contractor. Contractor shall report information regarding waivers 885 reviewed within the month, if any, in accordance with this Section and Exhibit D. In the event that 886 a waiver status changes, Contractor shall update the Customer’s information and Service Level i n 887 accordance with subsection 4.10.2.D above. 888

4.10.3 Contractor Service Exemptions 889
A. Disaster Waivers. In the event of a disaster, City may grant Contractor a waiver of some or all 890 Discarded Materials Collection requirements under this Agreement and 14 CCR, Division 7, Chapter 891 12, Article 3 in the disaster-affected areas for the duration of the waiver, provided that such waiver 892 has been approved by CalRecycle. Any resulting changes in Collection requirements shall be 893 addressed as a change in scope in accordance with Section 3.5. 894 B. Quarantined Waste. If approved by City, Contractor may Dispose of, rather than Process, specific 895 types of Organic Materials and/or Recyclable Materials that are subject to quarantine and meet the 896 requirements described in 14 CCR Section 18984.13(d) for a period of time specified by City or until 897 City provides notice that the quarantine has been removed and directs Contractor to Transport the 898 materials to the Approved Facilities for such material. 899 In accordance with Exhibit D, Contractor shall maintain records and submit reports regarding 900 compliance agreements for quarantined Organic Materials and Recyclable Materials that are 901 Disposed of pursuant to this subsection. 902

4.11 CONTAMINATION MONITORING 903

4.11.1 Annual Route Reviews 904
A. Methodology. Contractor shall, at its sole expense, conduct route reviews of Containers for 905 Prohibited Container Contaminants in a manner that meets the requirements of this Section ; is 906 approved by City; and results in all routes being reviewed at least annually. 907 Contractor’s route review shall include all Container types in service (Recyclable Materials and 908 Organic Materials) for all Customer Types. 909
Contractor shall develop a specific route review methodology to accomplish the above Container 910 inspection requirements and such methodology shall comply with the requirements of 14 CCR 911 Section 18984.5(b). Contractor shall submit its proposed route review methodology for the 912 1049
AGENDA ITEM NO. 5.

Page 24 of 70 ends

Service Agreement
coming year to City no later than December 1 of each year describing its proposed methodology 913 for the calendar year and schedule for performance of each route’s annual review. City, with 914 potential input from CalRecycle, will review and approve the proposed methodology. Contractor 915 may commence with the proposed methodology upon approval. 916 City Contract Manager may request, and Contractor shall accept, modifications to the schedule 917 to permit observation of the route reviews by City . In addition, Contractor shall work 918 collaboratively with City Contract Manager to confirm a reasonable schedule of each scheduled 919 Route review in line with City’s normal business hours, and location(s). 920 B. Contamination Notification. Upon identification of Prohibited Container Contaminants in a 921 Customer’s Container, Contractor shall provide the Customer with a notice of contamination in 922 the form of either a Courtesy Pick-Up Notice or a Non-Collection Notice as determined by the 923 Contractor. 924
C. Courtesy Pick -Up Notice. Upon identification of Prohibited Container Contaminants in a 925 Customer’s Container, Contractor shall provide the Customer a Courtesy Pick-Up Notice attached 926 or adhered to the Generator’s contaminated Container(s). 927 The courtesy pick-up notification shall, at a minimum: 928

1. Inform the Customer of the observed presence of Prohibited Container Contaminants. 929

2. Include the date and time the Prohibited Container Contaminants were observed. 930

3. Include information on the Customer’s requirement to properly Source S eparate 931 materials into the appropriate Containers, and the accepted and prohibited materials 932 for Collection in each Container. 933

4. Inform the Customer of the courtesy pick -up of the contaminated materials on this 934 occasion with information that Contractor may assess contamination Processing fees 935 and/or issue a Non-Collection Notice in the future. 936

5. Include photographic evidence. Photographic evidence may be provided by mail , e-937 mail, or text message and does not need to be included on the Courtesy Pick-Up Notice 938 attached to the Generator’s Contaminated Container(s). 939 The format of the Courtesy Pick-Up Notice shall be approved by the City Contract Manager and 940 must be a distinct color from the Non-Collection Notices. 941 Contractor shall Collect the contaminated Recyclable Materials and/or Organic Materials 942 Containers and either Transport the material to the appropriate Approved Facility for Processing; 943 or, Contractor may Collect the contaminated materials with the Solid Waste and Transport the 944 contaminated materials to the Approved Disposal Facility. 945 D. Non-Collection Notices 946

1. Non-Collection Notice. Upon identification of Prohibited Container Contaminants in a 947 Container in excess of standards agreed upon by the Parties or Excluded Waste, Contractor 948 1050
AGENDA ITEM NO. 5.

Page 25 of 70 ends

Service Agreement
shall provide a Non-Collection Notice to the Generator attached or adhered to the 949 Generator’s contaminated Container(s). 950
The Non-Collection Notice shall, at a minimum: 951
a. Inform the Customer of the reason(s) for non-Collection. 952 b. Include the date and time the notice was left or issued. 953 c. Describe the premium charge to Customer for Contractor to return and 954 Collect the Container after Customer removes the Contamination. 955 d. Describe that the Container(s) may be Collected as Solid Waste for an 956 additional charge. 957
e. Include photographic evidence of the violation(s). Photographic evidence 958 may be provided by mail, e -mail, or text message and does not need to be 959 included on the Non -Collection Notice attached to the Generator’s 960 Contaminated Container(s). 961

2. Contractor Return for Collection. Upon request from Customer, Contractor shall Collect 962 Containers that received Non-Collection Notices within one (1) Working Day of Customer’s 963 request if the request is made at least two (2) Working Days prior to the regularly scheduled 964 Collection Day. Contractor shall bill Customer for the extra Collection service event (“extra 965 pick-up”) at the applicable City-approved Rates only if Contractor notifies Customer of the 966 premium Rate for this service at the time the request is made by Customer. 967 E. Assessment of Contamination Processing Fees. If Contractor observes twenty percent (20%) or 968 more Prohibited Container Contaminants and has issued three (3) Courtesy Pick-Up N otice or 969 Non-Collection Notices within a calendar year , as appropriate, the Contractor may impose a 970 contamination fee approved by City for that Customer’s Service Level . The intent of 971 Contamination Fees is to provide a behavioral tool to educate and prevent Customers from 972 placing Source Separated Discarded Materials into the improper designated C ontainer(s). To 973 ensure that assessment of fees are to be used for the intended purposes and not as a form of 974 revenue generation, Contractor agrees that Contamination fees shall not exceed one percent (1%) 975 of Contractor ’s Gross Receipts in any calendar quarter . In the event that Contamination fees 976 exceed one percent (1%) of Contractor’s Gross Receipts in any calendar quarter, the assessment 977 of Contamination fees shall be suspended immediately and indefinitely pending a program 978 assessment by City and Contractor. Upon program suspension or at the request of City at any time 979 during the Term of the Agreement, City and Contractor shall meet and confer regarding the 980 application and effectiveness of Contamination fees in accomplishing the behavior change. If the 981 program is suspended due to excessive revenue generation, City may require Contractor to either: 982 i) modify the program parameters; ii) modify the amount of the Contamination fee; or, iii) return 983 to City any funds generated by the Contamination fee which exceed one percent ( 1%) of 984 Contractor’s Gross Receipts for a given period of time. 985 Contractor shall leave a Contamination Processing Fee Notice attached to the Generators’ 986 contaminated Container(s). Contractor must also deliver notice by mail to the bill-payer’s address 987 within twenty-four (24) hours of assessing the contamination fee. 988 1051
AGENDA ITEM NO. 5.

Page 26 of 70 ends

Service Agreement

1. Contamination Processing Fee Notice. Contamination Processing Fee Notices shall be in a 989 format approved by City Contract Manager. Contractor shall notify City in its monthly report 990 of Customers for which contamination Processing fees were assessed per Section 4.11.1(F). 991 Each Contamination Processing Fee Notice shall, at a minimum: 992 a. Describe the specific material(s) of issue. 993
b. Explain how to correct future set outs. 994
c. Indicate that the Customer will be charged a contamination Processing fee on 995 their next bill. 996
F. Reporting Requirements. 997
Monthly, quarterly, and annual reporting requirements associated with contamination 998 monitoring are detailed in Exhibit D. 999

4.11.2 Waste Characterization Studies 1000
A. Recyclable Materials . Contractor shall, at its sole expense, design and perform Recyclable 1001 Materials characterization studies at least once every two (2) years . Contractor agrees to 1002 participate and cooperate with City and its agents and to accomplish studies and data collection 1003 and prepare reports, as needed and directed by City . Contractor shall propose a study 1004 methodology that must include a minimum of ten (10) Tons of Recyclable Materials, stratified 1005 across no fewer than three (3) distinct days of service, from the City at the Approved Recyclable 1006 Materials Processing Facility. The methodology must be approved by the City Contract Manager 1007 in writing prior to Contractor conducting such a study. 1008 B. Organic Materials. Contractor shall, at its sole expense, design and perform w aste 1009 characterization at least once every two (2) years. Contractor agrees to participate and cooperate 1010 with City and its agents and to accomplish studies and data collection and prepare reports, as 1011 needed and directed by City. Contractor shall propose a study methodology that must include a 1012 minimum of ten (10) Tons of Organic Materials, stratified across no fewer than three (3) distinct 1013 days of service, from City at the Approved Organic Materials Processing Facility. The methodology 1014 must be approved by City Contract Manager in writing prior to Contractor conducting such a 1015 study. 1016
C. Scheduling and Observation of Studies. Contractor shall, no later than July 15th of each calendar 1017 year, provide City with a proposed methodology for each type of study and a schedule of studies 1018 for the upcoming Rate Year for review and approval by City. City shall be notified at least thirty 1019 (30) days in advance of each study and City, or City’s designated third party, maintains the right 1020 to observe all aspects of the study. The studies shall be scheduled within City’s normal business 1021 hours, and City Contract Manager may request, and Contractor shall accept, modifications to the 1022 schedule to permit observation by City. 1023
D. Recordkeeping and Reporting. Contractor shall maintain records of each study conducted and 1024 report results directly to City within fourteen (14) days of completing the. 1025 E. General. Pursuant to the requirements of SB 1383, 14 CCR, Division 7, Chapter 12, Article 10, City 1026 1052
AGENDA ITEM NO. 5.

Page 27 of 70 ends

Service Agreement
is responsible for developing and implementing a Food Recovery program in the City. Contractor 1027 shall cooperate with and shall not impede, interfere, or attempt to impede or interfere with the 1028 implementation, expansion, or operation of Food Recovery program efforts in the City. 1029 1030
ARTICLE 5. 1031
STANDARD OF PERFORMANCE 1032

5.1 GENERAL 1033
Contractor shall at all times comply with Applicable Law and provide services in a manner that is safe to 1034 the public and the Contractor’s employees. 1035

5.2 OPERATING HOURS AND SCHEDULES 1036
A. Hours of Collection. To preserve peace and quiet, and minimize theft of Recyclable Materials and 1037 Organic Materials, the Company shall schedule no Collections from any Premises on any day 1038 earlier than 6:00 a.m. or later than 6:00 p.m. provided, however, that City may, at its sole 1039 discretion, change the Collection time as required by the needs of the Customers or Contractor. 1040 B. Changes in Collection Route s. For Residential Collection services, Contractor shall perform 1041 Collection of Recyclable Materials and Organic Materials on the same day as the City’s Solid Waste 1042 Collection. If City needs to revise any Residential Solid Waste Collection routes, City will notify 1043 Contractor and Contractor shall revise their Recyclable Materials and Organic Materials routes to 1044 match. 1045
Prior to the Commencement Date of this Agreement, Contractor shall provide City with route 1046 maps for Comm ercial routes identifying at a minimum: the type of route (e.g. , Recyclable 1047 Materials or Organic Materials). City shall either approve or deny proposed standard Commercial 1048 Collection routes., If City denies any standard Collection routes, Contractor may request a meet 1049 and confer with City Contract Manager to discuss potential options. City Contract Managers 1050 decision shall be final with respect to any routing changes that may impact the day of service of 1051 any Customer. 1052
C. Holiday Collection. Collection of Recyclable Materials and Organic Materials shall be made on all 1053 holidays that fall on a day of service with no exception. 1054

5.3 COLLECTION STANDARDS 1055
A. Servicing Containers. Contractor shall Collect and return each Container to the location where 1056 the Occupant placed the Container for Collection . Contractor shall place the Containers upright 1057 with lids properly secured . For Customers other than Single -Family Residential Customers, 1058 Contractor shall, without additional charge to the Customer, pull or push Containers up to twenty-1059 five (25) feet from the location where the Occupant placed the Container for Collection to the 1060 Collection vehicle for service. 1061
Contractor, at the request of Customers, may provide special services including: (i) unlocking 1062 1053
AGENDA ITEM NO. 5.

Page 28 of 70 ends

Service Agreement
Containers; (ii) accessing Container enclosures with a key; or , (iii) pulling or pushing Containers 1063 distances greater than twenty-five (25) feet . Contractor may charge Customers for such extra 1064 services at the Rates approved by City for such services. 1065 Contractor shall guarantee complete Curbside Recyclable Materials and Organic Materials 1066 Collection service on each route on each day of Collection service. Liquidated Damages may be 1067 assessed by City , against Contractor for failure to Collect Recyclable Materials and/or Organic 1068 Materials which have been properly set out for Collection. 1069 If Contractor fails to Collect Recyclable Materials Containers or Organic Materials Containers from 1070 Customers within twenty-four (24) hours of receiving notification of the missed pickups, City shall 1071 have the right to Collect such Containers and Contractor shall reimburse City for the reasonable 1072 costs incurred to Collect such Containers. 1073
C. Litter Abatement. Contractor shall use due care to prevent spills or leaks of material placed for 1074 Collection, fuel, and other vehicle fluids while providing services under this Agreement . If any 1075 materials are spilled or leaked during Collection and Transportation, Contractor shall clean up all 1076 spills or leaks before leaving the site of the spill. In the event that Contractor refuses to clean up 1077 spills or leaks, City may withhold compensation in a reasonable amount that is required to cover 1078 City’s costs of cleaning up the spill or leak. 1079
Contractor shall not Transfer loads from one vehicle to another on any Public Street, unless it is 1080 necessary to do so because of mechanical failure, combustion of material in the truck, or 1081 accidental damage to a vehicle. 1082
Contractor shall cover all open Drop Boxes at the pickup location before Transporting materials 1083 to the Approved Facility. 1084
Contractor shall conduct public outreach to Customers on best management practices for litter 1085 abatement at no extra charge. Such best management practices include, without limitation: 1086

1. Closing Container lids and right sizing service: Contractor staff will tag overfull Containers 1087 with Courtesy Pick-Up Notices, which will serve as outreach and education to the Customer. 1088 Photos of the Container will be taken by drivers, attached to the Customer’s account, and 1089 will be available to outreach and Customer service staff in order to demonstrate to the 1090 Customer where a problem exists. 1091

2. Driver training on litter reduction techniques and litter removal best management 1092 practices. 1093

3. Affixing signage to the back of Contractor trucks which provides a phone number for 1094 residents to report material spills. 1095
D. No Commingling of Materials. Contractor shall Collect materials generated in the City in 1096 Collection vehicles separately from other materials generated outside the City service area, unless 1097 otherwise approved by City Contract Manager. Contractor shall not commingle materials which 1098 have been Source Separated with other materials types (for example, Source Separated 1099 Recyclable Materials which have been properly placed for Collection shall not be combined with 1100 Source Separated Organic Materials). 1101
1054
AGENDA ITEM NO. 5.

Page 29 of 70 ends

Service Agreement

5.4 TRANSFER AND PROCESSING STANDARDS 1102

5.4.1 Equipment and Supplies 1103
{Note to proposers: This section will be updated if proposers do not own the Approved Processing 1104 Facilities.} Contractor shall equip and operate the Approved Processing Facilities in a manner to fulfill 1105 Contractor’s obligations under this Agreement. Contractor is solely responsible for the adequacy, safety, 1106 and suitability of the Approved Processing Facilities. Contractor shall modify, enhance, and/or improve 1107 the Approved Processing Facilities as needed to fulfill Services under this Agreement. 1108 Contractor shall provide all rolling stock, stationary equipment, material storage containers, spare parts, 1109 maintenance supplies, Transfer, Transport, and Processing equipment, and other consumables as 1110 appropriate and necessary to operate the Approved Processing Facilities and provide all services required 1111 by this Agreement. Contractor shall place the equipment in the charge of competent operators. 1112 Contractor shall repair and maintain all equipment at its own cost and expense. 1113

5.4.2 Scales and Weighing 1114
{Note to proposers: This section will be updated if proposers do not own the Approved Processing 1115 Facilities.} Contractor is solely responsible for ensuring accurate weighing of all materials entering and 1116 leaving the Approved Processing Facilities. 1117
A. Facility Scales. Contractor shall maintain State -certified motor vehicle scales in accordance with 1118 Applicable Law. All scales shall be linked to a centralized computer recording system at the 1119 Approved Processing Facilities to record weights for all incoming and outgoing materials. Contractor 1120 shall provide back-up generator(s) capable of supplying power to the scales in the event of a power 1121 outage. Contractor shall promptly arrange for use of substitute portable scales should its usual 1122 scales not be available for whatever reason. Pending substitution of portable scales, Contractor shall 1123 as necessarily estimate the Tonnages of materials delivered to and Transported from the Approved 1124 Processing Facilities, based on delivery vehicle and Transfer trailer volumes, tare weights, and/or 1125 other available facility weight records. These estimates shall take the place of actual weights while 1126 scales are inoperable and shall be identified as estimates in electronic records and reporting. 1127 B. Tare Weights. No less than thirty (30) calendar days prior to the Commencement Date, Contractor 1128 shall ensure that all v ehicles used by Contractor to deliver Recyclable Materials and Organic 1129 Materials to the Approved Processing Facilities are weighed to determine unloaded (“tare”) 1130 weights. Contractor shall electronically record the tare weight, identify vehicle as Contractor owned, 1131 and provide a distinct vehicle identification number for each vehicle. Contractor shall provide City 1132 with a report listing the vehicle tare weight information upon request. Contractor shall promptly 1133 weigh additional or replacement vehicles prior to placing them into service. Contractor shall check 1134 tare weights at least annually, or within fourteen (14) calendar days of a City request, and shall re-1135 tare vehicles immediately after any major maintenance or service event. 1136 C. Testing. Contractor shall test and calibrate all scales in accordance with Applicable Law. 1137 D. Records. Contractor shall maintain computerized scale records and reports that provide 1138 information including date of receipt, inbound time, inbound and outbound weights of vehicles, and 1139 vehicle identification number. Contractor shall also maintain computerized scale records and 1140 reports providing historical vehicle tare weights for each vehicle and the date and location for each 1141 tare weight recorded. 1142
1055
AGENDA ITEM NO. 5.

Page 30 of 70 ends

Service Agreement
1143

5.5 COLLECTION VEHICLE REQUIREMENTS 1144
A. Vehicle Requirements. Contractor shall provide a fleet of Collection vehicles sufficient in number 1145 and capacity to efficiently perform the work required by the Agreement in strict accordance with 1146 its terms . Contractor shall have available sufficient back -up vehicles for each type of Collection 1147 vehicle used to respond to scheduled and unscheduled maintenance, service requests, Complaints, 1148 and emergencies. 1149

1. All such vehicles shall have watertight bodies designed to prevent leakage, spillage, or 1150 overflow. All such vehicles shall meet On-Road Heavy Duty Vehicle emissions requirements 1151 for model year 20 20, regardless of the actual model year of Contractor’s vehicles, and 1152 generally comply with all Federal, State, and local laws and regulations. Contractor’s vehicles 1153 shall utilize Recycled motor oil to the extent practicable. 1154

2. Collection vehicles shall present a clean appearance while providing service under this 1155 Agreement. 1156
B. Vehicle Display. Contractor’s name and local telephone number shall be displayed on all vehicles in 1157 at least four (4) inch characters. Vehicles shall be equipped with sign board holders or other 1158 hardware to allow public education signage of no less than thirty-six (36) by forty-eight (48) inches 1159 to be displayed on both sides of the vehicle. At City’s request, Contractor shall allow City -related 1160 promotional ads to be placed on Collection vehicles operating in the City. Contractor shall be 1161 responsible for installing the logo or promotional advertisements. 1162 C. Vehicle Inspection. Contractor shall inspect each vehicle daily to ensure that all equipment is 1163 operating properly. Vehicles that are not operating properly shall be taken out of service until they 1164 are repaired and operate properly. Contractor shall repair or arrange for the repair of all its vehicles 1165 and equipment for which repairs are needed because of accident, breakdown or any other cause so 1166 as to maintain all equipment in a safe and operable condition . City Contract Manager may inspect 1167 vehicles at any reasonable time, and within three (3) calendar days of such a request, to determine 1168 compliance with sanitation requirements. 1169
D. Vehicle Operations. All Collection operations shall be conducted as quietly as possible and shall 1170 conform to applicable Federal, State, County, and City noise level regulations, including the 1171 requirement that the noise level during the stationary compaction process not exceed sixty (60) 1172 decibels with the exception of sixty -five (65) decibels for one (1) minute duration. All decibel 1173 readings shall be based on a distance of ten (10) feet from any part of the Vehicle. City may request 1174 Contractor to check any piece of equipment for conformance with the noise limits in response to 1175 Complaints and/or when City Contract Manager believes it is reasonable to do so. 1176 E. Applicable Law. All collection vehicles shall comply at all times with Applicable Law, including but 1177 not limited to California Air Resources Board (“CARB”) Truck and Bus Regulation (13 CCR 2025) and 1178 advanced clean fleets regulation (13 CCR 1963 -1963.5 and 2012 -2012.2), including any 1179 modifications, administrative or legal determinations, and amendments thereto. The Parties 1180 acknowledge the requirements of the advanced clean fleets regulation adopted by the CARB in 2023 1181 and Contractor acknowledges that vehicles with a gross vehicle weight rating greater than 8,500 1182 pounds and light-duty package delivery vehicles operated in California may be subject to the CARB 1183 1056
AGENDA ITEM NO. 5.

Page 31 of 70 ends

Clovis City CouncilFebruary 18, 2025

Clovis City Council
February 18, 2025