Gonzales City Council
March 6, 2023

Any writing or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at City Hall located at 147 Fourth Street, Gonzales, California, during normal business hours.

A G E N D A

JOINT MEETING OF THE

GONZALES CITY COUNCIL AND

GONZALES SUCCESSOR AGENCY
CITY COUNCIL CHAMBERS – 117 FOURTH STREET
GONZALES, CA 93926
MONDAY, MARCH 6, 2023
6:00 P.M.

CALL TO ORDER

PLEDGE OF ALLEGIANCE

1. ROLL CALL- City Council/Successor Agency
Mayor Pro Tem/Vice Chair Scott Funk, Council/Agency Member Liz Silva, Council/Agency Member Lorraine Worthy, Council/Agency Member Maria Orozco, Mayor/Chair Jose L. Rios
Youth Commissioners
Sherlyn Flores and Luke Naegle
Successor Agency Item

PUBLIC NOTICE
This meeting is being conducted consistent with State of California Executive Order N-29-20 dated March 17, 2020, regarding the COVID-19 pandemic. The public may participate in person or online via zoom at https://us06web.zoom.us/j/84823456479 or call 1-1669-900-6833 and use Meeting ID: 848 2345 6479. If you wish to make either a general public comment or to comment on a specific agenda item, please use the Raise Hand function. You will be allowed three minutes for your comments.

If you choose not to attend the City Council meeting but wish to make a comment on a specific agenda item, please submit your comment limited to 250 words or less by 12:00p.m. on the day of the meeting to the City Clerk at [email protected]

PRESENTATIONS

2. Central Coast Community Energy Annual Update

BUSINESS FROM THE PUBLIC

3. Business from the Public not on the Agenda; any member of the Public may address the Council/Agency for a period not to exceed three minutes on any subject not on the Agenda. The Council/Agency will listen to all communications but may take no action.

*
Any writing or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at City Hall located at 147 Fourth Street, Gonzales, California, during normal business hours.

CONSENT AGENDA
All matters listed under the Consent Agenda are considered routine by the City Council and will be adopted by one action of the Council unless any Council Member has a question or wishes to make a statement or discuss an item. In that event, the Mayor will remove the item from the Consent Calendar for separate consideration.

4. Approve the Joint City Council, Successor Agency, and Planning Commission - Regular Meeting - February 21, 2023 Minutes

5. Approve City Accounts Payable Warrants #48220-48266

REGULAR AGENDA

6. Consideration to Release a Request for Proposals by the Cities of Gonzales, Soledad, Greenfield, and King City to Select a Contractor to Collect Solid Waste, Recyclables, and Organic Waste within the Boundaries of Each City as a Single Franchise Collection Zone a) Staff Report
b) Public Comment
c) Council Discussion
d) Council Action
Staff Recommended Action-Approve the release of the Request for Proposals

7. Consider Approval of Resolution No. 2023-12, A Resolution of the City Council of the City of Gonzales Approving a Memorandum of Understanding Between the City of Gonzales and TriCities Disposal and Recycling Services Regarding Negotiations for Amendments to the Exclusive Solid Waste, Recycling and Organics Collection Services Program Agreements a) Staff Report
b) Public Comment
c) Council Discussion
d) Council Action
Staff Recommended Action-Adopt Resolution No. 2023-12

8. Establish a City Council “Housing Development Ad Hoc Committee — DR Horton” a) Staff Report
b) Public Comment
c) Council Discussion
d) Council Action
Staff Recommended Action-Establish the committee with the appointment of two members from the City Council

BUSINESS FROM CITY COUNCIL

9. City Council Board/Committee Reports
a. Transportation Agency for Monterey County
b. Mayor Selection Committee
c. Salinas Valley Recycles
d. Measure K Oversight Committee
e. South Salinas Valley Broadband Authority

10. Oral Communications

BUSINESS FROM CITY MANAGER

11. Oral Communications

ADJOURNMENT
In compliance with the American with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk at (831) 675-5000. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. (CFR 35.102-35.104 ADA Title II). This is a public meeting and as such, can be seen live by people present or online and is being recorded; therefore; anything you say or do here is public information. The recordings are available online. *
Presentation to City of Gonzales

03.06.2023
Judi Young
Senior Customer Accounts Manager
Packet Pg. 3
Attachment: CCCE FY 22-23 Annual Presentation (2649 :

AGENDA
ITEM
2 CCA
Community Choice Aggregation
Investor-Owned Utility Customers
Purchases electricity on
behalf of local communities;
develops programs, rebates,
and incentives
Delivers electricity,
maintains infrastructure,
and handles billing
Benefits from local control,
competitive rates, and
clean energy as well as
CCA programs, rebates,
and incentives
Packet Pg. 4
Attachment: CCCE FY 22-23 Annual Presentation (2649 :

Our Formation
2017
MBCP founded by
Counties of Monterey,
San Benito, Santa Cruz
2020
Service expands to
Cities in San Luis
Obispo County
2021
CCCE service
expands to County of
Santa Barbara
Packet Pg. 5
Attachment: CCCE FY 22-23 Annual Presentation (2649 :

Member Agencies in five counties
34 400,000+
Customers
$1 billion
Investment in renewable energy
$26 million in customer programs
Packet Pg. 6
Attachment: CCCE FY 22-23 Annual Presentation (2649 :

Enrollment in communities
94%
5000 GWh
Electricity delivered in 2022
45,049
Customers in unicorporated Santa Barbara
County and Buellton enrolled in 2021/2022
Packet Pg. 7
Attachment: CCCE FY 22-23 Annual Presentation (2649 :

Clean and 03 Renewable Power
Our Commitment
01 Local Control 02 Competitive Rates
Community 04 Reinvestiment
Packet Pg. 8
Attachment: CCCE FY 22-23 Annual Presentation (2649 :
01 Local Control
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Attachment: CCCE FY 22-23 Annual Presentation (2649 :

COASTAL CITIES
Marina
Sand City, Seaside
Del Ray Oaks*

PENINSULA CITIES
Carmel*
Monterey
Pacific Grove*

SALINAS CITIES
Greenfield
Gonzales*
Soledad

SAN BENITO CITIES
Hollister*
San Juan Bautista

SANTA CRUZ CITIES
Capitola*
Scotts Valley
Our Governance

SLO CITIES
San Luis Obispo*
Morro Bay

SLO NORTH CITIES
Paso Robles*
Atascadero

SLO SOUTH CITIES
Arroyo Grande
Grover Beach
PismoBeach*

SB COUNTY CITIES
Guadalupe
Solvang*
Buellton

SB COUNTY CITIES
Goleta
Carpinteria*
Packet Pg. 10
Attachment: CCCE FY 22-23 Annual Presentation (2649 :

Our Focus
Competitive Rates
Provide affordable
energy, competitive with
incumbent utility
Electrification
Facilitate adoption of allelectric buildings and
transportation
Economic Growth
Invest in local
communities and help
develop workforce
Reduce emissions and
promote reliability and
local control
GHG Reductions
Packet Pg. 11
Attachment: CCCE FY 22-23 Annual Presentation (2649 :
02 Competitive Rates
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Attachment: CCCE FY 22-23 Annual Presentation (2649 :

Average Residential Savings
Average approximate
difference between PG&E and
CCCE residential generation
rates in 2022
18%
Small to medium commercial*
customers savings after March
2022
2% to 19%
0%
2%
4%
6%
8%
10%
12%
14%
16%
18%
20%
2018 2020 2022
*Because our IOU imposes an additional demand charge that we do not, we cannot provide a percent savings for large commercial and agriculture accounts. Packet Pg. 13 Attachment: CCCE FY 22-23 Annual Presentation (2649 :

Clean & Renewable 03 Power
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Attachment: CCCE FY 22-23 Annual Presentation (2649 :

Procurement Targets
2030 Planned Resource Mix 2025 2030
60%
47% 43% 10%
Solar Wind Geothermal
100%
Packet Pg. 15
Attachment: CCCE FY 22-23 Annual Presentation (2649 :
102 MW
Solar + Storage
575 MW generation
183 MW storage
150 MW solar only
Standalone
Storage
Geothermal
98 MW
Wind
33 MW
9 541
Procurement Mix
Executed
contracts for 19
renewable
energy projects
Packet Pg. 16
Attachment: CCCE FY 22-23 Annual Presentation (2649 :

Projects Online in 2022
Coso Geothermal
66 MW Generation
11% Annual Load
January 2022
Slate Solar + Storage
68 MW Generation
34 MW Battery Storage
4% Annual Load
March 2022 Mammoth Casa Diablo IV
7 MW Generation
1% Annual Load
July 2022
22%
Annual
Load
234 MW
50 MW Rabbitbrush
Solar + Storage
60 MW Generation
12 MW Storage
3% Annual Load
October 2022
Mountain View Wind
33 MW Generation
3% Annual Load
July 2022
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Attachment: CCCE FY 22-23 Annual Presentation (2649 :

Why electrify?
Transportation accounts for 41% of CA
emissions. Gas appliances account for 12%.

Reduce GHG Emissions
Gas appliances impact indoor air quality and
public health. Diesel exhaust is linked to
multiple serious conditions.

Better Health Outcomes
Every CCCE customer is on a pathway to
carbon-free energy by 2030. Switching from
gas to electric vehicles and appliances helps
our region finish the job.

Make an Impact
Packet Pg. 18
Attachment: CCCE FY 22-23 Annual Presentation (2649 :

Community 04 Reinvestment
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Attachment: CCCE FY 22-23 Annual Presentation (2649 :

FY 21/22: Community Reinvestment
Electric School Bus
$1.4M awarded to schools
Est. 148 mT CO2 emissions
avoided each year
$2.4M awarded to customers
Est. 2,500 mTCO2 emissions
avoided each year
$600K+ awarded to
affordable housing
Est. 170 mT CO2 emissions
avoided each year
Electrify Your Ride New Construction
Electrification
Packet Pg. 20
Attachment: CCCE FY 22-23 Annual Presentation (2649 :

Residential Programs
Service Description Price
Electrify
Your Ride
Plug-In, Battery, Motorcycles,
Leased, Used, Chargers and
Readiness
$1,000-$4,000
Electrify
Your Home
HVAC, Heat Pump Water
Heater, Panel Replacement $450-$4,000
New Construction
Electrification
Fully electric Accessory Dwelling
Units $5,000
Packet Pg. 21
Attachment: CCCE FY 22-23 Annual Presentation (2649 :

Member Agencies
$5,000 - $100,000 per unit
Electrify Your Fleet
Up to $100,000; additional funds to Plan
Your Fleet
Charge Your Fleet
$100,000 budgeted for third-party
implementation
Reach Code Program
Packet Pg. 22
Attachment: CCCE FY 22-23 Annual Presentation (2649 :

Businesses
$15,000 - $100,000, designed to cover
between 70% - 100% of project
Ag Equipment
$2,500 per affordable or farm worker
housing unit
New Construction Electrification
Up to $150,000 for DCFC Level 3 Chargers
Electrify Your Ride
Packet Pg. 23
Attachment: CCCE FY 22-23 Annual Presentation (2649 :

Underserved Communities
Broadband initiative, support for
contractors
Workforce Development
Farmworker
Housing+Transportation
Income-qualified customers eligible for
extra $1,000 EYR + EYH rebates
Additional Incentives
Packet Pg. 24
Attachment: CCCE FY 22-23 Annual Presentation (2649 :
3CE Energy Programs in City of Gonzales
Total Investment: $230,207
Agriculture
Electrification
Program
FY 21/22
Central Coast
Incentive Project
FY 20/21
Electric School Bus
Program
FY 20/21
Electrify Your Ride
FY 21/22
$19,107 $10,000 $200,000 $1,100
Packet Pg. 25
Attachment: CCCE FY 22-23 Annual Presentation (2649 :
3cenergy.org
Packet Pg. 26
Attachment: CCCE FY 22-23 Annual Presentation (2649 :

CREDITS: This presentation template was created by Slidesgo, including icons by Flaticon and infographics & images by Freepik Thanks
Do you have any questions?
3CE.org
[email protected]
Packet Pg. 27
Attachment: CCCE FY 22-23 Annual Presentation (2649 :

CREDITS: This presentation template was created by Slidesgo, including icons by Flaticon and infographics & images by Freepik Insert Power Source Map
Packet Pg. 28
Attachment: CCCE FY 22-23 Annual Presentation (2649 :

MINUTES

JOINT MEETING OF THE

GONZALES CITY COUNCIL,

GONZALES SUCCESSOR AGENCY,
AND

PLANNING COMMISSION
TUESDAY, FEBRUARY 21, 2023
6:00 P.M.

CALL TO ORDER
The meeting was called to order at 6:00 PM by Mayor Jose L. Rios.

PLEDGE OF ALLEGIANCE
The flag salute was recited by all present.

ROLL CALL - City Council/Successor Agency
Attendee Name Title Status
Jose L. Rios Mayor/Chair Present
Scott Funk Mayor Pro Tem/Vice Chair Present
Liz Silva Council/Agency Member Present
Lorraine Worthy Council/Agency Member Present
Maria Orozco Council/Agency Member Present
ROLL CALL - Planning Commission
Attendee Name Title Status
Gloria Velasquez Chair Present
Ernesto Mancera Chair Pro Tem Present
Myrna Morales Commissioner Absent
Adrian Paco Commissioner Present
Tencia Vargas Commissioner Present

YOUTH COMMISSIONERS

Absent: Sherlyn Flores and Luke Naegle.

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Minutes Acceptance: Minutes of Feb 21, 2023 6:00 PM (CONSENT AGENDA) AGENDA
ITEM
4

STAFF PRESENT
City Manager Trevin Barber, City Attorney Michael F. Rodriquez, Director of Community Engagement and Strategic Partnerships Carmen Gil, Community Development Director Taven Kinison Brown, Executive Assistant to the City Manager/Deputy City Clerk Mary Villegas, Development Services Technician/Admin. Analyst Alejandra Flores, Administrative Assistant II Marisol Gomez, Public Works Director/City Engineer Patrick Dobbins, Police Chief Keith Wise, and Finance Director Mike Howard.

Successor Agency Item

PUBLIC NOTICE
This meeting is being conducted consistent with State of California Executive Order N-29-20 dated March 17, 2020, regarding the COVID-19 pandemic. The public may participate in person or online via zoom at https://us06web.zoom.us/j/81130153263 or call 1 (669) 900-6833 and use Meeting ID: 811 3015 3263. If you wish to make either a general public comment or to comment on a specific agenda item, please use the Raise Hand function. You will be allowed three minutes for your comments.

If you choose not to attend the City Council meeting but wish to make a comment on a specific agenda item, please submit your comment limited to 250 words or less by 12:00p.m. on the day of the meeting to the City Clerk at [email protected]

JOINT ITEM WITH THE PLANNING COMMISSION

2. Water Supply Assessment - Administrative Draft: Vista Lucia Specific Plan Area Staff Report: Community Development Director Kinison Brown presented the staff report via powerpoint presentation. He gave a project introduction, and explained the proposed project estimated water demands, estimated water demands for existing and other planned uses, water supply characterization, and sufficiency analysis.

Public Comment: Henry Martinez Sr., 112 Tenth Street, talked about doing ditches on the road like Pleasanton; and irrigation water recycling.

Council Discussion: Greg Young from Zanjero AMS Company, and City staff asked questions from the Council regarding drawing water from the aquifers; how the water estimate was measured; City’s wells, and agencies in charge of the groundwater sustainability plan.

No action required. The Council and Planning Commission received the presentation and acknowledged that the Water Supply Assessment will be used to inform environmental review for the Vista Lucia Specific Plan Project and may be used as an informational foundation for other development projects under review, including the Rianda Family Cooler Project, the Puente Del Monte Specific Plan, the development of the D’Arrigo 138 acres within City limits east of Hwy 101, and future buildout of the Gonzales Agricultural Industrial Park.

Mayor Rios asked for a moment of silence in honor of brothers and community members Brian and Kirk Violini, who passed tragically last weekend.

A moment of silence was observed by all present.

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Minutes Acceptance: Minutes of Feb 21, 2023 6:00 PM (CONSENT AGENDA)

ADJOURN TO REGULAR COUNCIL-SA MEETING
The Joint City Council and Planning Commission meeting was adjourned at 6:41pm.

BUSINESS FROM THE PUBLIC

3. Business from the Public not on the Agenda; any member of the Public may address the Council for a period not to exceed three minutes on any subject not on the Agenda. The Council will listen to all communications, but may take no action.

Henry Martinez Sr., 112 Tenth Street, commented about not receiving a letter from the Police Department regarding the incident where he supposedly walked out voluntarily with two officers.

He elaborated on the incident from October. He asked to send the letter again to him via certified mail since he didn't receive the first one.

Roman Barba, 123 Second Street, talked about growing up and going to school with Brian, and both brothers were Spartans and big donors for the wrestling teams.

CONSENT AGENDA

4. Approve the Joint City Council and Successor Agency - Regular Meeting - February 6, 2023 Minutes

5. Approve City Accounts Payable Warrants #48160-48219

6. Community Development Department Activity Report

7. Community Engagement & Strategic Partnerships Activity Report

8. Fire Department Activity Report

9. Police Department Activity Report

10. Public Works/City Engineer Department Activity Report

11. Recreation Department Activity Report

12. Consider Approval of a Retroactive Agreement Between the City of Gonzales and Armanasco Public Relations, Inc. from January 1, 2023 through December 31, 2023, for Services Rendered to Support the Community Center Capital Campaign for a Not to Exceed Amount of $90,000; and Amend the FY 2022-2023 City Budget by Increasing the Measure X Budget (Budget Unit 100- 800), Other Contractual Services (Object Code 6245) by $45,000 RESULT: APPROVED [UNANIMOUS]
MOVER: Liz Silva, Council Member
SECONDER: Maria Orozco, Council Member
AYES: Jose L. Rios, Scott Funk, Liz Silva, Lorraine Worthy, Maria Orozco

BUSINESS FROM CITY COUNCIL

13. City Council Board/Committee Reports
a. League of California Cities Monterey Bay Division
Mayor Rios asked Council Member Orozco if she could report at the next meeting since she was attending the March 13th Division meeting. Mayor Pro Tem Funk informed the March 13th Division meeting scheduled in Watsonville was open to the entire Council. He said that historically, the League would hold three a year but it hasn’t had one the last couple of years due to Covid, but Gonzales has represented well in the past, and he encouraged anyone who Packet Pg. 31
Minutes Acceptance: Minutes of Feb 21, 2023 6:00 PM (CONSENT AGENDA)

can make it. He announced Congressman Panetta will be the speaker. b. Association of Monterey Bay Area Governments
Mayor Pro Tem Funk reported on the early action planning grants for regional competitiveness and transportation, which there may be an opportunity for us; and CalVans Vanpool Authority meeting he attended in Visalia where he saw a lot of people from Gonzales.
c. Monterey Salinas Transit
Council Member Worthy reported on the Vanpools from San Jose coming to our area; implementation of the Better Bus Network busing system; circulators program; and resolutions thanking Congressman Panetta and Senators Padilla and Feinstein for their support in transportation funding. She thanked Public Works Director Dobbins for giving MST the list of approved contractors.
d. City & School Joint Steering Committee
City Manager Barber reported staff is planning one for March.

14. Oral Communications
Council Member Worthy thanked the Police Department for their work this weekend in conjunction with the Monterey Sheriff's Department on the tragedy that happened in our community. She said her husband could feel the sadness as he walked around the community because that’s how small we are. She suggested saying hello to the neighbors, and do something kind for another person because right now things are a little tough. She announced the food pantry this on Friday at 9:00am.

Council Member Silva echoed Council Member Worthy’s comments and mentioned she went to school with the Violini brothers, and since we are a small town it affects us all. She appreciated the Mayor’s time in remembering them. She thanked the Public Safety Department for doing all they did, as well as the Sheriff's Department. She reminded everyone that when incidents happen, we need to funnel any inquiries directly to the right authorities, and not take it upon ourselves to put things on Facebook because you just don't know who's going to be reading them, and how they could be affected. She reminded everyone to be kind.

Mayor Pro Tem Funk mentioned about the unfortunate couple of tragedies this weekend and appreciated the community for stepping up and helping those who have lost family members, and the school farm. He thanked Public Works in advance for their efforts next week which we expect a lot of rain.

Council Member Orozco echoed the Council’s comments on the tragedies and also expressed her condolences to the Cazares and Garcia’s families for their loss as well. She announced Ash Wednesday tomorrow and St. Theodore’s Church will be having enchiladas form 11:00am - 4:00pm, and Lenten Dinners every Friday.

Mayor Rios said it hurt him when he heard about the tragedy on Saturday because he has two sons that are not getting along, and he couldn’t get it out of his mind. He said he also went to school with the Violini brothers and never imagined something like that in our community and its sad about what’s going on now a days in the world with these shootings. He said he’s praying and hoping that we continue to have a safe community. He complimented the Council about putting together things in the past for our youth which are such a bright light in our community and he hoped they can overshadow everything bad that’s happening in the world. He was hoping the Youth Commissioners would be here tonight to tell them these comments.

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Minutes Acceptance: Minutes of Feb 21, 2023 6:00 PM (CONSENT AGENDA)

On another note, he was glad that we had wells on both sides of the freeway which is peace of mind knowing the disasters that happened in Turkey and Syria. He would like to see and hoped when the first development came in, that we have a public safety personnel in the area over there for response to where the majority of the population is, and we have to be realistic about it.

BUSINESS FROM CITY MANAGER

15. Oral Communications
City Manager Barber reported about the County Office of Emergency Services approving staff’s recommendation to adjust the flood levels for their evacuation maps, meaning that the zones have been redrawn so that the Alpine and Corda Camps will no longer be needlessly evacuated should we have another storm of that magnitude. He also reported on the County updating the Comprehensive Economic Development Strategy, and this is important because projects that are in the CEDS are eligible for county and federal funding, and staff wants to make sure that our interests are carefully added to that project.

Community Development Director Kinison Brown announced the Agricultural Committee meeting tomorrow night in the Council Chambers at 6:00pm.

CLOSED SESSION
Any member of the public may address the Council on a closed session item appearing on the agenda.

Speakers shall have a limited time of three (3) minutes. Please be brief and to the point.

16. The City Council will recess to closed session to meet with its designated representatives, Trevin Barber and Mike Howard, regarding labor relations matters pursuant to Government Code Section 54957.6. The employee organization is Gonzales Firefighters IAFF Union Local 538.

The Council voted unanimously to deny the claim of Rosales, and provided direction to legal counsel. No other reportable action taken.

17. The City Council will recess to closed session pursuant to Government Code Section 54956.9(A) to confer with its Attorney regarding pending litigation which has been initiated formally and to which the City is a party: Claim of G. Rosales.

Council provided direction to its labor negotiator Mike Howard. No other reportable action taken.

ADJOURNMENT
RESULT: APPROVED [UNANIMOUS]
MOVER: Jose Rios, Mayor
SECONDER: Lorraine Worthy, Council Member
AYES: Jose L. Rios, Scott Funk, Liz Silva, Lorraine Worthy, Maria Orozco The meeting was adjourned at 7:33 PM.

ATTEST:

Mary Villegas, Deputy City Clerk
Packet Pg. 33
Minutes Acceptance: Minutes of Feb 21, 2023 6:00 PM (CONSENT AGENDA) City Of Gonzales
Check Register Report
Check
Date
Check
Number
Status Amount
BANK:

Vendor
Number Vendor Name Check Description
RABOBANK Page: 1
Time: 3:30 pm
Date: 02/17/2023
Void/Stop
Date
Reconcile
Date
RABOBANK Checks
48220 02/17/23 Printed 1922 A & G PUMPING, INC. Porta Potties - Central Park 342.50 48221 02/17/23 Printed 444 AGRI-FRAME, INC Sandbag Filler Frame Repair 473.22 48222 02/17/23 Printed 108 AIRGAS Propane 162.47
48223 02/17/23 Printed 2 ALL - SAFE ALARMS Alarm Systems for City Bldgs. Monthly 1,114.00 Monitoring - Feb.

ALVAREZ TECHNOLOGY 363.85
GROUP, INC.
48224 02/17/23 Printed 3893 Dock & Monitor for PW
48225 02/17/23 Printed 4297 AMERICAN RAMP COMPANY Skate Park Phase 2 96,639.35 48226 02/17/23 Printed 137 AMERICAN SUPPLY CO. Janitorial Supplies 512.59 ARMANASCO PUBLIC 7,500.00

RELATIONS,
48227 02/17/23 Printed 3284 Capital Campaign Support
48228 02/17/23 Printed 3033 ASAP SIGNS & PRINTING Nameplates & Badges 242.48 48229 02/17/23 Printed 2830 AT&T Corp Yard Acct # 308309956 63.49 48230 02/17/23 Printed 4117 AT&T Monthly Charges - January 430.18 48231 02/17/23 Printed 86 AT&T Telephone Charges Acct # 9391012055 141.23 48232 02/17/23 Printed 3168 AUTOZONE INC. Vehicle Maint. Supplies 21.74 48233 02/17/23 Printed 1618 AVAYA FINANCIAL SERVICES Maintenance - Jan. & Feb. 1,282.52 CASNER EXTERMINATING, 260.00
INC.
48234 02/17/23 Printed 889 Extermination Services
48235 02/17/23 Printed 4128 JOSE CHAVEZ Travel - Local Assistance Ctr. 1/28/23 - 127.72 2/5/23
48236 02/17/23 Printed 1821 CSK AUTO, INC. Training 284.51 48237 02/17/23 Printed 3876 DAY CARTER & MURPHY LLP Microgrid Legal Services 1,567.50 48238 02/17/23 Printed 1410 DEPARTMENT OF JUSTICE Fingerprinting 379.00 48239 02/17/23 Printed 4184 DIMES MEDIA CORPORATION Sports Sponsorship - Jan. 340.00 48240 02/17/23 Printed 507 EMC PLANNING GROUP INC. Community Center CEQA 160.75 48241 02/17/23 Printed 1771 EMPLOY AMERICA Janitorial Services 1,000.00 48242 02/17/23 Printed 4327 EFRAIN FLORES RODANTE Gonzales Arts & Music Program 2,500.00 Community Action Grant
48243 02/17/23 Printed 4135 GUILLERMINA FLORES Travel - Local Assistance Ctr. 1/28/23 - 229.90 2/5/23
48244 02/17/23 Printed 4323 MARIA FLORES Travel - Local Assistance Ctr. 1/28/23 - 108.07 2/5/23
48245 02/17/23 Void 02/17/23 Void Check 0.00
GONZALES ACE HARDWARE 372.36
INC.
48246 02/17/23 Printed 3274 Drain Liquid Plumber
48247 02/17/23 Printed 225 GONZALES IRRIGATION Irrigation Repair 61.16 48248 02/17/23 Printed 2818 JARVIS FAY LLP. Legal Services - January 9,468.00 48249 02/17/23 Printed 3806 LEYVA'S TOWING INC. P.D. Tow 240.00 48250 02/17/23 Printed 72 MISSION UNIFORM SERVICE City Hall Mats 755.89 48251 02/17/23 Printed 661 MONTEREY BAY DIVISION Monterey Bay Division Dues 300.00 48252 02/17/23 Printed 245 MONTEREY COUNTY HEALTH Testing 12,108.50 48253 02/17/23 Printed 91 P. G. & E. Utilities Acct # 1024308210-3 33,242.26 48254 02/17/23 Printed 4092 RAZZO LINK, INC. Internet Service - Pool 75.09 48255 02/17/23 Printed 2673 SPECTRUM Internet Service 1,672.75 48256 02/17/23 Printed 3670 T-MOBILE Hotspot # 2 Acct # 967822590 7,569.83 48257 02/17/23 Printed 3880 THE MAYNARD GROUP Video Conferencing 313.77 Total Checks: 38 Checks Total (excluding void checks): 182,426.68 Total Payments: 38 Bank Total (excluding void checks): 182,426.68 Total Payments: 38 Grand Total (excluding void checks): 182,426.68 AGENDA
ITEM
Packet Pg. 34
Attachment: Warrants #48220-48266 (2651 : Approve City Accounts Payable Warrants #48220-48266) 5 City Of Gonzales
Check Register Report
Check
Date
Check
Number
Status Amount
BANK:

Vendor
Number Vendor Name Check Description
RABOBANK Page: 1
Time: 4:36 pm
Date: 02/24/2023
Void/Stop
Date
Reconcile
Date
RABOBANK Checks
THE SPCA OF MONTEREY 9,450.00
COUNTY
48258 02/20/23 Printed 1890 Monthly Services - January
TRANS UNION RISK AND 110.00

ALTERNATI
48259 02/20/23 Printed 3175 PD Investigative Program
48260 02/20/23 Printed 3577 U.S. BANK 2/6/23 Jason Muscio Acct # 4866 9145 577.78 5550 8537
48261 02/20/23 Printed 3410 ULINE, INC. Cleaning Supplies 146.19 48262 02/20/23 Printed 4050 USC FOUNDATION USC Cross Connection Renewal 120.00 48263 02/20/23 Printed 379 V & V MANUFACTURING, INC. Wallet Badge - Sgt. Bowen 105.19 48264 02/20/23 Printed 99 VOSTI'S, INC. Battery 176.08
WEST VALLEY 16,440.00

CONSTRUCTION CO
48265 02/20/23 Printed 476 Repair Copper Service Line
Total Checks: 8 Checks Total (excluding void checks): 27,125.24 Total Payments: 8 Bank Total (excluding void checks): 27,125.24 Total Payments: 8 Grand Total (excluding void checks): 27,125.24 Packet Pg. 35
Attachment: Warrants #48220-48266 (2651 : Approve City Accounts Payable Warrants #48220-48266) City Of Gonzales
Check Register Report
Check
Date
Check
Number
Status Amount
BANK:

Vendor
Number Vendor Name Check Description
RABOBANK Page: 1
Time: 4:32 pm
Date: 02/24/2023
Void/Stop
Date
Reconcile
Date
RABOBANK Checks
48266 02/24/23 Printed 115 QUILL CORP Stamp 258.99
Total Checks: 1 Checks Total (excluding void checks): 258.99 Total Payments: 1 Bank Total (excluding void checks): 258.99 Total Payments: 1 Grand Total (excluding void checks): 258.99 Packet Pg. 36
Attachment: Warrants #48220-48266 (2651 : Approve City Accounts Payable Warrants #48220-48266) City of Gonzales

CITY MANAGER DEPARTMENT

STAFF REPORT
TO:

DATE:

FROM:

Honorable Mayor Rios and City Council
March 6, 2023
Trevin W. Barber, City Manager
SUBJECT: Consideration to Release a Request for Proposals by the Cities of Gonzales, Soledad, Greenfield, and King City to Select a Contractor to Collect Solid Waste, Recyclables, and Organic Waste Within the Boundaries of Each City as a Single Franchise Collection Zone

RECOMMENDATION
It is recommended the City Council approve the release of the Request for Proposals (RFP) with the intent to select and award contract(s) to one franchise waste hauler for the Cities of Gonzales, Soledad, Greenfield, and King City, regardless of the final contracting structure (singular or joint agreements).

However, the cities reserve the right to award contracts to different haulers at their discretion. The cities may also choose to extend the current contract.

BACKGROUND
The Cities of Gonzales, Soledad, and Greenfield, have a joint Revised and Restated Franchise Agreement (Agreement) with Tri-Cities Disposal and Recycling, Inc., (TCD) for the subject services that is due to expire on June 30, 2025. The City of King has a franchise agreement with Waste Management for the same services that is also due to expire on the same date. This contract term alignment allows all south county Cities to jointly solicit competitive bids and evaluate service proposals and select the proposal that best serve the Cities’ needs. A competitive bid process for waste collection services for the City was last conducted in 1997 when the current contract with Monterey City Disposal Service (dba Tri-Cities Disposal and Recycling, Inc.), was approved. It is common, and recommended, for cities to solicit competitive bids for these services about every 16 to 20 years.

AGENDA
ITEM
6 Packet Pg. 37

REVIEW AND ANALYSIS
The alignment of both contracts’ term end, of both Tri-Cities Disposal and Recycling, the franchise hauler for Cities of Gonzales, Soledad, and Greenfield, and Waste Management, the franchise hauler for City of King, provides all four Cities a unique opportunity to partner and conduct a competitive bid process for a new contract for waste, recycling, and organic waste collection contract through a RFP process. A goal of the joint RFP is to attract competitive bids due to the increased economies of scale. The RFP intends to select a contractor to provide uniform collection services for all four cities with some customizable options for each of the cities, such as waste transfer options, billing structure, and other additional services.

This Request for Proposals (RFP) will be issued and administered by the Salinas Valley Solid Waste Authority (Authority) on behalf of by the Cities of Gonzales, Soledad, Greenfield, and King (Cities) to select a qualified contractor to provide collect garbage, recyclables, and organic waste within the boundaries of each City as a single franchise collection zone, and also provide, or contract for, processing and marketing services for recyclables.

The RFP document proposes to continue the current collection services provided under the current Franchise Agreement to include cart-based services for residential and small business, and bin or debris box-based services for business and multi-family facilities. However, the Cities are updating the scope of services to assure compliance with most recent State mandates such as AB 1826, AB 341 and SB 1383.

Residential cart services will continue to receive unlimited recycling and organic waste collection, along with a new curbside household battery collection and free bulky waste collection services. Commercial bin services will include providing recycling collection capacity at a minimum weekly volume and collection frequency equivalent to each customer’s weekly garbage capacity, with provision to increase recycling capacity above this minimum level for a small surcharge. Commercial cart services will include up to one (1) cubic yard of recyclables collection at no additional cart, with the same surcharge provision for any additional capacity. All commercial customers are also required to subscribe to an adequate level of organics collection per AB 1826 and SB 1383 unless specifically exempted from this service by the Cities. These services will be required of all residents and businesses within each Cities’ franchise zone.

The Cities intend to enter into a ten-year agreement for services with extension options, to be negotiated with selected vendor, but not to exceed 20 years in total term. The selected contractor will be required to provide services from July 1, 2025, through June 30, 2035.

The RFP timeline is as follows:

Formal issuance of RFP to proposers ...........................................................................March 8, 2023 Receive letters of intent (mandatory)/initial written questions....................................March 29, 2023 Pre-proposal conference (mandatory)........................................................................... April 12, 2023 Deadline for final Written Questions................................................................................ May 3, 2023 Cities/Authority issues written response to questions..................................................... May 12, 2023 Proposal submission deadline ........................................................................................June 21, 2023 Interviews & Shortlisting (if required).............................................................................. August 2023 Public presentations by selected proposers.................................................................September 2023 Cities receive recommended contractor selection/authorize negotiations . September - October 2023 Franchise Agreement(s) negotiations completed..............................................January – March 2024 Final Franchise Agreement(s) to cities for Approval .............................................March - June 2024 Estimated full implementation of services:

Incumbent(s) ........................................................................................................................1-2 months New Contractor(s) .......................................................... 8-12 months, and no later than July 1, 2025 Packet Pg. 38
Explain Recommendation and How it Supports the Vision
Gonzales will continue to be a safe, clean, family-friendly community, diverse in its heritage, and committed to working collaboratively to preserve and retain its small-town charm.

Explain: Release of this RFP demonstrates collaboration with the neighboring cities to secure waste collection services to that include new environmental regulations for cleaner and safer communities.

Explain how the Recommendation Directly Implements the Mission The City Council and Staff of the City of Gonzales will realize our Vision by providing the leadership, commitment, and resources necessary to provide excellent services that enhance the quality of life of our diverse community.

Explain: The solicitation of competitive proposals will allow the City to evaluate waste and recyclables collection services that are in the best interest of the community.

City services will be delivered in a cost-effective, respectful, and friendly manner to insure the safety and well-being of the residents and the promotion of business, recreational, housing and employment opportunities in an environmentally sustainable manner.

Explain: The solicitation of competitive proposals will allow the City to also evaluate the proposers’ costs and determine best options for community residents and businesses.

Strong fiscal policies allow us to provide appropriate infrastructure for:
• Public Safety X Yes No NIA
• Housing X Yes No NIA
• Recreation X Yes No NIA
• Environment X Yes No NIA
• Education X Yes No NIA
Explain: Waste and Recyclables Collection Services are part of the critical infrastructure needed for the community.

ALTERNATIVES
Alternative 1 - The City Council could ask for more details before approving the release of the RFP.

Direction could be to approve in concept and allow the City Manager to modify the exact wording prior to release.

Alternative 2 - The City Council could determine this matter is not in the best interest of Gonzales and decline to approve the release of the RFP. The Franchise would continue in effect as previously approved.

BUDGET IMPACT
The new Franchise Agreement includes a provision for reimbursement of costs for franchise procurement and negotiations. The awarded contractor will reimburse the cost of franchise procurement and negotiations for all the involved parties a collective amount not-to-exceed $125,000. Each party, including the City of Gonzales, will track its costs and submit for reimbursement upon completion of negotiations. This one-time reimbursement is due to the City no later than August 31, 2025.

Packet Pg. 39

CONCLUSION
It is recommended the City Council approve the release of the Request for Proposals (RFP) with the intent to select and award contract(s) to one franchise waste hauler for the Cities of Gonzales, Soledad, Greenfield, and King City, regardless of the final contracting structure (singular or joint agreements).

However, the cities reserve the right to award contracts to different haulers at their discretion. The cities may also choose to extend the current contract.

Attachments:

1. RFP
Packet Pg. 40
1 REQUEST FOR

PROPOSALS

ISSUED BY SALINAS VALLEY SOLID WASTE AUTHORITY
ON MARCH 17, 2023

ON BEHALF OF

CITIES OF GONZALES, GREENFIELD, SOLEDAD, AND KING CITY

SOLID WASTE,

RECYCLABLES, AND

ORGANIC WASTE

COLLECTION

SERVICES
Packet Pg. 41
Attachment: RFP (2652 : Consider Releasing Request for Proposals to Collect Solid Waste, Recyclables, & Organic Waste) 2 PAGE INTENTIONALLY LEFT BLANK
Packet Pg. 42
Attachment: RFP (2652 : Consider Releasing Request for Proposals to Collect Solid Waste, Recyclables, & Organic Waste) 3 Table of Contents

GENERAL INFORMATION

1.1. PURPOSE AND INTENT ............................................................................................................................. 5

1.2. SCOPE OF SERVICES.................................................................................................................................. 6

1.3. PROPOSAL CONSIDERATIONS................................................................................................................... 8

1.4. ORGANIZATION OF THE RFP..................................................................................................................... 9

1.5. PROPOSAL SCHEDULE.............................................................................................................................10

2.1 CITIES’ GOALS AND OBJECTIVES.............................................................................................................12

2.2 DEMOGRAPHICS.....................................................................................................................................14

2.3 CURRENT CART AND BIN COLLECTION SYSTEM.....................................................................................16

2.4 FRANCHISE COLLECTION ZONE(S) ..........................................................................................................22

2.5 ESTIMATED WASTE QUANTITIES AND COMPOSITION...........................................................................22

2.6 PROJECTED CHANGES DUE TO RECYCLING ADDITIONAL MATERIALS....................................................22

2.7 RELATED CITIES PROGRAMS...................................................................................................................22

2.8 DISPOSAL CAPACITY AND COST..............................................................................................................23

3.1 COLLECTION SERVICES ...........................................................................................................................24

3.2 CUSTOMER BILLING SERVICES................................................................................................................30

3.2 RECYCLABLES COLLECTION BY OTHER PROVIDER..................................................................................30

3.3 RECYCLABLES COLLECTION STANDARDS................................................................................................30

3.4 RECYCLABLES PROCESSING AND MARKETING .......................................................................................32

3.5 ORGANIC WASTE PROCESSING AND MARKETING .................................................................................33

3.6 PUBLIC OUTREACH AND EDUCATION.....................................................................................................33

4.1 TERM OF AGREEMENT ...........................................................................................................................35

4.2 FRANCHISE FEE.......................................................................................................................................35

4.3 SOLID WASTE SERVICES..........................................................................................................................35

4.4 CONTINGENCY PLAN ..............................................................................................................................36

4.5 DISPOSAL AND PROCESSING OF MATERIALS .........................................................................................36

4.6 ENVIRONMENTAL REQUIREMENTS........................................................................................................37

4.7 ANNUAL REVIEW OF PERFORMANCE AND QUALITY OF SERVICE..........................................................37

4.8 BILLING, AUDITS, RECORDS....................................................................................................................38

4.9 OFFICE AND CORPORATION YARD .........................................................................................................39

4.10 SERVICE PRAISES OR COMPLAINTS ........................................................................................................39

4.11 COMPENSATION FOR SERVICES .............................................................................................................40

4.12 INDEMNITY, INSURANCE, BOND ............................................................................................................41

4.13 CITIES RESPONSIBILITIES ........................................................................................................................42 Packet Pg. 43
Attachment: RFP (2652 : Consider Releasing Request for Proposals to Collect Solid Waste, Recyclables, & Organic Waste) 4 5.1 QUALIFICATIONS COMPONENT..............................................................................................................43

5.2 TECHNICAL COMPONENT.......................................................................................................................44

5.3 CONTRACTUAL COMPONENT.................................................................................................................49

5.4 FINANCIAL COMPONENT........................................................................................................................50

5.5 COST PROPOSAL.....................................................................................................................................50

5.6 EXAMINATION, SELF-RELIANCE..............................................................................................................54

6.1 PROPOSAL PROCESS...............................................................................................................................56

6.2 RESPONSE CONTENT ..............................................................................................................................58

6.3 ACCURACY IN REPORTING REQUESTED INFORMATION.........................................................................59

7.1 EVALUATION PROCEDURE......................................................................................................................60

7.2 EVALUATION CRITERIA...........................................................................................................................61 Appendix A – Cost Proposal Forms
Appendix B - Draft Franchise Agreement
Packet Pg. 44
Attachment: RFP (2652 : Consider Releasing Request for Proposals to Collect Solid Waste, Recyclables, & Organic Waste) 5 SECTION 1

GENERAL INFORMATION

1.1. PURPOSE AND INTENT
This Request for Proposals (RFP) is being issued by the Salinas Valley Solid Waste Authority (Authority) on behalf of by the Cities of Gonzales, Soledad, Greenfield, and King (Cities) to select a qualified contractor to: 1) collect solid waste, recyclables, and organic waste within the boundaries of each City as a single franchise collection zone, and 2) provide or contract for processing and marketing services for recyclables.

Currently, the Cities have two contracts for collection of municipal solid waste, recyclables, organic waste (including yard waste, food waste, food scraps, and small clean wood waste for processing, and/or marketing:
1) a collective agreement with Tri-Cities Disposal (incumbent) for the Cities of Gonzales, Soledad and Greenfield, 2) a single agreement with Waste Management (incumbent) for the City of King. Both Franchise Agreements are set to expire on June 30, 2025. Services procured pursuant to this RFP will commence on July 1, 2025.

The Cities intend to select and award contract(s) to one hauler for all jurisdictions, regardless of the final contracting structure (singular or joint agreements). However, Cities reserve the right to award contracts to different haulers at their discretion.

Services provided under this franchise agreement include minimum weekly collection of cart-based services for residential households and small commercial businesses, and bin or drop box-based services for commercial and industrial businesses. Multi-family dwellings (MFD) will have the option to subscribe to bin or cart services.

The Cities are updating the scope of services to assure compliance with the most recent State mandates such as AB 341, AB 1826, and SB 1383.

Residential customers will have a three-container cart program for the separate collection of solid waste, recycling, and organic waste. Residential cart service will include unlimited recycling and organic waste capacity at no additional cost.

Business and MFD customers are required to subscribe to an adequate level of solid waste, recycling, and organics collection per AB 341, AB 1826, and SB 1383 unless specifically exempted from this service by the Cities. Business and MFD customers can have either cart or bin service as determined adequate. Businesses and MFD customers will have a designated amount of recycling capacity at no cost with the option to increase capacity at a reduced cost.

Packet Pg. 45
Attachment: RFP (2652 : Consider Releasing Request for Proposals to Collect Solid Waste, Recyclables, & Organic Waste) 6 These services will be required of all residents and businesses within each Cities’ franchise zone.

1.2. SCOPE OF SERVICES
Beginning July 1, 2025, the Cities intend to continue with their current approach to solid waste, recycling, and organics (yard/food waste) services, as well as improve commercial recycling collection services. Cities’ services are divided into these groups, Cart Services, Bin Services and Drop Box/Roll-off Services. Though Cart Services are typically residential in nature, Cities also have many small businesses that utilize Cart Services as well as large business that require Drop Box sized services. Bin Services are typically utilized by businesses and multi-family facilities. For the purposes of this RFP, the sectors and services have been identified as follows:

Source Sectors
• Residential Households (Residential)
• Commercial and Industrial Businesses (Commercial)
• Multi-family Dwellings (MFD)
Service Containers
• Carts
• Bins/Compactors
• Drop-Boxes/Roll-off Boxes
Collection Materials
• Blue Container Materials – Source Separated Recyclables  Such as glass, aluminum and steel cans, plastic containers, small scrap metal, newspaper, cardboard, white office paper, magazines, junk mail, and cereal boxes • Green Container Materials – Commingled Organic Waste
 Such as food waste, food scraps, and yard waste including grass clippings, prunings, plant debris, and small pieces of clean lumber
• Gray Container Materials - Solid Waste
 All other waste not targeted for Blue Container or Green Container • Special Collection Waste
 Used motor oil and oil filters, and household batteries. Collection of these special waste items are intended for Residential customers and are not collected inside the carts but are collected separately alongside the carts on collection day.

Packet Pg. 46
Attachment: RFP (2652 : Consider Releasing Request for Proposals to Collect Solid Waste, Recyclables, & Organic Waste) 7 Recyclables Processing and Marketing
The contractor will be required to receive and process recyclables, prepare recyclable materials for markets and market the recovered materials.

Designated Disposal and Organics Processing Facilities
Salinas Valley Solid Waste Authority (Authority) facilities are the designated facilities for the contractor’s disposal of solid waste and for processing of organic waste. The selected contractor will deliver materials to these designated sites unless otherwise directed and negotiated by the City(s). • Johnson Canyon Landfill (JCLF), outside city of Gonzales • Jolon Road Transfer Station (JRTS), outside King City Disposal facility provisions include:
• Solid waste and organic waste shall be transferred to JCLF. • Contractor may choose to direct haul some or all Cities’ materials to JCLF or use the Authority’s transfer services at JRTS.
• A 24-month notice to terminate any JRTS Transport Services is required by the Authority. • All solid waste shall be landfilled at JCLF.
• All organic waste shall be processed, composted, and marketed at JCLF.

Other Services
The contractor will also be required to provide customer service and billing (optional for some Cities who may elect to continue to perform their own utility billing), community relations and collection education programs, AB 939, AB 341, AB 1826, SB 1383 reporting, compliance with regulatory and environmental standards, enforcement of Cities’ Mandatory Recycling Ordinance, as well as other activities.

Proposals are solicited from contractors with demonstrated experience and qualifications in providing collection, recyclables processing, and customer services such as those required in this solicitation. Moreover, the contractor will need to be flexible and proactive to improve such services, whenever feasible, throughout the term of the contract.

The contractor will have the flexibility to define the method of collection for each service. For example, this project prescribes weekly collection of residential waste but does not specify whether the collection method should be semi-automated or automated. The contractor will define the method of collection depending on the contractor’s assessment of how to provide the most cost-effective proposal. Performance standards have been defined for each service to ensure that contractor fulfills basic requirements and provides quality service regardless of the method proposed to provide the services.

Packet Pg. 47
Attachment: RFP (2652 : Consider Releasing Request for Proposals to Collect Solid Waste, Recyclables, & Organic Waste) 8 The Cities intend to enter into a ten-year agreement for services with extension options, to be negotiated with selected vendor, but not to exceed 20 years in total term. The selected contractor will be required to provide services from July 1, 2025, through June 30, 2035.

1.3. PROPOSAL CONSIDERATIONS
Cities’ Rights
The Cities’ rights include, but are not limited to, the following:
• Issue addenda to the RFP, including extending or otherwise revising the timeline for submittals. • Withdraw the RFP.
• Request clarification and/or additional information from the proposer at any point in the procurement process.
• Execute an agreement or agreements with one or more proposers, on the sole basis of the original proposals or any additions to proposal submissions.
• Reject any or all proposals, waive irregularities in any proposals, accept or reject all or any part of any proposals, waive any requirements of the RFP, as may be deemed to be in the best interest of the Cities.
• Accept and negotiate, with one or more proposer, any combination of services which services and combinations thereof shall be chosen by the Cities in its sole discretion. • Accept a proposal that does not offer the lowest cost but offers the proposal which the Cities determines is in the best interest of the citizens of the Cities, based on the contractor’s qualifications, technical proposal, financial strength as well as cost. • Discontinue its negotiations after commencing negotiations with a proposer, if progress is unsatisfactory in the judgment of the Cities, and commence discussions with another qualified proposer.
• Reissue or modify the RFP.

Consequence of Submission of Proposal
The submission of a proposal will constitute an incontrovertible representation and warranty by the proposer that the proposer has investigated all aspects of the RFP, that the proposer is aware of the applicable facts pertaining to the RFP process, its procedures and requirements; that the proposer has read and understands the RFP and has complied with every requirement; that without exception the proposal is premised upon performing and furnishing the services and equipment required by this RFP and the Draft Franchise Agreement in Appendix B of this RFP, and such means, methods, techniques, sequences or procedures as may be indicated in or required by this RFP and the Franchise Agreement; and that the RFP is sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the project.

Packet Pg. 48
Attachment: RFP (2652 : Consider Releasing Request for Proposals to Collect Solid Waste, Recyclables, & Organic Waste) 9 The submission of a proposal shall not be deemed as an agreement between the proposer and the Cities.

Specifically, the following provisions apply:
• The Cities shall not be obligated to respond to any proposal submitted nor be bound in any manner by the submission of a proposal.
• Acceptance of a proposal by the Cities obligates the proposer to enter into a contract with the Cities for the performance of the services chosen by the Cities in its sole discretion. • The contract shall not be binding or valid against the Cities unless and until it is executed by the Cities and the selected proposer, and the proposer’s performance bond or other surety has been accepted by the Cities.

Proposal Costs
The cost of preparing and submitting a proposal is the sole responsibility of the proposer and shall not be chargeable in any manner to the Cities. The Cities will not reimburse any proposer for any costs associated with the preparation and submission of proposals or expenses incurred in making an oral presentation, participating in an interview, contesting the RFP process in any way, or negotiating a contract with the Cities.

No-Lobbying Clause
Effective on the RFP release date listed below, proposers will not be allowed to have direct communication with elected officials, City executives or Authority staff regarding this RFP process or any activities associated with the ongoing RFP process. All communications (questions, statements, requests or comments) regarding this RFP must be submitted in writing to the Salinas Valley Solid Waste Authority at the address listed under Section 6 below. This no-lobbying clause shall remain in full effect until a contractor has been selected and a franchise agreement has been fully executed by all parties. Failure to follow this requirement may subject the proposer to immediate removal from this process at the discretion of the Cities.

1.4. ORGANIZATION OF THE RFP
General information regarding the RFP purpose, process, and schedule are provided in this section. The RFP provides only a general overview of the services required and is non-binding. Proposers are referred to the draft Franchise Agreement for specific service requirements under this RFP.

Section 2 contains background information including the Cities’ goals and objectives, demographics, current collection and recycling information, waste quantities and composition data, and other related information.

Section 3 defines the scope of services covered by this RFP. Section 4 addresses the contractual arrangement that the Cities plan to establish for the services. Section 5 identifies RFP proposal requirements. Section 6 provides instructions for submitting responses to the RFP. Section 7 describes the evaluation process and criteria. The Draft Franchise Agreement is included as Appendix B. Appendix A includes the Cost Proposal Packet Pg. 49
Attachment: RFP (2652 : Consider Releasing Request for Proposals to Collect Solid Waste, Recyclables, & Organic Waste) 10 Forms. Additional service data and background materials will be made available to all proposers at the Authority’s web site which can be found at this link http://svswa.org/government/rfp-a

1.5. PROPOSAL SCHEDULE
The Cities intend to adhere to the schedule provided in Table 1-1 during the selection process. This schedule may change at the Cities’ discretion.

Packet Pg. 50
Attachment: RFP (2652 : Consider Releasing Request for Proposals to Collect Solid Waste, Recyclables, & Organic Waste) 11 Table 1-1
Tentative Schedule
Activity Date
Formal issuance of RFP to proposers March 17, 2023
Receive letters of intent (mandatory) and initial
written questions
April 10, 2023
Pre-proposal conference (mandatory)
Deadline for final Written Questions
April 21, 2023
May 12, 2023
Cities/Authority issues written response to
questions
June 3, 2023
Proposal submission deadline June 30, 2023
Interviews & shortlisting of proposers (if required) August 2023 Public presentations by selected proposers
(Date TBD: Greenfield City Council Chambers)
Cities to receive recommended contractor
selection and authorize negotiations
September 2023
September - October 2023
Franchise Agreement(s) negotiations completed January - March 2024 Final Franchise Agreement(s) to Cities for public
comment, deliberation & consideration
March - June 2024
Est. Full implementation of services:

Incumbent(s)
New Contractor(s)
1-2 months
8-12 months, and no later than July 1, 2025
Packet Pg. 51
Attachment: RFP (2652 : Consider Releasing Request for Proposals to Collect Solid Waste, Recyclables, & Organic Waste) 12 SECTION 2

BACKGROUND
This section addresses project considerations such as the Cities’ goals and objectives, demographics, current collection and recycling services, waste quantities and composition, related Cities programs, and available disposal capacity. Please note that data provided are for informational purposes only. The Cities do not certify the accuracy of the information provided such as incumbent provided route maps or levels of service summaries. Proposers should not rely on this section for developing the cost component of a proposal.

2.1 CITIES’ GOALS AND OBJECTIVES
The Cities have developed a set of goals and objectives that focus on reducing the volume of waste generated by diverting the waste from the landfill through recycling and composting programs. To continue to comply with requirements of the California Integrated Waste Management Act of 1989 (AB 939) and associated regulations, in addition to more recent legislation and regulation such as AB 939, AB 341, AB 1826 and SB 1383 and the Cities’ own waste reduction strategy. The Cities have a stated objective to comply with these mandates and increase waste diversion from landfills in accordance with State goals. All proposers should consider these objectives and those outlined below in preparation of their proposals.

Based on the Cities’ stated goals, the following objectives for solid waste services have been identified.

Maximize Recycling/Minimize Solid Waste
The Cities’ objective is to reduce the basic volume of household and business generated solid waste. The Cities wish to maximize the amount of materials recycled by residents and businesses. The approach is to charge for solid waste collection service based on the number and size of solid waste containers provided to each household or business and to offer unlimited collection of recyclables at residential locations and expanded collection of recyclables at businesses for a reduced charge. Thus, households and businesses should be encouraged to sort out recyclables for separate collection as a means to reduce the volume of solid waste disposed so that they can use a smaller solid waste cart(s) or bin(s) at a lower cost.

Pay as You Throw Rate Structure
In order to meet the Cities’ objectives of reducing solid waste generation, all proposers are encouraged to propose rate structures using a “Pay-As-You-Throw” (PAYT) format. PAYT is defined as a rate structure that is based on the amount of solid waste disposal capacity that each customer selects for their service. As an example, a 64-gallon solid waste service should be substantially more than the cost of a 32-gallon solid waste service to incentivize waste reduction and recycling practices. Cart service rates should also be reasonably and proportionately tied to Bin service rates for equity across lines of service.

Packet Pg. 52
Attachment: RFP (2652 : Consider Releasing Request for Proposals to Collect Solid Waste, Recyclables, & Organic Waste) 13 Rate Control and Rate Setting Goals
The Cities desire to maintain reasonable and justifiable rate setting policies that assure residents and businesses do not see dramatic rate increase in any given year during the term of this Franchise. Proposals should identify rate setting caps and floors on cost-of-living adjustments acceptable to the proposer and responsive to this goal.

Organic Waste Objectives
Organic waste represents approximately 20 percent of the residential waste stream collected curbside in the Cities. The Cities have chosen to implement organic waste recovery and composting programs to encourage reduction of solid waste and to contribute to waste diversion requirements. Many commercial customers may not need organic waste service; however, the Cities require organic waste service be provided to those commercial customers who need it or are obligated to have the service under SB 1383 due to their organics generation rate. Organic waste goals are to continue promoting expansion and utilization of the organic waste diversion program for all appropriate residential, commercial, and MFD customers in compliance with SB 1383 and AB 1826.

Food Waste Objectives
The Draft Franchise Agreement includes collection of food waste either comingled with organic green or yard waste or source separated. The Cities intend to fully implement the collection of food waste during the term of this Franchise Agreement in compliance with SB 1383. For commercial businesses, separate collection of commercial food waste is preferred, and for residents, co-collection of food waste with residential organic green or yard waste is allowable and already in place. The Cities have processing capacity at the Authority’s regional food and organic waste compost facility, which includes advanced processing to remove contamination from source separated commercial food waste and packaged Agricultural produce.

Solid Waste, Recyclables and Organic Waste Volumes
A redistribution of the solid waste volume is expected to occur during the contract term as a result of increasing participation in recycling and organic waste collection programs and compliance with the Cities’ Mandatory Recycling Ordinances. The recyclables and organic waste volumes separately collected are expected to increase; therefore, solid waste volumes are expected to decrease.

Maximize Resident Participation
Weekly collection of solid waste and recyclables is a long-standing practice in the Cities that will be continued.

Experience indicates that weekly collections encourage public participation, even though individual households may not set out recyclables every week. Current recycling and organic waste collection volumes and participation levels do not indicate or support reduction of collection frequency to less than weekly.

Packet Pg. 53
Attachment: RFP (2652 : Consider Releasing Request for Proposals to Collect Solid Waste, Recyclables, & Organic Waste) 14 Highest and Best Use of Recyclables
The Cities will encourage all residents to furnish high quality recyclables and organic waste that qualify for the highest reuse and have the highest market value. To accomplish this, collected recyclables and organic waste shall be collected separately and processed into categories that allow for the highest and best market use.

2.2 DEMOGRAPHICS
The Cities are located in the Central Coast of California with the City of Salinas (Authority member) and Santa Cruz and Santa Clara Counties to the north, San Benito County to the east, Monterey Peninsula Cities to the west and San Luis Obispo County to the South. According to the U.S. Census Bureau (July 1, 2021, demographic and population estimates) the Cities’ collective population is approximately 65,873 with 12,902 households.

Average persons per household range from 3.85 to 4.66. Median household incomes range from $50,174 to $69,136 per household. The population is contained within collective Cities’ area of 13.08 square miles.

U.S. CENSUS BUREAU– QUICK FACTS TABLE

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Attachment: RFP (2652 : Consider Releasing Request for Proposals to Collect Solid Waste, Recyclables, & Organic Waste) 15 Packet Pg. 55
Attachment: RFP (2652 : Consider Releasing Request for Proposals to Collect Solid Waste, Recyclables, & Organic Waste) 16 2.3 CURRENT CART AND BIN COLLECTION SYSTEM
The current weekly residential solid waste, recyclables, and organic waste collection services in the Cities is mandatory with the Cities of Gonzales, Soledad and Greenfield providing consolidated utility billing for these collection services, as well as water and sewer services. The City of King’s hauler provides direct billing for solid waste, recyclables, and organic waste collection services. Curbside recyclables and organic waste collection are provided on the same day as solid waste collection. According to the current service providers, Tri-Cities Disposal (Gonzales, Soledad, Greenfield) and Waste Management (King), the number of residential and commercial accounts that receive solid waste, recyclables and organic waste services are as follows:

Residential Cart Collection Service Levels by City
Gonzales Residential Accounts
Container Size Solid
Waste Recycle Mixed Organics
Grand
Total
20-gal cart 0
32-gal cart 22 22
48-gal cart 1156 1156
64-gal cart 444 1710 2154
96-gal cart 88 1710 1798
Total 1710 1710 1710 5130
Soledad Residential Accounts
Container Size Solid
Waste Recycle Mixed Organics
20-gal cart
32-gal cart 13
48-gal cart 2242
64-gal cart 982 3545
96-gal cart 308 3545
Total 3545 3545 3545
Packet Pg. 56
Attachment: RFP (2652 : Consider Releasing Request for Proposals to Collect Solid Waste, Recyclables, & Organic Waste) 17 Greenfield Residential Accounts
Container Size Solid
Waste Recycle Mixed Organics
Grand
Total
20-gal cart0
32-gal cart 14 14
48-gal cart 2028 2028
64-gal cart 861 3193 4054
96-gal cart 290 3193 3483
Total 3193 3193 3193 9579
King City Residential Accounts
Container Size Solid
Waste Recycle Mixed Organics
Grand
Total
20-gal cart 17200 172
35-gal cart 850 19 22 891
64-gal cart 1143 2199 1101 4443
96-gal cart 425 362 1198 1985
Total 2590 2580 2321 7491
Packet Pg. 57
Attachment: RFP (2652 : Consider Releasing Request for Proposals to Collect Solid Waste, Recyclables, & Organic Waste) 18 Commercial Cart, Bin and Drop Box Collection Service Levels by City Gonzales Commercial Accounts
Container Size
Solid
Waste Recycle Mixed Organics
Food
Waste
Grand
Total
32 gal cart 0
48-gal cart 67 67
64-gal cart 14 38 36 88
96-gal cart 26 238 9 273
200-gal cart 3 3
300-gal cart 17 17
450-gal cart 15 15
1 CY Bin 21 4 25
2 CY Bin 29 14 43
3 CY Bin 16 11 27
4 CY Bin 13 15 28
6 CY Bin 5 8 13
8 CY Bin 0
10 yard Box 0
15 yard Box 0
20 yard Box 1 1 1 1 4
30 yard Box 4 3 3 10
40 yard Box 5 1 1 1 8
Compactor 15 yard 0
Compactor 20 yard 0
Compactor 25 yard 0
Compactor 30 yard 2 2
Compactor 40 yard 1 1
Total 239 333 50 2 624
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Attachment: RFP (2652 : Consider Releasing Request for Proposals to Collect Solid Waste, Recyclables, & Organic Waste) 19 Soledad Commercial Accounts
Container Size
Solid
Waste Recycle Mixed Organics
Food
Waste
Grand
Total
32 gal cart0
48-gal cart 187 187
64-gal cart 13 153 41 207
96-gal cart 13 363 28 404
200-gal cart77
300-gal cart55
450-gal cart 11 11
1 CY Bin 163 19
2 CY Bin 56 23 79
3 CY Bin 22 13 35
4 CY Bin 72 27 99
6 CY Bin3 12 15
8 CY Bin0
10 yard Box0
15 yard Box0
20 yard Box213
30 yard Box112
40 yard Box11
Compactor 15 yard0
Compactor 20 yard0
Compactor 25 yard0
Compactor 30 yard0
Compactor 40 yard0
Total 407 597 700 1074
Packet Pg. 59
Attachment: RFP (2652 : Consider Releasing Request for Proposals to Collect Solid Waste, Recyclables, & Organic Waste) 20 Greenfield Commercial Accounts
Container Size
Solid
Waste Recycle Mixed Organics
Food
Waste
Grand
Total
32 gal cart0
48-gal cart 109 109
64-gal cart 56 172 64 292
96-gal cart 18 412 19 449
200-gal cart44
300-gal cart66
450-gal cart55
1 CY Bin 224 26
2 CY Bin 54 18 72
3 CY Bin 45 10 55
4 CY Bin 28 29 57
6 CY Bin49 13
8 CY Bin0
10 yard Box0
15 yard Box0
20 yard Box335 11
30 yard Box1315
40 yard Box5117
Compactor 15 yard0
Compactor 20 yard66
Compactor 25 yard0
Compactor 30 yard0
Compactor 40 yard0
Total 351 676 900 1117
Packet Pg. 60
Attachment: RFP (2652 : Consider Releasing Request for Proposals to Collect Solid Waste, Recyclables, & Organic Waste) 21 King City Commercial Accounts
Container Size
Solid
Waste Recycle
Mixed
Organics
Food
Waste
Grand
Total
35-gal cart or 32 gal
can 12 1 0 13
64-gal cart 16 10 27 53
96-gal cart 51 45 22 118
1 CY Bin 25 27 0 52
2 CY Bin 37 27 0 64
3 CY Bin 34 10 0 44
4 CY Bin 55 20 0 75
6 CY Bin 20 6 0 26
8 CY Bin 4 7 0 11
10 yard Box 1 0 0 1
15 yard Box 2 0 0 2
20 yard Box 6 1 0 7
30 yard Box 15 0 1 16
40 yard Box 1 0 0 1
Compactor 15 yard 1 0 0 1
Compactor 25 yard 1 0 0 1
Compactor 40 yard 1 0 0 1
Total 282 154 50 0 486
In addition, there are only a few collection locations for source separated commercial food waste that are collected commingled with residential organics. The participation in organics collection by commercial entities is expected to grow over the next two to three years. Approximately 6,500 tons of source separated recyclables and 7,400 tons of mixed organic waste are collected annually under the Cities’ curbside recycling and organic waste collection program across all service types combined. Waste stream composition data and historic annual collection data will be available on the Authority web site at http://svswa.org/government/rfp-a.

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Attachment: RFP (2652 : Consider Releasing Request for Proposals to Collect Solid Waste, Recyclables, & Organic Waste) 22 2.4 FRANCHISE COLLECTION ZONE(S)
The Cities have established the entire incorporated Cities’ boundaries as their zone for collection services.

These zones encompass the entire incorporated Cities’ area. The combined collection zones have approximately 12,902 households.

2.5 ESTIMATED WASTE QUANTITIES AND COMPOSITION
Waste stream data provided herein have been compiled from the Authority’s 2019 Waste Composition Study.

Waste quantity and composition information and the relative proportions of the residential, commercial and industrial waste streams can be found in on the Authority’s web site at http://svswa.org/government/rfp-a.

2.6 PROJECTED CHANGES DUE TO RECYCLING ADDITIONAL

MATERIALS
As markets for recyclables vary, the Cities may implement new pilot programs or require the contractor to participate in the increased recycling of a particular commodity (e.g., collecting textiles).

2.7 RELATED CITIES PROGRAMS
Other programs provided or sponsored by the Cities and Authority that may have a complementary impact on the quantity of solid waste and recyclables available for collection include:
• Source reduction and recycling public education program • Promotion of backyard and small commercial on-site composting • Development and implementation of additional programs (i.e., drop-off centers) that would divert additional residential and commercial material from the curbside waste stream Packet Pg. 62
Attachment: RFP (2652 : Consider Releasing Request for Proposals to Collect Solid Waste, Recyclables, & Organic Waste) 23 2.8 DISPOSAL CAPACITY AND COST
The Cities will designate the disposal sites for this project. The designated disposal sites will be the Johnson Canyon Landfill and Jolon Road Transfer Station (additional transportation fees apply for transfer services) which are owned and operated by the Authority. Proposals are to be based on a proposed disposal rate of $64.75 per ton at the designated disposal sites, plus transportation fees at the Jolon Road Transfer Station of $19.75 per ton (optional upon request of proposer and subject to multi-year agreement if request). These rates may be updated in Spring 2023 if the Authority adjusts the rates for FY 2023-24 (effective July 1, 2023).

Packet Pg. 63
Attachment: RFP (2652 : Consider Releasing Request for Proposals to Collect Solid Waste, Recyclables, & Organic Waste) 24 SECTION 3

PERFORMANCE-BASED

SCOPE OF SERVICES
The RFP defines performance standards for each service component. The contractor will select the best strategy for meeting performance standards using whatever method of collection the contractor feels can provide the most cost-effective solution for the Cities. A description of the basic performance standards for the service is provided here; more detailed service standards are provided in the Draft Franchise Agreement.

The Draft Franchise Agreement should be carefully reviewed by all proposers as it provides detailed terms, conditions, scope of services, and contractual arrangements intended to be included in a new franchise agreement between the Cities and the contractor selected through this RFP process. It should be noted that the type of collection system, types and sizes of customer containers, and other program features associated with this RFP are specified in the Draft Franchise Agreement. Some program features are strongly preferred by the Cities, such as 1) use of semi- or fully- automated collection vehicles where operationally feasible, 2) use of wheeled carts for residential solid waste, recyclables, and organic waste collection, and 3) weekly collection of both residential recyclables and organic waste. There are other program features that are not necessarily preferred by the Cities but are nevertheless specified in the Draft Franchise Agreement. Proposers are allowed to identify alternative types of collection vehicles, sizes of residential carts and commercial bins, or other program features if they feel such alternative approaches will meet the Cities’ identified service needs more cost effectively.

3.1 COLLECTION SERVICES
The contractor will be responsible for collecting solid waste, recyclables, and organic waste and transporting the material to the designated disposal site(s). The contractor will be required to use the designated disposal site for the disposal of waste collected within the service area. The contractor will be responsible for paying the direct disposal costs for solid waste at the designated disposal facility, the cost of processing recyclables and organic waste at the designated processing facility, and any other applicable surcharges and fees.

Contractor will provide industry standard containers as described in the Draft Franchise Agreement (Appendix B of the RFP) based on size and service level requested by each customer.

The collection services will include the following services:

Packet Pg. 64
Attachment: RFP (2652 : Consider Releasing Request for Proposals to Collect Solid Waste, Recyclables, & Organic Waste) 25 Source Sectors
• Residential Households (Residential)
• Commercial and Industrial Businesses (Commercial)
• Multi-family Dwellings (MFD)
Service Containers
• Carts
• Bins
• Drop-Boxes/Roll-off Boxes
Collection Materials
• Gray Container Materials - Solid Waste
• Blue Container Materials – Source Separated Recyclables • Green Container Materials – Commingled Organic Waste
• Special Collection Waste
 Used motor oil and oil filters, and household batteries. Collection of these special waste items are intended for Residential customers and are not collected inside the carts but are collected separately alongside the carts on collection day.

Other Services
• Customer service
• Community relations/collection education programs
• Funding to Central Coast Recycling Media Coalition, Recyclist, and the “WhatGoesWhere” App • AB 939, AB 341, AB 1826, and SB 1383 reporting
• Compliance with environmental standards
Additional Services
Customer billing services (King City only unless requested by other Cities). Please provide a separate add-on price per customer for optional billing services should any of the Cities choose to continue providing billing services.

A brief description of the required solid waste, recyclables, and organic waste collection services follows; specific service standards are provided in the Draft Franchise Agreement.

Packet Pg. 65
Attachment: RFP (2652 : Consider Releasing Request for Proposals to Collect Solid Waste, Recyclables, & Organic Waste) 26 3.1.1 Residential Three Container System
Contractor will provide a three-container collection program for the separate collection of solid waste (gray container), recyclables (blue container) , and organic waste (green container) using containers that comply with Draft Franchise Agreement. Contractor will collect solid waste, recycables, and organic waste generated by residential customers and placed curbside for collection not less than once per week. Residential cart service will include unlimited recycling and organic waste capacity at not additional cost.

Gray Container – Solid Waste
Gray containers will be provided to customers for collection of solid waste. Contractor will transport the solid waste to the approved designated disposal facility. Contractor may allow certain organic material such as carpets and textiles to be placed in gray containers. Blue and green container materials and other prohibited container contaminents are not to be collected in gray containers.

Blue Container - Source Separated Recylable Materials
Blue containers will be provided to customers for collection of source separated recylable materials and will provide blue container services as provided in the Draft Franchise Agreement. Blue container materials will be transported to the designated processing facility. The materials accepted in the blue container include (1) non organic recylables such as aluminum, glass bottles and jars, rigid plastics, tin and bi-metal cans, and (2) organic waste such as paper products, and printing and writing papers. Other acceptable types of source separated recyclable materials may be added to or removed from the list from time to time by mutual consent or at the sole discretion of the Cities. Prohibited container contaminents will not be collected in the blue containers.

Green Container - Organic Waste
Green containers will be provided to customers for collection of organic waste. Contractor will transport the organic waste to the designated organic waste processing facility or the designated transfer facility for transfer and transport to designated organic waste processing facility. Organic wastes that are to be accepted for collection program include: (1) food Scraps, (2) food-soiled paper, (3) yard trimmings, and (4) small pieces or clean, unpainted wood and lumber. Other acceptable types of organic waste may be added or removed from the list from time to time by mutual consent or at the sole discretion of the Cities. Other organic waste such as carpets, non-compostable paper, textiles and prohibited container contaminents will not be collected in the green containers. The contractor will collect, process and market all franchise organic waste collections generated by residential customers and delivered for collection not less than weekly.

Used Motor Oil and Filter Collection
Contractor will, without charge or additional fees, collect used motor oil and filters in a sealed container set out curbside by residential customers on their normal collection day. Contractor will use the containers and filter bags provided by the Monterey County Health Department's Used Motor Oil and Filter Recycling Program (Program). Contractor will use reasonable business efforts to recycle used oil and filters collected with State-authorized recyclers.

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Attachment: RFP (2652 : Consider Releasing Request for Proposals to Collect Solid Waste, Recyclables, & Organic Waste) 27 Curbside Used Battery Collection
Contractor will, without charge or additional fees, collected used household batteries in a sealed plastic bag set out curbside by residential customers and placed on top of the blue container. Contractor will use reasonable business efforts to properly recycle the collected batteries.

Special Services
The contractor will provide, without charge or comparison, special manual carry-out services for those residential customers who provide proof of long term or permanent disability and all other persons over 12 years old residing in the unit are also disabled. Customers shall be required to store containers in an easy-toaccess location as close as feasible to the curbside and not behind a locked door or gate on the property in order to facilitate qualifying manual carry-out services.

3.1.2 Multi-family Dwelling and Commercial Collection Services Contractor will provide for the separate collection of solid waste (gray container), recyclables (blue container), and organic waste (green container) using containers that comply with Draft Franchise Agreement generated by MFD and commercial customers and placed on the premises for collection not less than once per week or as required by Applicable Law, for a cost in accordance with the approved Cities’ rates.

Contractor will assist its MFD and commercial customer in complying with diversion service levels and State mandates through provision of education information and technical assistance and will conduct assessments of and outreach to non-compliant customers. Contractor will document if the customer is complying through activities conducted.

Gray Container – Solid Waste
Contractor will collect solid waste, generated by MFD and commercial customers, as scheduled with such customers, but not less than once per week or as required by Applicable Law , for a cost I accordance with the approved Cities rates.

Blue Container – Source Separated Recyclables
Contracor will provide recyclables container capacity at a minimum equal to the customer’s selected solid waste collection container capacity, and once per week collection services, at no cost to the MFD and commercial customers. Additional recyclables container capacity (i.e., the amount exceeding the minimum container capacity above) and/or more than once per week collection services will be provided according to the rates in Appendix B of the Draft Franchise Agreement. Maximum rates for added recycling capacity will not exceed 30% of the equivalent customer rate for the equivalent container size/frequency for solid waste services. Commercial recycling container capacity(s) will be provided for at least one (1) cubic yard for solid waste bin service customers and 64-gallon cart capacity for those with commerical cart service.

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Attachment: RFP (2652 : Consider Releasing Request for Proposals to Collect Solid Waste, Recyclables, & Organic Waste) 28 Green Container – Organic Waste
Contractor will provide commercial organic waste collection services to MFD and commercial customers requesting such service to comply and in accordance with AB 1826 and SB 1383 for a cost as approved by the Cities. Contractor will collect solid waste, generated by MFD and commercial customers, as scheduled with such customers, but not less than once per week or as required by Applicable Law, for a cost in accordance with the approved Cities’ rates.

3.1.3 Other Services
Drop-Box/Roll-Off– On-Call Collection
If requested by a residential or commercial customer, the contractor will provide one-time, short term, on-call or weekly drop-box/roll-off service according to the approved fees. The contractor will bill the customer directly for this service and shall include both the direct disposal costs and applicable surcharges and fees on the entire bill.

Drop-Box/Roll-Off - Weekly Collection with Recycling Service The contractor will provide drop box/roll-off containers and collect solid waste and recycables generated by MFD and commercial customers as scheduled, but not less than once per week or as required by Applicable Law. Contractor will provide container capacity at a minimum equal to the customer’s selected solid waste collection container capacity, and once per week collection services, at no cost to MFD and commercial customers. Additional recyclables container capacity (i.e., the amount exceeding the minimum container capacity above) and/or more than once per week collection services will be provided according to the rates in the Draft Franchise Agreement. Maximum rates for added recycling capacity will not exceed 30% of the equivalent customer rate for the equivalent container size/frequency for solid waste services.

Contractor will provide commercial organic waste collection services to any drop-box/roll-off customers requesting such service to comply and in accordance with AB 1826 and SB 1383.

Annual City Clean Up Events
Contractor will offer, without charge or compensation, up to three (3) scheduled annual neighborhood cleanup days per City for collection of bulky items, reusable materials, and other materials for Residential and MFD customers each, on the days designated by each City Manager.

Litter and Debris Removal
Contractor will work with each City Manager to assist in coordinating volunteers, provide collection containers, establish a time, and coordinate community volunteer effort for the removal of litter and debris from designated public rights-of-way listed in Appendix C. This is to be done twice annually for a maximum of two (2) miles of roadway.

Packet Pg. 68
Attachment: RFP (2652 : Consider Releasing Request for Proposals to Collect Solid Waste, Recyclables, & Organic Waste) 29 Bulky Items Collection
Contractor will provide bulky item collection from residents and commercial customers by on-call appointments for up to three (3) bulky items curbside at each customer premises at no charge per year.

Collection of additional bulky items can be requested for a charge in accordance with the approved rates.

Customers must call and arrange for bulky item pickup.

3.1.4 City Services
Cities’ Facilities
Contractor will, without charge or compensation, collect solid waste, recyclables, and organic waste from all Cities’ facilities located within the boundaries of each city and identified in the Draft Franchise Agreement.

Illegal Dumping Abatement
Contractor will collect and remove from Cities’ streets, alleys, parks, and other public areas which are located within the boundaries of each City, bulky goods and solid waste identified by the City Manager with conditions specified in the Draft Franchise Agreement.

Special Community Events – Drop-Box Services
Contractor will provide solid waste, recyclable, and organic waste collection services at up to six (6) special community events for each City at no additional charge to the event or each City per year. The contractor will provide, without charge or additional fees up to two (2) 30-yard Containers for the disposal of Solid Waste, two (2) 30-yard Containers for the collection of Recyclables, and appropriately sized Containers for the collection of Organics and Food Waste (if applicable).

Street Sweeping
The Cities’ Councils may, at their discretion, instruct the Franchisee to provide Street Sweeping. If any of the Cities determine that Street Sweeping is necessary to address litter abatement associated with the collection of solid waste, the franchisee shall without charge or compensation, provide weekly street sweeping services for each city on the first working day following each residential collection route and once per week following the first full commercial collection route of each week. If additional street sweeping services are required by any of the Cities, each City may negotiate an independent contract to compensate the Franchisee.

3.1.5 Construction and Demolition (C&D) Collection Program If requested by a residential or commercial customer, the contractor will provide appropriate-sized and designed containers for collection of C&D according to the approved fees. Wherever feasible, the contractor will provide collection services for source separated collection of C&D materials including but not limited to asphalt, concrete, masonry, wood waste and scrap metal.

Packet Pg. 69
Attachment: RFP (2652 : Consider Releasing Request for Proposals to Collect Solid Waste, Recyclables, & Organic Waste) 30 3.1.6 Use of Plastic Bags
Contractor will allow customers to place and collect solid waste in large plastic bags for placement in the gray container. No plastic bags are allowed inside the blue containers or green containers. Franchisee shall allow compostable plastic bags in the green container for selected commercial businesses determined to be food waste generators as defined in the Draft Franchise Agreement. This provision is subject to change upon notice from the designated organic waste processing facility and contractor will notify customers upon any changes.

3.2 CUSTOMER BILLING SERVICES
The contractor will provide billing services to all service recipients or customers for each City that requests direct billing from the contractor. Contractor will prepare and mail bills to all customers. The contractor will receive and process payment from customers and is responsible to recover non-payments at its own expense.

All bills must be itemized with clear descriptions for all services provided. A more complete description of the contractor’s billing responsibilities and the Cities’ role in establishing customer rates is provided in Article 9 of the Draft Franchise Agreement.

The contractor will supply the Cities with a computer link to the contractor’s billing and records system designed and formatted to the Cities’ requirements and specifications to be used by the Citiesto accommodate ongoing data needs, ad hoc reporting requirements, and Cities’ utility billing (if needed).

3.2 RECYCLABLES COLLECTION BY OTHER PROVIDER
The Citiesrecognizes that some businesses currently rely on or may in the future rely on other service providers to collect certain material types for purposes of recycling, reuse, or salvaging, and receiving revenue from the provider for the materials. This practice will not be prohibited; businesses will be permitted to contract with other service providers for collection of source-separated materials that may be recyclable, reusable, or salvageable. However, generators which make such arrangements will still be eligible to receive service from the contractor. The contractor will collect only those materials designated by the businesses for pick up.

3.3 RECYCLABLES COLLECTION STANDARDS
The service standards for providing recycling collection, processing, and marketing services are outlined in the Draft Franchise Agreement.

Packet Pg. 70
Attachment: RFP (2652 : Consider Releasing Request for Proposals to Collect Solid Waste, Recyclables, & Organic Waste) 31 The materials that the contractor shall collect include the following:
• Newspaper (including inserts, coupons, and store advertisements) • Corrugated cardboard
• Office paper
• Mixed waste paper (including junk mail, catalogs, kraft bags and kraft paper, paperboard, egg cartons, phone books, brown paper, grocery bags, colored paper, construction paper, envelopes, legal pad backings, shoe boxes, cereal, and other similar food boxes) • Magazines
• Glass containers (including brown, clear, and green glass bottles and jars) • Aluminum (including beverage containers, foil, food containers, small scrap metal) • Steel (including “tin” cans, small scrap metal)
• Bimetal containers
• Plastics, including PETE #1, HDPE #2 (natural and colored), and PPE #5 • Household batteries
• Used motor oil
• Used automotive oil filters
• Any other materials mutually agreed by the contractor and Cities The contractor will be responsible for purchasing, distributing, and maintaining the collection carts or bins. The Cities require the use of a single, wheeled cart of approximately 64-gallon capacity for residential and some business recyclables collection, and bins of varying sizes up to 8 cubic yards in capacity for commercial and multi-family recyclables collection.

The contractor will collect these recyclables using a method compatible with the designated processing facility.

The contractor will accept responsibility for maintaining minimum contamination levels. The contractor will transport the recyclables to the designated recyclables processing facility.

By mutual written agreement, the contractor will collect and transport additional types of recyclables.

Cities Mandatory Recycling Ordinance
The Cities have adopted a mandatory recycling ordinance that prohibits the disposal in the gray container of any of the recyclable materials listed for collection through the franchised curbside collection program, as well as other self-hauled construction related materials. The contractor will be obligated under the Cities ordinance to refuse collection of the contaminated container and provide appropriate notification and corrective instruction to any customer whose solid waste cart or bin is found to contain appreciable amounts(over 5% by volume) of recyclable materials. The contractor’s participation and adherence to this ordinance will be required.

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Attachment: RFP (2652 : Consider Releasing Request for Proposals to Collect Solid Waste, Recyclables, & Organic Waste) 32 Drop-Off Recycling Centers
The Cities have access to Authority operated drop-off recycling centers located at the Jolon Road Transfer Station (near King City), Johnson Canyon Landfill (near Gonzales), the Madison Lane Transfer Station (in Salinas) and other privately run locations. The contractor shall offer to purchase, or process and market, recyclables collected at these drop-off centers, if requested by the drop-off center operators.

3.4 RECYCLABLES PROCESSING AND MARKETING
Proposers will include all recyclables processing and marketing services with collection services. If the proposed facilities are located outside of the Cities, proposers will be required to provide transfer facilities where the collection vehicles will deliver recyclable materials for consolidation and shipping.

The contractor will be required to receive and process recyclables, prepare recyclable materials for markets and market the recovered materials. The recyclables processing facility will receive recyclables collected through the residential and commercial recycling programs. The material types to be accommodated by the facility are outlined in Section 3.3. The processing activities may occur at an existing facility(s), or the contractor may propose to site, design, seek permits, construct, and operate a new facility. The processing facility is to have the capacity and capability to receive, process, and market all recyclable materials described in the attached Franchise Agreement and this RFP, including the ability to expand the types and volumes of these materials as need to meet the goals and objectives of the Cities.

The contractor will market and sell recyclables collected pursuant to the Draft Franchise Agreement. All recycling collection data will be reported to the Cities per Appendix H of the Draft Franchise Agreement.

The contractor shall be required to provide processing facility capacity and shall designate a site for such purpose in the proposal. In meeting the obligation to provide processing facility capacity, the contractor may purchase, lease, subcontract, or make other arrangements with a new or existing facility. Ownership or leasing will be the responsibility of the contractor. The contractor will ensure that any applicable purchase or lease agreements with property owners and permit approvals with the local land-use authorities are implemented.

The contractor will have the responsibility to assure the technical and environmental suitability of any site for its intended purpose and for the duration of the required services. Contractors must provide documentation that all facilities are appropriately secured and permitted for the intended uses.

If at any time during the term of the Franchise Agreement the contractor is unable to accept and/or process the Cities’ recyclables at the contractor’s designated facility(s), the contractor will pay to the Cities all costs incurred by the Cities to implement alternative processing of materials collected.

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Attachment: RFP (2652 : Consider Releasing Request for Proposals to Collect Solid Waste, Recyclables, & Organic Waste) 33 By mutual written agreement, the contractor will process and market additional types of recyclables as required by the Cities.

The contractor will be responsible for providing customer service, community relations/public education programs, AB 939 reporting, and compliance with regulatory and environmental standards. The service standards for providing recyclables processing and marketing services are outlined in the Draft Franchise Agreement.

3.5 ORGANIC WASTE PROCESSING AND MARKETING
Proposers shall include all costs for organic waste and wood waste processing and marketing services. The Cities utilize the services provided at the Authority’s Johnson Canyon Landfill though their organics processing sub-contractor, Atlas Organics. Such processing services proposed in response to this RFP will be at the Authority site and shall consist of grinding and screening activities, composting and marketing as described in the draft Franchise Agreement.

The Authority’s organics processing sub-contractor is responsible for maintaining the organic waste processing facility to serve: 1) the Cities’ organic waste volume generated through the curbside organic waste collection service, and 2) other organic waste and wood waste self-hauled to the Jolon Transfer Station and Johnson Canyon Landfill by Citiesresidents and businesses. Last year, the Cities’ reported tonnage for curbside collected organic waste was approximately 7,500 tons. The Cities have had a long-standing commitment through their membership in the Authority to support the organic processing services provided at the Johnson Canyon Landfill.

The Authority’s organics processing sub-contractor will also be required to provide finished products for wholesale and retail sale to the local community and the individual Cities to assist with procurement requirements under SB 1383. The contractor will also be responsible for providing customer service, community relations/public education programs, SB 1383 reporting, and compliance with environmental standards. The scope of work and service standards for providing organic waste processing and marketing services are described in Article 5 of the Draft Franchise Agreement.

3.6 PUBLIC OUTREACH AND EDUCATION
The contractor will be required to provide, without charge or compensation, a public outreach and education program to properly utilize the franchise services, enhance program participation, and shall focus on improving customers’ understanding of the benefits of and opportunities for source reduction, Reuse, and Landfill Disposal reduction. At a minimum, the public outreach and education plan will include research and planning, media relations and advertising, video, digital, and radio programming, publications, special events, displays and programs, community presentations, school activities, newsletters, and consumer surveys as further defined in Appendix D in the Draft Franchise Agreement.

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Attachment: RFP (2652 : Consider Releasing Request for Proposals to Collect Solid Waste, Recyclables, & Organic Waste) 34 Contractor will be encouraged contribute, collaborate, and participate with local entities that promote uniform waste reduction, reuse and recycling messages such as the Central Coast Recycling Media Coalition (CCRMC), and Monterey County’s WhatGoesWhere application.

Contractor will be required to track and document all education and outreach activities in a shared cloudbased database, currently Recyclist, or an equivalent on-line, cloud-based system to track commercial outreach and compliance. Contractor will be required to contribute to each Cities’ annual subscription costs for the online system which currently cost $5,000 annually.

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Attachment: RFP (2652 : Consider Releasing Request for Proposals to Collect Solid Waste, Recyclables, & Organic Waste) 35 SECTION 4

CONTRACTUAL ARRANGEMENTS
The Cities’ Draft Franchise Agreement for the collection services is attached as Appendix B. As part of its proposal application, each proposer must respond to the draft Franchise Agreement and either accept all of the provisions as drafted or respond with specific changes, additions or deletions. Any and all changes, additions or deletions to the Draft Franchise Agreement, whether to the benefit or detriment of the Cities, will be considered in the evaluation process. This section broadly outlines some of the key provisions of the Draft Franchise Agreement. The sections include contractor compensation for services, cost adjustment methodology, changes to service, emergency services, and other issues.

4.1 TERM OF AGREEMENT
For each service component, the term of the agreement is for ten years, to commence on July 1, 2025, and expire on June 30, 2035.

4.2 FRANCHISE FEE
The Agreement requires the contractor to pay a franchise fee equal to 20% percent of the annual gross receipts earned by the contractor under the Franchise Agreement, including gross revenues derived from the sales of curbside recyclables.

4.3 SOLID WASTE SERVICES
The work to be done by contractor pursuant to the Franchise Agreement will include the furnishing of all labor, supervision, equipment, materials, supplies, and all other items necessary to perform the services required.

The work to be done by contractor pursuant to the Franchise Agreement will be accomplished in a thorough and professional manner so that the residents and businesses within the Cities are provided reliable, courteous, and high-quality solid waste, recycling, and organic waste collection at all times. The enumeration of, and specification of requirements for, particular aspects of service quality will not relieve contractor of the duty of accomplishing all other aspects in the manner whether such other aspects are enumerated elsewhere in this document.

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Attachment: RFP (2652 : Consider Releasing Request for Proposals to Collect Solid Waste, Recyclables, & Organic Waste) 36 The contractor will be required to submit several plans to the Cities shortly after the franchise agreement has been finalized. The contractor is to provide a service schedule that includes residential and commercial/industrial route maps for all collection routes to the Cities designee for review and approval a minimum of two weeks prior to implementation of each new route. Start and end points for each daily route are to be clearly indicated, along with the number of accounts, vehicle type and capacity, and labor requirements. The contractor is required to submit an implementation schedule by the date of execution of the Franchise Agreement that provides a detailed plan for implementation of the collection services including purchase, licensing, and testing of equipment, staffing, personnel training, community outreach work, and all other activities to assure timely start-up of operations. Lastly, the contractor will be responsible for submitting a collection education and outreach work plan for approval by the Cities. The community education and outreach work plan will detail the types of collection education and outreach programs to be implemented, the materials to be distributed, and the schedule for activities. The contractor will be asked to coordinate its materials with the Cities’ and Authority’s existing public education programs.

4.4 CONTINGENCY PLAN
The contractor will be required to submit to the Cities a written contingency plan demonstrating the contractor’s arrangements to provide vehicles and personnel and to maintain uninterrupted service during mechanical breakdowns, and in case of natural disaster, strikes or other emergency.

4.5 DISPOSAL AND PROCESSING OF MATERIALS
The contractor is to transport and dispose of all solid waste and process all recyclables and organic waste at the designated facilities approved by the Cities. Unless and until the Cities otherwise approve in writing, the disposal sites will be the Johnson Canyon Landfill and the Jolon Road Transfer Station. The designated organic processing facility will be the Johnson Canyon Landfill. The contractor is to transport all source-separated recyclable material to a processing site identified in the contract by the contractor. Such sites are to be proposed in the RFP process and approved by the Cities as the Cities’ designated sites.

In the event that the Johnson Canyon Landfill or Jolon Road Transfer Station is not available, the contractor will be informed of the replacement disposal and/or organics processing site(s). In the event that any such site requires additional hauling cost, contractor may receive additional funds from the Citiesto cover any additional related expenses. Alternately, the Cities shall receive reimbursement from the contractor for any savings that may result from such a change in the landfill status.

For purposes of responding to this RFP, solid waste disposal fee components are to be based on the Authority’s most current solid waste tipping fee of $64.75 per ton and organics tipping fee of $57.00 per ton, effective July 1, 2022 (please note that these designated facility rates may be subject to change prior to submission of proposals). Recyclables processing fees will be provided by the proposer based on their own Packet Pg. 76
Attachment: RFP (2652 : Consider Releasing Request for Proposals to Collect Solid Waste, Recyclables, & Organic Waste) 37 service provider rates at the time of RFP response. Proposers will be required to provide disposal and processing fee rate components for each service and include the estimated weight used for each size of solid waste or recycling collection container. It is the Cities’ intent to treat Authority disposal and processing fees as a pass-through cost to the contractor.

The contractor is to maintain accurate records of the quantities of solid waste and recyclable materials transported to the disposal site and source-separated recyclable materials and organic waste transported to the processing sites and will cooperate with the Cities in any audits or investigations of such quantities.

The contractor will cooperate with the operator of the designated disposal and processing sites with regard to operations therein, including, for example, complying with directions from the operator to unload collection vehicles in designated areas, accommodating maintenance operations and construction of new facilities, cooperating with its hazardous waste exclusion programs, and so forth.

Refer to Article 6 of the draft Franchise Agreement for a more complete description of contractor’s requirements regarding use of the designated disposal site, maintaining disposal records, payment of disposal fees, and tracking of solid waste origin and weights.

4.6 ENVIRONMENTAL REQUIREMENTS
Any component of the system proposed in response to this RFP shall comply with all federal, state, and local laws, statutes, ordinances, rules, and regulations. In compliance with the California Environmental Quality Act (CEQA), the Cities cannot commit to the approval or implementation of a project prior to the completion of the required CEQA documentation.

The contractor will be solely responsible for determining which federal, state, and local laws, statutes, ordinances, permits, rules, and regulations apply to the proposed project and shall bear the cost of obtaining and complying with all permits and requirements.

4.7 ANNUAL REVIEW OF PERFORMANCE AND QUALITY OF

SERVICE
At the Cities’ sole option, with 30 days written notification to the contractor, it may conduct a public hearing at which the contractor will be present and will participate, to review the contractor’s performance and quality of service and provide for evaluation of technological and regulatory changes. The reports required by the Franchise Agreement regarding customer complaints may be utilized as a basis for review. Performance and Packet Pg. 77
Attachment: RFP (2652 : Consider Releasing Request for Proposals to Collect Solid Waste, Recyclables, & Organic Waste) 38 service quality review hearings may be scheduled by the Cities at its discretion throughout the term of the Franchise Agreement.

Within 30 days after the conclusion of the public hearing, the Cities will issue a report on the adequacy of performance and quality of service. If any noncompliance with the contract(s) is found, the Cities will direct the contractor to correct the inadequacies in accordance with the terms of the Franchise Agreement.

4.8 BILLING, AUDITS, RECORDS
Billing
The contractor will coordinate and issue bills for all services including solid waste collection and disposal and recyclables and organic waste collection and processing services, unless one or more of the Cities elects to provide billing services. Refer to Section 6.06 of the Draft Franchise Agreement for a complete description of contractor’s requirements regarding billing, receipt of payments, annual reconciliation of revenues, and the Cities’ role in establishing customer rates.

Monthly Statements
At the end of each calendar month of service, the contractor will submit a statement that all services were performed as required under the Franchise Agreement. Said monthly statement will be accompanied by any monthly report or other reports due to the Cities. Except where noted, or otherwise not applicable, all reports will be submitted electronically in a format compatible with the Cities’ needs and in accordance with Appendix H of the Draft Franchise Agreement. The Cities will review the reports and provide feedback as to the content and adequacy of the reports where appropriate and applicable.

Annual Audit
At the discretion of the Cities, annual financial statements and reports submitted by the contractor will be audited and certified by an independent certified public accounting firm selected by the Cities. This audit may include a customer billing audit in order to verify that each customer is receiving the level of service for which they are being billed.

Computer System
The contractor shall maintain a computer database which specifies account information on each customer and other information as specified in Appendix H of the Draft Franchise Agreement, and this database shall be made available to all designated City or administrators staff involved with Franchise oversight. Refer to Section

8.01 of the Draft Franchise Agreement for details of the computer system required.

Right to Prescribe Records
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Attachment: RFP (2652 : Consider Releasing Request for Proposals to Collect Solid Waste, Recyclables, & Organic Waste) 39 The contractor will maintain such accounting and statistical records as will be necessary to develop the financial statements and reports prescribed by the Cities. Such records must be maintained for a period of not less than three years following the expiration or termination of the franchise.

Right to Inspect Records
The Cities will have the right to inspect or review the income tax returns, payroll tax reports, specific documents or records required pursuant to the Franchise Agreement, or any other similar records or reports of the contractor that it will deem, at its sole discretion, necessary to evaluate annual reports and the contractor’s performance provided for in the Franchise Agreement.

A more complete description of the contractor’s requirements regarding maintenance and audit of records, financial reports to Cities, and maintenance of the computer system is provided in Article 8 of the Draft Franchise Agreement.

Inspection by Cities
The designated representatives of the Cities will have the right to observe and review the contractor’s operations and enter premises for the purposes of such observations at any time without prior notification.

Reports
The contractor will be required to provide monthly, quarterly, and annual reports as described in Appendix H of the Draft Franchise Agreement. The reports will include information needed to comply with AB 939, AB 1826, AB 341, and SB 1383 reporting requirements as well as other information needs required under local, State or Federal regulations or by the Cities.

4.9 OFFICE AND CORPORATION YARD
The contractor will provide a business office and set up local walk-in payment centers (directly or through third parties), and the Cities prefer but do not require that the contractor maintain a corporation yard in the Cities for purposes of carrying out its obligations under the Franchise Agreement. The contractor’s proposal will identify the proposed location(s) for the business office and corporation yard, or proof of security on an appropriate office and corporation yard such as a signed option agreement, lease or purchase contract.

4.10 SERVICE PRAISES OR COMPLAINTS
The contractor agrees to maintain a written log of all oral and written service praises or complaints registered with the contractor from customers within the Cities. Contractor will record in a separate log all written and oral praises or complaints, noting the name and address of individual, date and time of the comment, nature Packet Pg. 79
Attachment: RFP (2652 : Consider Releasing Request for Proposals to Collect Solid Waste, Recyclables, & Organic Waste) 40 of comment, and nature and date of resolution of all complaints. The contractor will be responsible for the prompt and courteous attention to, and prompt and reasonable resolution of, all customer complaints. Such log will be kept so that it may conveniently be inspected by representatives of the Cities upon request. The contractor will provide a monthly report to each City and the Authority summarizing any complaints received and actions taken during the month broken down by jurisdiction.

The contractor will respond to all complaints from customers within 24 hours, weekends and holidays excluded. In particular, if a complaint involves a failure to collect solid waste from premises, required by the Franchise Agreement, the contractor will collect the solid waste in question within such 24-hour period, provided it has been delivered for collection in accordance with the Cities’ requirements. For a more complete description of contractor’s responsibilities for handling and reporting service complaints and deficiencies, refer to Section 6.09 of the Draft Franchise Agreement.

4.11 COMPENSATION FOR SERVICES

4.11.1 Customer Rate Schedule
The contractor will perform all responsibilities and services specified in the Franchise Agreement in return for the various rates identified on the Customer Rate Schedule. The Customer Rate Schedule will identify the per customer charge for each level of service provided by the contractor. This cost will be adjusted annually to reflect changes in costs subject to inflation as noted in Article 9. Pay-As-You-Throw rate structuring based on subscribed level of solid waste service is recommended.

4.11.2 Annual Cost Adjustments
The Draft Franchise Agreement provides that the various rates identified in the Customer Rate Schedule will escalate in accordance with a pre-established formula. The formula will be based on a Consumer Price Index (CPI) applied to the appropriate portion of the contractor’s fees. Details of this cost adjustment approach are provided in Article 9 and Appendix J of the Draft Franchise Agreement and should include a floor and ceiling cost-of-living adjustment formula to control annual rates increase for customers.

4.11.3 Payment for Special Services
In addition to the proposed cost specified in the cost forms, the contractor may charge and receive fees for performing special services at rates agreed to by the contractor and each customer requesting such special services, and as approved in writing by each City or his/her designee, in accordance with the Draft Franchise Agreement.

4.11.4 Damages
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Attachment: RFP (2652 : Consider Releasing Request for Proposals to Collect Solid Waste, Recyclables, & Organic Waste) 41 The contractor is required to submit payment to Cities within 30 days for damages payable by the contractor during the previous month. Refer to Section 6.2(D) of the Draft Franchise Agreement for a listing of the performance deficiencies and associated damages.

4.12 INDEMNITY, INSURANCE, BOND
Indemnification of Cities
Separate and distinct from any insurance provisions found in the Draft Franchise Agreement, the contractor agrees to defend, indemnify, and hold harmless, the Cities and their agents, officers, servants, and employees from and against any and all claims, demands, damages, liabilities, costs or expenses for any damages or injuries to any person or property, including but not limited to, injury to contractor’s employees, agents or officers that arises from or is connected with or are caused or claimed to be caused by acts or omissions of contractor, and its agents, officers or employees, in performing the work or services herein, and all costs and expenses of investigating and defending against same; provided, however, that the contractor’s duty to indemnify and hold harmless will not include any claims or liability solely arising from the established active negligence or willful misconduct of the Cities, their agents, officers or employees.

Insurance
All insurance requirements are stipulated in Appendix F of the Draft Franchise Agreement and should be thoroughly reviewed prior to submitting a proposal.

Performance Bond/Corporate Guarantee
Simultaneously with the execution of the Franchise Agreement, the contractor shall file with the Cities a bond, payable to the Cities, securing the contractor’s faithful performance of its obligations under the Franchise Agreement. The principal sum of the bond shall be in the amount of $2,000,000.00. The bond shall be executed as surety by a corporation admitted to issue surety bonds in the State of California, with a financial condition and record of service satisfactory to the Cities. In the alternative, the contractor may deposit a letter of credit or open a certificate of deposit in the name of the Cities to be held to secure this faithful performance. The bond shall expressly run for the full term of the Contract.

The contractor shall also file a corporate guarantee in the form and condition as set forth in Section 10.03 and Appendix G of the Draft Franchise Agreement.

Proposal Bond
The contractor is to include a proposal bond with its submittal of a proposal in response to this RFP. The proposal bond shall be furnished as surety that the selected proposer will negotiate in good faith with the Cities for a Franchise Agreement based on the services and fees represented in the proposal. The proposal bond must be made payable to the Cities and must be for an amount of $150,000.00. The proposal bonds are planned to Packet Pg. 81
Attachment: RFP (2652 : Consider Releasing Request for Proposals to Collect Solid Waste, Recyclables, & Organic Waste) 42 be returned to all proposers no later than thirty (30) days after the execution of a contract with the successful proposer.

4.13 CITIES RESPONSIBILITIES
Cities Representative
The Cities will designate a representative to manage this program and to serve as contactor for the contract.

Disposal and Processing Facilities
The Cities will arrange for use of Johnson Canyon Landfill and Jolon Road Transfer Station as the designated disposal facilities and designate an alternative disposal facility in the event one or both facilities will not be used at any time during the contract term. The Cities will arrange for use of Johnson Canyon Landfill as the designated organics processing facility.

Community Relations Program
The contractor will work with the Cities’ solid waste public education contractor to provide a community-based program to meet the following objectives: (1) inform residents and businesses of services offered; (2) assist in achieving maximum participation levels; (3) respond to special collection problems or needs; (4) increase public awareness of the need for diversion alternatives to landfill disposal; and (5) implement the Franchisee requirements under the Cities’ Mandatory Recycling Ordinance. The community relations program will include:
• Development of community relations program goals, objectives, tactics, and evaluation criteria • Program initiation announcements
• Guidelines for participation in recycling and organic waste programs • Promotional literature and news releases
• Vehicle signs and other material
• Customer information about waste reduction
Cities’ Efforts to Deter Scavenging
The Cities’ Codes currently contain chapters dealing with solid waste handling, unauthorized collection of recyclable materials, and unauthorized removal of materials from solid waste facilities. The contractor will report violation of these ordinances to the effected City’s Police and/or other City representative(s) as determined by the City Manager.

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Attachment: RFP (2652 : Consider Releasing Request for Proposals to Collect Solid Waste, Recyclables, & Organic Waste) 43 SECTION 5

PROPOSAL REQUIREMENTS
Proposers must provide all information requested in this section and additional response information requested in Section 6 as part of their proposal, including qualifications and disclosure information. Failure to provide all required information may be grounds for rejection of your proposal as non-responsive. The proposal requirements information has been separated into components: qualifications, technical, contractual, financial, and cost components.

5.1 QUALIFICATIONS COMPONENT
The company qualifications that the proposer must demonstrate are how local management and corporate structure are linked successfully, and how the company or joint venture fosters innovation and high performance and demonstrates corporate ethics. If proposers are submitting as a partnership and have worked before in partnership, they must demonstrate a successful working arrangement based on prior experience with similar project(s).

Applicants shall describe their company and staff qualifications as they relate to successfully implementing programs comparable to the services proposed for the Cities. Describe these qualifications by providing the following information.

1. Basic Information. State name and address of your company. State name, address, phone number, fax number, e-mail addresses and title of person to be contacted about the proposal. State names of any other company(ies) that will share significant, substantive responsibilities with you, as joint venture partners or in any other manner in performing under the proposed contract.

2. Staff Responsibilities. Supply names and resumes of principal officers, partners, or other officials, of each company to perform significant, substantive responsibilities required under the RFP. Provide names and resumes of individual(s) who will implement the contract. (Include names, addresses and telephone numbers, and e-mail addresses of key individuals.)

3. Designated Services Coordinator. Identify and provide resume for the designated services coordinator who will be the primary contact and representative of the company throughout the term of the contract.

4. Company Qualifications. The minimum company qualifications must include contract experience providing residential and commercial solid waste collection and curbside recycling collection for at Packet Pg. 83
Attachment: RFP (2652 : Consider Releasing Request for Proposals to Collect Solid Waste, Recyclables, & Organic Waste) 44 least 25,000 accounts during a minimum period of three (3) years. Organic waste collection and commercial recycling experience is also required.

Fully describe experiences relevant to services described in this RFP, including description of relevant contracts and degree of involvement (for each service component); name of client; and, name and telephone number of contact person for each contract. Describe relevant technical experience of key personnel, their background in solid waste, recyclables, and organic waste collection and processing services.

5. Litigation History. (a) Has any company, partner or subsidiary in this venture, or any corporate officer been involved within the past five years in litigation: arising out of performance of a solid waste or recyclables collection contract or violation of environmental laws, regulations or permits; arising out of or connected with violation of state or federal antitrust laws; or arising from or connected with allegation of corrupt practices?; (b) Has any company, partner or subsidiary in this venture, or any corporate officer, been notified of or been the subject of any enforcement action, order, decree, or notice of violation of any environmental laws, regulations or permits? If an answer is “yes” to either of these questions, please explain fully. Provide details of any past or pending litigation against the proposer or its parent company or joint venture company(s) by a governmental entity contracting with the proposer or its parent for services relating to waste management, or against such a governmental entity by the proposer or its parent company or joint venture company(s). Failure to identify litigation history may result in disqualification of proposal.

6. Minority, Women, Disadvantaged Business Partnerships. List your experience working with minority, women, and disadvantaged business enterprises in carrying out other collection contracts and describe your plan to incorporate these business enterprises in providing the services called for in this RFP.

7. Understanding of Local Conditions. Describe areas of expertise or knowledge your company has regarding local issues relevant to integrated waste management practices in Monterey County and its Cities. Discuss your familiarity with state and local regulatory requirements regarding solid waste facility siting and permitting; local community concerns regarding environmental effects of integrated waste management projects; and other issues that would indicate your knowledge and sensitivity to the local area and local concerns.

5.2 TECHNICAL COMPONENT
The selected proposer must have demonstrated satisfactory experience implementing and operating the type of services for which it is proposing. Such technical requirements shall include the knowledge, skills, and ability to:
• Develop and carry out collection and disposal schedules in a reliable and consistent manner for an area comparable in size to the combined four cities’ area.

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Attachment: RFP (2652 : Consider Releasing Request for Proposals to Collect Solid Waste, Recyclables, & Organic Waste) 45 • Minimize contamination of recyclables and organic waste. • Develop curbside collection and organic waste collection programs. • Expanding collection services in rural areas under a non-mandatory collection setting. • Develop or contract with processing facilities and provide processing and marketing services.

The proposer must also demonstrate that it possesses the knowledge to provide accurate, useful data for comprehensive monitoring of solid waste, organic waste, and recycling systems on a consistent, timely basis, and in the format required by the Cities.

Technical information should focus on the method of performing the services. The Cities’ objective is to select proven methods. Proposals applying commercially demonstrated and environmentally sound collection techniques are therefore encouraged. Projects relying on emerging or new technologies that have no proven track record may be deemed unqualified by the Cities.

Applicants should describe in detail the proposed method for providing the solid waste, recycling, and organic waste collection service.

5.2.1 Technical Component for Solid Waste, Recyclables and Organic Waste Collection Services
In responding to the following requests for technical information for solid waste, recyclables, and organic waste collection services, provide separate descriptions for residential cart and commercial bin collection, where appropriate.

1. Collection Methods and Procedures. This section should provide a detailed description of collection methods (e.g., manual, semi-automated, automated) including any instructions that must be conveyed to participants. Describe the residential cart collection system and the commercial bin collection system separately.

2. Collection Schedule/Accounts. Provide the following information:
• Collection days
• Hours per day
• Number of routes per day
• Number of accounts per route per day
• Crew size per vehicle
Provide separate information for cart collection and bin collection.

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Attachment: RFP (2652 : Consider Releasing Request for Proposals to Collect Solid Waste, Recyclables, & Organic Waste) 46 3. Collection Containers. Because the proposed method of collection will require the distribution of new containers, identify the type of container. Supply an image and specifications of the container or a copy of brochures from manufacturers. Describe your plan for any initial distribution of containers, the maintenance of inventory and parts, and replacement of lost or stolen containers. Provide separate information for cart collection and bin collection. If proposed collection containers are to be rotationally molded, please provide documentation that manufacturer’s warranties are comparable to injection molded containers of similar size and design.

4. Collection Equipment. Identify the number and type of first line equipment by type, capacity, and model/year, including collection, transport, and support or supervisory vehicles. Identify the number and type of backup vehicles. Provide separate information for cart collection and bin collection equipment.

5. Contamination Control. Describe plan to control contamination of recyclables and organic waste in order to maximize the recoverability and marketability of materials collected. Describe how contamination of materials by customers will be controlled.

6. Overages Handling. Describe plan for handling, tracking, and billing for solid waste collection overages not included in the Annual Clean-up Program.

7. Bulky Goods Collection. Describe plan for the collection of bulky goods, including the method of collection and a description of the approach used in servicing accounts on an on-call basis.

8. Anticipated Changes to Service. Describe any plans to modify the proposed collection system over the term of the contract, if such a modification is anticipated. Provide implementation schedule including fleet replacement schedule for the proposed change in service. For example, if the initial proposal is to provide manual collection of residential solid waste, describe plans to shift to a semiautomated collection system during the term of the contract.

9. Support Facilities. Identify the size and locations (list Assessor’s Parcel Number) for storage, maintenance, and dispatch of the collection vehicles and collection containers (i.e., corporate yard).

Provide a description of the facility and include site layouts showing the locations of the buildings, storage, parking, and other major components. Identify total acreage involved.

10. Public Education. Describe method of developing and distributing public education materials. Provide samples of public education materials developed for other similar collection programs.

11. Record Keeping. Describe method for tracking quantities of solid waste, recyclables and organic waste collected and transported to the disposal or processing sites.

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Attachment: RFP (2652 : Consider Releasing Request for Proposals to Collect Solid Waste, Recyclables, & Organic Waste) 47 12. Customer Service. Describe methods for dealing with collection problems such as missed pickups, missed setouts, excessive contamination, customer complaints, and similar issues. Contractor must have a local toll-free number and business office within the collection zone to be served. Identify (by Assessor’s Parcel Number) the location of the business office.

13. Billing Services. Describe plan for billing service recipients and explain how non-payment customers will be handled.

14. Subcontractors. List all items of work or services to be performed by subcontractors or outside vendors, if any.

15. Project Schedule. Since the schedule for start-up requires the selected contractors to be operational by July 1, 2025, the provision of necessary equipment is critical, evidenced by prior record of timely equipment procurement. Contractor verification will be required, as necessary, to confirm that equipment the proposer requires can be delivered within the timeframe needed to accomplish startup based on the proposer’s implementation schedule.

Provide a detailed implementation schedule for each service component showing all key milestone dates. The schedule should be provided in sufficient detail to allow the Cities to determine the reasonableness of the schedule and ability to meet the required operations date.

The proposer will demonstrate an ability to locate, prepare, and initiate the necessary support services and facilities, including obtaining necessary permits. Information about the prior record of timely preparation, clearance and initiation should be included.

5.2.2 Technical Component for Recyclables Processing and Marketing Services

1. Processing Facility. Identify the location (list Assessor’s Parcel Number) and size of the processing facility. Provide a description of the facility and include site layouts showing locations of buildings, storage, processing areas, parking, and other major components. Identify acreage requirements.

2. Processing Methods and Procedures. Provide a general process description and process flow diagram of the processing system addressing recyclables receiving, storage, and processing; recovered materials and product storage, handling, and shipment; and residue handling and disposal methods.

Include the following:

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Attachment: RFP (2652 : Consider Releasing Request for Proposals to Collect Solid Waste, Recyclables, & Organic Waste) 48 • Confirmation that material types to be received and marketed are consistent with those listed in Section 3.3 of the RFP and list any other materials the proposer is proposing to recycle, not listed in Section 3.3
• Method of preparing materials for market
• Flexibility to accommodate additional material types and quantities • Available on-site storage for incoming recyclables, recovered materials, and process residue

3. Processing Equipment and Rolling Stock. List the processing equipment and rolling stock necessary for preparing the recovered materials.

4. Processing Capacity. Identify processing capacity available for processing materials collected from the Cities recycling programs. Identify the processing capacity in tons per day and the number of hours per day. If other communities will be sharing the facility, identify the plan to guarantee the Cities adequate processing capacity.

5. Materials Recovery. Provide the recovery information as a percentage of the total waste received for processing. Indicate how process residues will not exceed five (5%) percent of the materials received for processing.

6. Contingency Plans. Describe plans to provide continued service in the event of equipment failures, or other disruption.

7. Status of Facility. Indicate whether the facility is an existing permitted, operational facility or whether the facility is in the development phase. If the facility needs to be developed, report on the status of the site acquisition, permitting process, design, construction, and financing. Provide an implementation schedule for development.

8. Processing Facility Not Owned by Proposer. If proposer intends to contract with a facility owned by another company, provide a copy of the agreement with the processing company that specifies the scope of processing services, term of the agreement, termination provisions, etc. All information required under 5.2.2 must be provided even if the proposer is relying on another party for processing service.

9. Marketing Plan. The requirements of the marketing plan are described below. a. Statement of Recovered Products Marketing Policy. The plan shall include a statement of overall policy addressing marketing goals, objectives, and means for recovered materials.

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Attachment: RFP (2652 : Consider Releasing Request for Proposals to Collect Solid Waste, Recyclables, & Organic Waste) 49 b. Organization of Marketing Function. The plan shall include a detailed description of the organization of the marketing function. Specific individuals and responsibilities shall be identified. c. Identification of Specific Markets. Identify market availability for recovered materials. Provide letters of commitment to purchase materials recovered from the Cities’ waste streams. d. Quality Control. The plan shall include the procedures whereby material quality control is maintained in order to produce a highly marketable material. Quality control shall be discussed in the plan and shall focus on the following areas:
• Material specifications
• Inventory and shipment controls
e. Contingency for Severe Market Depressions. Describe the procedures to be taken in the event of a severe market depression. Within the plan, a procedure for notifying the Cities of such an event should be outlined.
f. Equipment. Identify equipment required to store, ship, or otherwise deliver the materials to markets.
g. Shipping Frequency and Distance. Expected shipping frequency and distance to market for each material collected.

10. Public Education. Describe the facility’s ability to accommodate visitors and provide tours.

11. Record Keeping. Identify the methodology used to track the quantities of materials recovered and marketed. If other communities will be sharing the facility, describe how the Cities’ quantities will be tracked separately from the other recyclables.

12. Subcontractors. List all items of work or services to be performed by subcontractors.

5.3 CONTRACTUAL COMPONENT
Contract Terms
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Attachment: RFP (2652 : Consider Releasing Request for Proposals to Collect Solid Waste, Recyclables, & Organic Waste) 50 The proposer shall provide a written statement identifying any exceptions or changes to the contractual terms contained in the attached Draft Franchise Agreement or in other portions of this RFP that the contractor cannot or does not propose to meet. In addition, the proposer shall indicate other provisions that the contractor may require. Contractor must provide a detailed explanation for any exception, change or new provision.

5.4 FINANCIAL COMPONENT
The proposer must fulfill the following financial requirements:
• Demonstrated average annual revenues from a solid waste collection and recycling operations contract for the last three years of at least six (6) million dollars. • Demonstrated sufficient net worth to capitalize the equipment required for the contract. Describe how working capital will be attained and how equipment will be financed Provide the following information in sufficient detail to allow the Cities to determine the company’s financial capabilities.

1. Financial History and Capability. Provide satisfactory evidence that the project proponent or the contractually responsible party has been in existence for at least three years and has financial resources sufficient to undertake the proposed project.

2. Financial Strength. Provide audited financial statements including income and balance sheets for the entity that is proposed to sign the contract and any parent company and joint venture company(ies), for the most recent three fiscal years. Provide a statement from the chief financial officer indicating that there has been no material change in the financial circumstances of the proposing entity (or its parent or owners if they are providing financial assurance of performance) since the date of the last financial statements.

3. Financing Plan. Provide a financing plan that identifies all capital requirements and describes the sources and uses of funds, the financing structure, and all assumptions used in the formulation of the program strategy. Proposer must demonstrate a capacity to provide the required financing from either internally generated funds, or commitments from external sources.

5.5 COST PROPOSAL
The proposer is required to submit its cost proposal using the forms that have been provided in Appendix A for this purpose. The cost proposal must be based on the technical component(s) of the proposal. The proposer Packet Pg. 90
Attachment: RFP (2652 : Consider Releasing Request for Proposals to Collect Solid Waste, Recyclables, & Organic Waste) 51 will pay the prevailing wage or Cities Living Wage rates, whichever is most applicable to each specific employment classification associated with the Franchise Services. All cost forms must be completed, and failure to do so may disqualify the proposal. A general description of each form is provided below. *Pay-As-You-Throw Rate Structure
The Cities have a strong desire to continue with a Pay-As-You-Throw (PAYT) rate structure. Proposers are strongly encouraged to submit cost proposals that are structured in this format. An example would be that the proposed 64-gallon solid waste cart service should be a substantially higher cost than a 35-gallon cart service. The same proportionality of rates should occur between cart and bin services to encourage small sized bin customer to move down to cart service, where feasible. The Cities acknowledges that creating fully proportional rates for the 20-gallon cart services will be difficult, but again, strongly encourages proposers to create as significant a rate differential between these services and the 35-gallon service levels as possible, to again promote the Cities primary objective of reducing waste generation and increase recycling and waste reduction practices.
*Service Migration
Proposers must provide a discussion of their assumptions regarding service migration resulting from; 1) the PAYT rate structure proposed, and 2) the proposer’s efforts to reduce solid waste disposal and increase recycling and waste reduction in accordance with the Cities goals and objectives outlined in Section 2.1 of the RFP.

Form 1: Collection and Processing Cost Proposal
Form 1 is to be used for providing the unit costs for collection and processing services. It is the Cities’ intent to use unit costs as shown in this form as the basis for payment for all collection services. The proposer must provide cart and bin collection service costs as cost per month for each level of service and weekly collection frequency indicated on the forms. Cart service is provided once per week and bin service is provided at varying frequencies from once to six (6) times per week. Collection costs for cart and bin collection services include separate collection of solid waste and recyclables. Residential Cart collection service also includes separate organic waste collection service (separate cost for MFD/Commercial Customers required to have this service).

Compactor service includes a baseline recycling service volume equal to the compactor volume multiplied by the weekly collection frequency. See Article 5 of the Draft Franchise Agreement for details on collection services.
• The service fee columns on Form 1 represent proposer’s cost for providing the service and may be adjusted annually based on the cost-of-living formula.
• The fuel fee column is the proposer’s cost for fuel for the specified service level and may be adjusted annually based on the annual diesel cost index in Section 9.03 of the Franchise agreement. The disposal fee column is proposer’s cost of disposal for the specified solid waste container based on a designated disposal facility tipping fee of $64.75 per ton. This fee is considered a pass-through cost and will be adjusted at the time of any change in tipping fee rate at the designated disposal facility. • The disposal Fee column is proposer’s cost of disposing solid waste materials for the specified solid waste container based on a designated disposal facility tipping fee of $64.75 per ton. This fee is Packet Pg. 91
Attachment: RFP (2652 : Consider Releasing Request for Proposals to Collect Solid Waste, Recyclables, & Organic Waste) 52 considered a pass-through cost and will be adjusted at the time of any change in tipping fee rate at the designated disposal facility.
• The organics fee column is proposer’s cost of processing of organics for the specified organics container based on a designated Organics Processing facility tipping fee of $58.25 per ton. This fee is considered a pass-through cost and will be adjusted at the time of any change in tipping fee rate at the designated processing facility.
• The AB 939 fee column is for a fee collected through the Franchise hauler on behalf of the Authority to fund all non-landfill related service programs required under AB 939 and other regulations, such as household hazardous waste collection, public recycling center operations, public education and marketing services, regional agency reporting and data management, SB 1383 related program support and community clean-up events. Below are the current (FY 22-23) proportioned charges to the franchises for each of the Cities. The proposer shall determine and propose how it will equitably charge this fee to each Customer based on its subscribed service level and to adequately recover the annual fees. AB 939 Fees should only be recovered through each customer’s baseline service subscription and not applied to optional, temporary or special services unless otherwise indicated on the proposal forms.

AB939 Fees for 2022-23:

Gonzales $ 81,633
Soledad $173,921
Greenfield $158,784
King City $189,674
$604,012
• The 3rd party recycling processing fee is proposer’s cost of processing recyclables at a third-party processing facility for the specified recyclables container based on the processing facility fees.

Proposers that own or controls the recycling processing facility should not complete this column but should include these costs within their proposed service fee.

Pass thru Fee Assumptions and Calculations
Please provide the assumptions and formula used to arrive at your proposed component fees for disposal, organics processing, AB 939, and third-party recyclable processing as listed above. For these calculations, assume the rates at the designated facilities above and those of your proposed recyclables processing facility at the time of your proposal submittal. If changes to these four pass-thru costs occur after execution of the final Franchise Agreement and prior to the commencement of services, the Cities may allow adjustment of these four component fees and final customer rates prior to July 1, 2025.

The franchise fee will be calculated using 20% percent of the total fees above (Service + Disposal + Organics + AB939 fees +3rd Party Recycling Processor (if any)). The franchise fee will be calculated by multiplying 20% by the sum of all the above fees. The average weight column is the average pounds per container utilized by the proposer to arrive at the disposal fee component and is required to be filled in and will be used by the Cities for rate structure evaluation.

Packet Pg. 92
Attachment: RFP (2652 : Consider Releasing Request for Proposals to Collect Solid Waste, Recyclables, & Organic Waste) 53 The selected contractor will be offered the option of using transfer services by Salinas Valley Solid Waste Authority for a fee established annually by the Authority Board of Directors. Once these services are contracted, this fee is considered a pass-through cost and should be included in your Franchise Service Fee component, subject to annual cost index adjustments under Section 9 of the Franchise Agreement.

Special Services
Proposers should indicate what special services they offer for each of the baseline service categories and provide a separate proposal sheet for those services including each of the applicable Fee Components listed above. Special Services may include but not be limited to long-walk charges, extra pick-ups, unscheduled pickups, enclosure/lock charges, cart or bin replacement, and extra-bulky goods picks ups beyond those included in Section 5.07.

Cart Customer Fees
Extra pickup, or garbage overages, collection is intended to provide for occasional extra solid waste put out on the regular collection day (not covered by annual clean-up program) and should be proposed as a fee per can/bag collected. Bulky goods collection assumes collection of extra-large items (stoves, refrigerators, couches, etc.) on a call-in and appointment basis, and should be provided as a fee per collection.

Bin Customer Fees
Additional pickup service is intended to apply as a per-pickup fee for an occasional extra collection. It is assumed a customer would not require this service on an ongoing basis but would instead change its service level (bin size or frequency). The fee for additional pickup service should be proposed as a fee per pickup; all other bin customer special services fees should be proposed as per month fees.

Solid Waste Weight Assumptions
Weight assumptions used to calculate the disposal fee component for the various sizes of cans, carts, bins, and compactors must be completed along with your cost proposal. This table is included as Form 1, Schedule 8 at the end of the cost proposal.

Customer Billing Costs
Proposers shall separately identify its cost for provision of customer billing services (included in its service fee component) by city and billing type (residential and commercial). Each City may independently conduct its own customer billing in which case this cost identified will be reimbursed to each city electing to conduct its own customer billing. Each City may independently conduct its own customer billing in which case this cost identified will be reimbursed to each city electing to conduct its own customer billing.

Street Sweeping Costs
Proposers shall separately identify its cost for providing street sweeping.

Packet Pg. 93
Attachment: RFP (2652 : Consider Releasing Request for Proposals to Collect Solid Waste, Recyclables, & Organic Waste) 54 Form 2: Estimated Annual Cost for Collection and Processing Service Form 2 is required in order to provide adequate cost information for the Cities to evaluate during the selection process. The cost information provided on this form will not be the basis for establishing service payments under the franchise contract. The proposed fees indicated in Form 1 will be used for establishing such payments. All line items should be filled out on Form 2, with additional line items included as necessary.

Proposer’s estimated total annual cost should be provided on Form 2 and will be assumed by the Cities to support the cost proposal submitted on Form 1.

Form 3: Proposal Validity
Form 3 is provided for the proposer to acknowledge the validity of the proposal contents and cost for a period of 365 days after the submission deadline.

5.6 EXAMINATION, SELF-RELIANCE
It is the responsibility of each proposer to do the following before submitting the proposal:
• Examine this RFP, including all enclosures and the Draft Franchise Agreement, thoroughly. • Attend the mandatory pre-proposal conference with representatives of the Cities scheduled to be held at 10:00 a.m. on April 21, 2023, at the offices of Salinas Valley Solid Waste Authority, 128 Sun Street, Suite 101, Salinas, CA 93901.
• Become familiar with local conditions that may affect cost, permitting, progress, performance, or furnishing of services described in this RFP, including inspection of the Cities’ terrain, streets and alleys.
• Consider federal, state and local laws, statutes, ordinances, regulations and other applicable laws that may affect costs, permitting, progress, performance, or furnishing of the project, including, but not limited to, applicable regulations concerning: prevailing wage rates, Cities Living Wage rates, nondiscrimination in the employment of labor, minority and women owned business enterprise requirements, protection of public and employee safety and health, environmental protection, protection of natural resources, fire protection, solid waste and recyclables collection standards and permits, other permits, fees and similar subjects.
• Each contractor will be expected to make good faith efforts to hire any displaced employees from the prior Franchisee, if any, by establishing a priority hiring program. Such a hiring program should consider displaced employees before other candidates.
• Clarify, with the Cities, any conflicts, errors, or discrepancies in this RFP, in advance of the submission deadline.

Before submitting the proposals, each proposer will, at proposer’s own expense, make or obtain any additional examinations, investigations, and studies, and obtain any additional information and data that may affect costs, permitting, progress, performance or furnishing of the project and that proposer deems necessary to determine its proposal. Information and statistical data that may be contained in the RFP or any addenda Packet Pg. 94
Attachment: RFP (2652 : Consider Releasing Request for Proposals to Collect Solid Waste, Recyclables, & Organic Waste) 55 thereto is for informational purpose only. The Cities makes no warranty as to the accuracy of this information and disclaims any responsibility for any such information that may subsequently be determined to be incomplete or inaccurate.

Packet Pg. 95
Attachment: RFP (2652 : Consider Releasing Request for Proposals to Collect Solid Waste, Recyclables, & Organic Waste) 56 SECTION 6

PROPOSAL SUBMITTAL INSTRUCTIONS
The details of the RFP submission process and schedule are described below.

6.1 PROPOSAL PROCESS
Step One - Letter of Intent
If you intend to submit a proposal in response to this RFP, the Cities must receive a letter of intent and a $250.00 non-refundable filing fee no later than 5:00 p.m., April 10, 2023. Send letter and filing fee to:

Salinas Valley Solid Waste Authority
128 Sun Street, Suite 101
Salinas, CA 93901
The check for the filing fee shall be payable to Salinas Valley Solid Waste Authority. Upon receipt of the letter of intent and filling fee, additional materials, if any, pertaining to the RFP will be sent to interested proposer.

Submitting a letter of intent ensures that interested proposers will receive a copy of any addenda or circulars sent to potential proposers. Proposers will not be allowed to propose on the contract without submitting a letter of intent and filing fee.

After issuance of the final RFP, proposers are not permitted to contact any employee, elected official or representative with the Cities for the purposes of discussing any aspect of this RFP. All communications and questions must be made in accordance with this RFP only. Any proposer who fails to recognize or utilize the process of communication outlined herein will be notified of its violation of the process and may be disqualified from the RFP process.

Step Two — Pre-proposal Conference
A mandatory pre-proposal conference will be held at 10:00 a.m. on April 21, 2023, at the offices of the Salinas Valley Solid Waste Authority, 128 Sun Street, Suite 101, Salinas, CA 93901. Proposers will be notified in advance of any change in location and time of the conference. Questions received in writing, as well as any other questions brought up at the conference, will be answered, to the extent possible, at this time.

Packet Pg. 96
Attachment: RFP (2652 : Consider Releasing Request for Proposals to Collect Solid Waste, Recyclables, & Organic Waste) 57 Step Three — Written Questions
Submit written questions regarding the meaning or intent of the RFP content or process, its enclosures, and requests for clarification or additional information to Salinas Valley Solid Waste Authority, Attn: Franchise Administration (at address in Step One), no later than 5:00 p.m., May 12, 2023. The Cities may not respond to questions received after this date.

Questions will be answered to the degree possible at the pre-proposal conference.

Questions of consequence will be recorded at the conference, and questions and answers will be posted on the Authority’s web site for all proposers of record at http://svswa.org/government/rfp-a. Any changes, interpretations, or clarifications considered necessary by the Cities in response to proposers’ questions will be issued as addenda and posted on the Authority’s website to all parties recorded by the Cities as having received this RFP at http://svswa.org/government/rfp-a. Only answers issued by formal posted addenda will be binding on the Cities. Oral and other interpretations or clarifications will be without legal effect.

Proposers whose designated representative(s) do not attend the pre-proposal conference will not be allowed to continue in this RFP process, and their proposals, if submitted, shall be disqualified. If a joint proposal is to be submitted, a representative from each firm with a substantial interest (representing more than twenty-five (25%) percent of the total proposal interest must attend the pre-proposal conference.

Step Four - Submit Proposal
Submit 10 double-sided copies on recycled paper, and one reproducible single-sided copy, of your response to the Cities on or before 5 p.m. (Pacific Standard Time), June 30, 2023. Proposals should be sealed and marked “Cities Gonzales, Soledad, Greenfield, and King — Solid Waste, Recycling, and Organic Waste Collection Services RFP” on the envelope. Sealed proposals should be mailed or delivered to:

Salinas Valley Solid Waste Authority
128 Sun Street, Suite 101
Salinas, CA 93901
Proposal Surety
Each proposal must be accompanied by surety made payable to Salinas Valley Solid Waste Authority in the amount of $75,000.00 each and in the form of an irrevocable standby letter of credit, cashier’s check, or bond.

Proposal bonds will be returned to all proposers no later than thirty (30) days after the execution of a contract with the successful proposer.

Proposal Forms 1-3
All three proposal form sections must be completed in full and Form 3, “Proposal Validity Form”, must be signed, dated and witnessed for the proposal to be valid. Failure to fully complete any of these forms may be cause for disqualification.

Packet Pg. 97
Attachment: RFP (2652 : Consider Releasing Request for Proposals to Collect Solid Waste, Recyclables, & Organic Waste) 58 Step Five — Clarification/Interviews
Proposers may be asked to clarify information through writing or interviews. The proposer will be expected to prepare and make oral presentations or participate in interviews, if requested. The clarification and interview period will occur in August of 2023. If an interview is requested, you will be advised of the specific time, date, and place.

6.2 RESPONSE CONTENT
All proposals will consist of the following:

1. A cover letter providing:
• Name, address, and telephone, fax number, and email address of applicant and key contact person
• Description of type of organization (e.g., corporation, partnership) submitting proposal • If joint venture or other teaming arrangement with two or more parties, describe past working relationships on similar projects
• Name of entity that would sign a contract if one is negotiated for this project • A written statement warranting that proposer has reviewed the requirements of the project as described in this RFP, its enclosures, and all addenda, by listing all addenda and dates received hereto
• A written statement acknowledging the validity of the proposal contents for a period of 180 days after the submission deadline

2. Executive summary (not to exceed five pages) that highlights the major elements of qualifications and proposal and clearly states the services that the proposal addresses.

3. Responses to all information requested in Section 5. Organize responses into five components and address each component following the format outlined in Section 5 so that all requested information can be readily found. Include the following components:

Packet Pg. 98
Attachment: RFP (2652 : Consider Releasing Request for Proposals to Collect Solid Waste, Recyclables, & Organic Waste) 59 • Qualifications
• Technical
• Contractual
• Financial
• Cost
Additional information or data relevant to proposer’s qualifications is optional and may be included in an appendix.

All pages of the proposal must be numbered consecutively through the document starting at page one.

The cover letter and proposal validity form must be signed by an officer or agent of the proposer who is duly authorized to bind the proposer, and must be included as the first page of the cost submittal. In signing the cost proposal, the proposer (1) agrees that the terms of both the technical proposal and the cost proposal as submitted by proposer are firm for a period of 365 days from the cost proposal due date and (2) assures that a performance bond will be issued ten (10) days after any approval of a contract by the Cities.

6.3 ACCURACY IN REPORTING REQUESTED INFORMATION
Information submitted as part of the RFP will be subject to verification. Inaccurate information or information that is misleading will be grounds for removal of a proposal for consideration regardless of any price quotes.

Should the contractor have been awarded any contract as a result of this RFP, such inaccurate or misleading information will be grounds for default.

Packet Pg. 99
Attachment: RFP (2652 : Consider Releasing Request for Proposals to Collect Solid Waste, Recyclables, & Organic Waste) 60 SECTION 7

SELECTION PROCEDURE AND CRITERIA
This section outlines the proposal evaluation procedure and the evaluation criteria that will be used to select a contractor.

7.1 EVALUATION PROCEDURE
The proposers will be evaluated based on the completeness and clarity of their proposals. Detailed supporting qualification, technical, environmental, marketing, educational, contractual and financial information must be presented in the proposal. The specific evaluation criteria will correspond to the information requested in Sections 5 and 6. Proposals will be evaluated based on the level or extent to which they meet each criterion.

Proposals will be evaluated by a selection committee (yet-to-be-determined) representing the Cities. The selection committee will be composed of individuals with financial and solid waste management backgrounds and may include an outside consultant. Each evaluator will review all proposals received using a set of established evaluation criteria (as discussed in Section 7.2). The criteria will address several categories:
company qualifications, technical capability, contractual issues, financial strength, and costs. The criteria will be applied to identify the relative strengths and weaknesses of individual proposals.

In addition to applying the above criteria to identify the relative strengths and weaknesses of individual proposals, all proposals will be compared and contrasted with each other based on service comparability and similarities, ease of management and administration, rate control, risk avoidance and protection, environmental aptitude, and direct and indirect costs.

The ratings from the evaluators will be compared to determine the final ranking of the proposals. After evaluation of proposals and ranking, the Cities will develop a qualified proposers list. Invitations to make oral presentations to and/or interview with the evaluation committee may be issued. Oral presentations and interviews will be conducted in closed meetings. The evaluation committee may ask questions or request clarification of a proposal before or during oral presentations. Based on the contents of submitted proposals, the results of interviews and oral presentations along with any other information requested by the Cities, the evaluation committee intends to make a recommendation to the respective City Councils to enter into negotiations with one or more of the proposers to provide the services considered in this RFP.

It is the Cities’ intent to finalize negotiations in a very timely manner once Cities’ authorization to enter into negotiations are obtained. The Cities’ position on all the major service and contractual issues have already Packet Pg. 100 Attachment: RFP (2652 : Consider Releasing Request for Proposals to Collect Solid Waste, Recyclables, & Organic Waste) 61 been thoroughly studied prior to issuance of this RFP, and resolution of those issues are represented in the RFP document and draft Franchise Agreement presented in this RFP process.

7.2 EVALUATION CRITERIA
Proposals will be evaluated using the criteria set forth herein. The criteria relate directly to the information requested in Section 5 and the following Cities goals and objectives:

Goals and Objectives

1. Achieve maximum possible cost-effectiveness
• Provide cost-effective operations
• Maintain low customer rates
• Minimize fiscal and liability impacts on ratepayers and contracting governments through reasonable annual rate adjustment methodology
• Minimize re-handling of sorted material
• Offer low risk marketing approaches with highest and best use objective for end materials • Maximize quality of recovered materials

2. Provide quality service
• Emphasize innovative, responsive management
• Ensure consistent, reliable quality service
• Maximize availability of service for all geographic areas and generator types

3. Conserve and protect resources/assets (landfill capacity, public funds) • Maximize waste recycling and reduction
• Provide incentives to reduce waste through PAYT rate structuring • Protect public investment in Cities solid waste facilities • Minimize impacts on air, water, and natural resources • Encourage highest and best use of recycled materials
• Promote handling of materials within the region whenever feasible

4. Achieve maximum community benefits
• Demonstrate proactive waste reduction/recycling philosophy • Include involvement of local recyclers
Packet Pg. 101 Attachment: RFP (2652 : Consider Releasing Request for Proposals to Collect Solid Waste, Recyclables, & Organic Waste) 62 • Provide economic opportunities for small businesses whenever feasible • Provide economic return to the community
• Ensure support and cooperation with the Central Coast Recycling Market Development Zone • Support local existing and potential manufacturers that use recyclables • Work with non-exclusive recycling contracts
• Increase local jobs
• Educate the public
• Involve the community

5. Minimize government administration while maximizing government oversight • Ensure complete and timely performance reports
• Maintain Cities access to records and information
• Ensure compliance with all contract performance requirements

6. Preserve flexibility of collection and processing

7. Satisfy regulatory requirements
• Maximize diversion

8. Maximize customer acceptance
• Establish equitable rate structure
• Provide incentives to reduce waste through PAYT rate structuring • Develop transition plan
Packet Pg. 102 Attachment: RFP (2652 : Consider Releasing Request for Proposals to Collect Solid Waste, Recyclables, & Organic Waste) 63 Evaluation Criteria
Qualifications

1. Company Qualifications. Demonstrated experience providing similar services in a comparable-sized service area.

2. Joint Venture and Teaming Arrangements. Proposers’ past working experience. Added strength of team to the project.

3. Staff Qualifications. Background of individual team members provides proven technical, operational, and managerial experience needed to handle the proposed services.

4. Understanding of Local Conditions. Extent to which contractor has a good understanding of the local solid waste management conditions in the Cities.

5. Client Relationship. Client references demonstrating proposer’s ability to maintain long-term relationships with municipalities, including cooperation in providing requested information in a timely manner and avoidance of litigation and arbitration in settling disputes (the Cities may contact references listed, or other public/private entities known to have contracted with proposer).

6. Customer Service. Demonstrated ability to implement and operate high-quality customer services and respond promptly and courteously to any and all customer inquiries and/or service requests.

7. Nondiscrimination and Affirmative Action. Demonstration of efforts beyond compliance with all applicable federal and state laws pertaining to nondiscrimination and affirmative action.

8. Minority, Women, and Disadvantaged Business Enterprises. Documented success in obtaining minority, women, and disadvantaged businesses subcontractors’ participation.

9. Corporate Citizenship. Documented success in contributing to the quality of life of the residents of the community.

Packet Pg. 103 Attachment: RFP (2652 : Consider Releasing Request for Proposals to Collect Solid Waste, Recyclables, & Organic Waste) 64 Technical

1. Methodology. Proposed method or technology has been successfully demonstrated in a commercial application. Overall methodology appears technically viable.

2. Compatibility. Proposed services are compatible with the Cities’ needs and service standards, including but not limited to use of high quality and well-maintained collection equipment and containers, collection equipment/system design to minimize litter release during collections or transit, and use of best practices in route design to minimize road wear and tear.

3. Public Education. Demonstrated ability to contribute to public education about services, including an explanation of strategies, experience, and copies of materials produced for past programs.

Contractual

1. Terms of Contract. Extent to which the contractor is willing to accept the terms outlined in Section 4 and presented in the draft Franchise Agreement.

2. Project Schedule. Implementation schedule is reasonable and provides the services within the Cities’ requested timeframe.

Financial

1. Financial Background. Financial projections, strategy, and capability of the proposer.

2. Financial Strength. Financial ability to take on the contract.

3. Financing Method. Ability of proposed financing plan to meet the needs of the Cities.

4. Financial Reporting: Demonstrated record and capability of consistent and accurate financial reporting.

Packet Pg. 104 Attachment: RFP (2652 : Consider Releasing Request for Proposals to Collect Solid Waste, Recyclables, & Organic Waste) 65 Cost Proposal

1. Reasonableness. The overall reasonableness and cost-effectiveness of the cost and annual rate setting methodology.

2. Competitiveness. The relative competitiveness compared to other proposals and regional rate comparators.

3. Completeness. The degree to which all requested cost information has been provided on the appropriate forms.

Overall

1. Goal Attainment. The degree to which the proposal meets the goals and objectives of the Cities as stated in the RFP and draft Franchise Agreement.

2. Conformity. The degree to which the proposal conforms to the requirements as set forth in the RFP and draft Franchise Agreement.

Packet Pg. 105 Attachment: RFP (2652 : Consider Releasing Request for Proposals to Collect Solid Waste, Recyclables, & Organic Waste) 66 APPENDIX A

COST PROPOSAL FORMS
Packet Pg. 106 Attachment: RFP (2652 : Consider Releasing Request for Proposals to Collect Solid Waste, Recyclables, & Organic Waste) 67 FORM 1

CART CUSTOMER SERVICE FEE SCHEDULE

RESIDENTIAL
Schedule 1-A
Monthly Fee Schedule
Bundled 3-Container
Collection System
Solid Waste,
Recyclables, & Organics
Service: (1)
Service
Fee Fuel Fee DisposalFee
Organics
Fee
AB 939
Fee
3rd Party
Recycling
Processing
Fee (3)
Total
Monthly
Customer
Service
Fees (4)
20-gallon solid waste
cart (2)
$ $ $ $ $ $ $
32 or 35-gallon solid
waste cart (2)
$ $ $ $ $ $ $
48-gallon solid waste
cart (2)
$ $ $ $ $ $ $
64-gallon solid waste
cart (2)
$ $ $ $ $ $ $
96-gallon solid waste
cart (2)
$ $ $ $ $ $ $
(1) Approximate container volume, volumes may vary slightly dependent on manufacturer and lid configuration. 48-gallon Service is current standard service for Cities of Gonzales, Soledad and Greenfield and may be included with or in lieu of 32 or 35 gallon service level. (2) Residential Cart customer receives unlimited collection of organic waste and recycling at no additional cost.
(3) Complete this column only if using a 3rd Party Recycling Materials Recovery Facility. If Franchisee owns or controls the RMRF, these costs should be included in the Service Fee. (4) Total Fees before inclusion of Franchise Fees
Packet Pg. 107 Attachment: RFP (2652 : Consider Releasing Request for Proposals to Collect Solid Waste, Recyclables, & Organic Waste) 68 FORM 1

CART CUSTOMER SERVICE FEE SCHEDULE

COMMERCIAL AND MFD
Schedule 2
Monthly Fee Schedule
Solid Waste and
Recyclables
Service: (1)
Service
Fee Fuel Fee DisposalFee
Organics
Fee
AB 939
Fee
3rd Party
Recycling
Processing
Fee (3)
Total
Monthly
Customer
Service
Fees (4)
20-gallon solid waste
cart (2)
$ $ $ n/a $ $ $
32 or 35-gallon solid
waste cart (2)
$ $ $ n/a $ $ $
48-gallon solid waste
cart (2)
$ $ $ n/a $ $ $
64-gallon solid waste
cart (2)
$ $ $ n/a $ $ $
96-gallon solid waste
cart (2)
$ $ $ n/a $ $ $
Organic waste service
64-gallon cart (5)
$ $ n/a $ n/a n/a $
(1) Approximate container volume, volumes may vary slightly dependent on manufacturer and lid configuration. 48-gallon Service is current standard service for Cities of Gonzales, Soledad and Greenfield and may be included with or in lieu of 32 or 35-gallon service level. (2) Commercial & MFD cart customers shall receive at a minimum one 64-gallon recyclables cart and up to a 1 CY Recyclables Bin or total recycling capacity at no additional cost. (3) Complete this column only if using a 3rd Party Recycling Materials Recovery Facility. If Franchisee owns or controls the RMF, these costs should be included in the Service Fee. (4) Total Fees before inclusion of Franchise Fees
(5) Optional Organic Waste Collection Service, if required by SB 1383 and City Code Packet Pg. 108 Attachment: RFP (2652 : Consider Releasing Request for Proposals to Collect Solid Waste, Recyclables, & Organic Waste) 69 FORM 1

COMMERCIAL & MFD

BIN CUSTOMER RATE SCHEDULE
Schedule 3
Monthly Fee Schedules
Solid Waste Bin
Service Description
Service
Fee Fuel Fee Disposal
Fee
Organics
Fee
AB 939
Fee
3rd Party
Recycling
Processing
Fee (1)
Total
Monthly
Customer
Service
Fees (2)
1 Yard - 1 x week $ $ $ n/a $ $ $
2 Yard - 1 x week $ $ $ n/a $ $ $
3 Yard - 1 x week $ $ $ n/a $ $ $
4 Yard - 1 x week $ $ $ n/a $ $ $
6 Yard - 1 x week $ $ $ n/a $ $ $
8 Yard - 1 x week $ $ $ n/a $ $ $
Solid Waste Bin
Service Description
Service
Fee Fuel Fee Disposal
Fee
Organics
Fee
AB 939
Fee
3rd Party
Recycling
Processing
Fee (1)
Total
Monthly
Customer
Service
Fees (2)
1 Yard - 2 x week $ $ $ n/a $ $ $
2 Yard - 2 x week $ $ $ n/a $ $ $
3 Yard - 2 x week $ $ $ n/a $ $ $
4 Yard - 2 x week $ $ $ n/a $ $ $
6 Yard - 2 x week $ $ $ n/a $ $ $
8 Yard - 2 x week $ $ $ n/a $ $ $
Solid Waste Bin
Service Description
Service
Fee Fuel Fee Disposal
Fee
Organics
Fee
AB 939
Fee
3rd Party
Recycling
Processing
Fee (1)
Total
Monthly
Customer
Service
Fees (2)
1 Yard - 3 x week $ $ $ n/a $ $ $
2 Yard - 3 x week $ $ $ n/a $ $ $
3 Yard - 3 x week $ $ $ n/a $ $ $
4 Yard - 3 x week $ $ $ n/a $ $ $
6 Yard - 3 x week $ $ $ n/a $ $ $
8 Yard - 3 x week $ $ $ n/a $ $ $
(1) Fee from 3rd Party Recycling Materials Recovery Facility. If Franchisee owns or controls the RMRF, these costs should be included in the Service Fee.
(2) Total Fees before inclusion of Franchise Fees
Packet Pg. 109 Attachment: RFP (2652 : Consider Releasing Request for Proposals to Collect Solid Waste, Recyclables, & Organic Waste) 70 FORM 1

BIN CUSTOMER RATE SCHEDULE
Schedule 3 (continued)
Monthly Fee Schedules
Solid Waste Bin
Service Description
Service
Fee Fuel Fee Disposal
Fee
Organics
Fee
AB 939
Fee
3rd Party
Recycling
Processing
Fee (1)
Total
Monthly
Customer
Service
Fees (2)
1 Yard - 4 x week $ $ $ n/a $ $ $
2 Yard - 4 x week $ $ $ n/a $ $ $
3 Yard - 4 x week $ $ $ n/a $ $ $
4 Yard - 4 x week $ $ $ n/a $ $ $
6 Yard - 4 x week $ $ $ n/a $ $ $
8 Yard - 4 x week $ $ $ n/a $ $ $
Solid Waste Bin
Service Description
Service
Fee Fuel Fee Disposal
Fee
Organics
Fee
AB 939
Fee
3rd Party
Recycling
Processing
Fee (1)
Total
Monthly
Customer
Service
Fees (2)
1 Yard - 5 x week $ $ $ n/a $ $ $
2 Yard - 5 x week $ $ $ n/a $ $ $
3 Yard - 5 x week $ $ $ n/a $ $ $
4 Yard - 5 x week $ $ $ n/a $ $ $
6 Yard - 5 x week $ $ $ n/a $ $ $
8 Yard - 5 x week $ $ $ n/a $ $ $
Solid Waste Bin
Service Description
Service
Fee Fuel Fee Disposal
Fee
Organics
Fee
AB 939
Fee
3rd Party
Recycling
Processing
Fee (1)
Total
Monthly
Customer
Service
Fees (2)
1 Yard - 6 x week $ $ $ n/a $ $ $
2 Yard - 6 x week $ $ $ n/a $ $ $
3 Yard - 6 x week $ $ $ n/a $ $ $
4 Yard - 6 x week $ $ $ n/a $ $ $
6 Yard - 6 x week $ $ $ n/a $ $ $
8 Yard - 6 x week $ $ $ n/a $ $ $
(1) Fee from 3rd Party Recycling Materials Recovery Facility. If Franchisee owns or controls the RMRF, these costs should be included in the Service Fee.
(2) Total Fees before inclusion of Franchise Fees
Packet Pg. 110 Attachment: RFP (2652 : Consider Releasing Request for Proposals to Collect Solid Waste, Recyclables, & Organic Waste) 71 FORM 1

COMPACTOR BIN CUSTOMER RATE SCHEDULE
Schedule 4
Monthly Fee Schedule
Compacted Solid
Waste Bin Service
Description (1)
Service
Fee Fuel Fee DisposalFee
Organics
Fee
AB 939
Fee
3rd Party
Recycling
Processing
Fee (2)
Total
Monthly
Customer
Service
Fees (3)
1 Yard - 1 x week $ $ $ n/a $ $ $
2 Yard - 1 x week $ $ $ n/a $ $ $
3 Yard - 1 x week $ $ $ n/a $ $ $
4 Yard - 1 x week $ $ $ n/a $ $ $
6 Yard - 1 x week $ $ $ n/a $ $ $
Compacted Solid
Waste Bin Service
Description (1)
Service
Fee Fuel Fee Disposal
Fee
Organics
Fee
AB 939
Fee
3rd Party
Recycling
Processing
Fee (2)
Total
Monthly
Customer
Service
Fees (3)
1 Yard - 2 x week $ $ $ n/a $ $ $
2 Yard - 2 x week $ $ $ n/a $ $ $
3 Yard - 2 x week $ $ $ n/a $ $ $
4 Yard - 2 x week $ $ $ n/a $ $ $
6 Yard - 2 x week $ $ $ n/a $ $ $
Compacted Solid
Waste Bin Service
Description (1)
Service
Fee Fuel Fee Disposal
Fee
Organics
Fee
AB 939
Fee
3rd Party
Recycling
Processing
Fee (2)
Total
Monthly
Customer
Service
Fees (3)
1 Yard - 3 x week $ $ $ n/a $ $ $
2 Yard - 3 x week $ $ $ n/a $ $ $
3 Yard - 3 x week $ $ $ n/a $ $ $
4 Yard - 3 x week $ $ $ n/a $ $ $
6 Yard - 3 x week $ $ $ n/a $ $ $
(1) Customer owned and maintained bins. Fees cover cost of collection and transportation only. Franchisee supplied compactors will be negotiated with the customer on a case-by-case basis. (2) Fee from 3rd Party Recycling Materials Recovery Facility. If Franchisee owns or controls the RMF, these costs should be included in the Service Fee.
(3) Total Fees before inclusion of Franchise Fees
Packet Pg. 111 Attachment: RFP (2652 : Consider Releasing Request for Proposals to Collect Solid Waste, Recyclables, & Organic Waste) 72 FORM 1

COMPACTOR BIN CUSTOMER RATE SCHEDULE
Schedule 4 (continued)
Monthly Fee Schedule
Compacted Solid
Waste Bin Service
Description (1)
Service
Fee Fuel Fee Disposal
Fee
Organics
Fee
AB 939
Fee
3rd Party
Recycling
Processing
Fee (2)
Total
Monthly
Customer
Service
Fees (3)
1 Yard - 4 x week $ $ $ n/a $ $ $
2 Yard - 4 x week $ $ $ n/a $ $ $
3 Yard - 4 x week $ $ $ n/a $ $ $
4 Yard - 4 x week $ $ $ n/a $ $ $
6 Yard - 4 x week $ $ $ n/a $ $ $
Compacted Solid
Waste Bin Service
Description (1)
Service
Fee Fuel Fee Disposal
Fee
Organics
Fee
AB 939
Fee
3rd Party
Recycling
Processing
Fee (2)
Total
Monthly
Customer
Service
Fees (3)
1 Yard - 5 x week $ $ $ n/a $ $ $
2 Yard - 5 x week $ $ $ n/a $ $ $
3 Yard - 5 x week $ $ $ n/a $ $ $
4 Yard - 5 x week $ $ $ n/a $ $ $
6 Yard - 5 x week $ $ $ n/a $ $ $
Compacted Solid
Waste Bin Service
Description (1)
Service
Fee Fuel Fee Disposal
Fee
Organics
Fee
AB 939
Fee
3rd Party
Recycling
Processing
Fee (2)
Total
Monthly
Customer
Service
Fees (3)
1 Yard - 6 x week $ $ $ n/a $ n/a $
2 Yard - 6 x week $ $ $ n/a $ n/a $
3 Yard - 6 x week $ $ $ n/a $ n/a $
4 Yard - 6 x week $ $ $ n/a $ n/a $
6 Yard - 6 x week $ $ $ n/a $ n/a $
(1) Customer owned and maintained bins. Fees cover cost of collection and transportation only. Franchisee supplied compactors will be negotiated with the customer on a case-by-case basis. (2) Fee from 3rd Party Recycling Materials Recovery Facility. If Franchisee owns or controls the RMRF, these costs should be included in the Service Fee.
(3) Total Fees before inclusion of Franchise Fees
Packet Pg. 112 Attachment: RFP (2652 : Consider Releasing Request for Proposals to Collect Solid Waste, Recyclables, & Organic Waste) 73 FORM 1

BIN CUSTOMER ADDITIONAL RECYCLABLES RATE SCHEDULE
Schedule 5
Recyclables Bin Collection
Maximum Monthly Rate Schedule
Additional
Recyclable Bin
Service Description
(1)
Service
Fee Fuel Fee Disposal
Fee
Organics
Fee
AB 939
Fee
3rd Party
Recycling
Processing
Fee (2)
Total
Monthly
Customer
Service
Fees (3)
1 Yard - 1 x week $ $ n/a n/a $ $ $
2 Yard - 1 x week $ $ n/a n/a $ $ $
3 Yard - 1 x week $ $ n/a n/a $ $ $
4 Yard - 1 x week $ $ n/a n/a $ $ $
6 Yard - 1 x week $ $ n/a n/a $ $ $
Additional
Recyclable Bin
Service Description
(1)
Service
Fee Fuel Fee Disposal
Fee
Organics
Fee
AB 939
Fee
3rd Party
Recycling
Processing
Fee (2)
Total
Monthly
Customer
Service
Fees (3)
1 Yard - 2 x week $ $ n/a n/a $ $ $
2 Yard - 2 x week $ $ n/a n/a $ $ $
3 Yard - 2 x week $ $ n/a n/a $ $ $
4 Yard - 2 x week $ $ n/a n/a $ $ $
6 Yard - 2 x week $ $ n/a n/a $ $ $
Additional
Recyclable Bin
Service Description
(1)
Service
Fee Fuel Fee Disposal
Fee
Organics
Fee
AB 939
Fee
3rd Party
Recycling
Processing
Fee (2)
Total
Monthly
Customer
Service
Fees (3)
1 Yard - 3 x week $ $ n/a n/a $ $ $
2 Yard - 3 x week $ $ n/a n/a $ $ $
3 Yard - 3 x week $ $ n/a n/a $ $ $
4 Yard - 3 x week $ $ n/a n/a $ $ $
6 Yard - 3 x week $ $ n/a n/a $ $ $
(1) The rates established here are maximum rates that may be charged by the Franchisee for Additional Recyclables services above those included in Sections 5.05 and included in baseline collection services. (2) Fee from 3rd Party Recycling Materials Recovery Facility. If Franchisee owns or controls the RMF, these costs should be included in the Service Fee.
(3) Total Fees before inclusion of Franchise Fees
Packet Pg. 113 Attachment: RFP (2652 : Consider Releasing Request for Proposals to Collect Solid Waste, Recyclables, & Organic Waste) 74 FORM 1

BIN CUSTOMER ADDITIONAL RECYCLABLES RATE SCHEDULE
Schedule 5 (continued)
Recyclables Bin Collection
Maximum Monthly Rate Schedule
Additional
Recyclable Bin
Service Description
(1)
Service
Fee Fuel Fee Disposal
Fee
Organics
Fee
AB 939
Fee
3rd Party
Recycling
Processing
Fee (2)
Total
Monthly
Customer
Service
Fees (3)
1 Yard - 4 x week $ $ n/a n/a $ $ $
2 Yard - 4 x week $ $ n/a n/a $ $ $
3 Yard - 4 x week $ $ n/a n/a $ $ $
4 Yard - 4 x week $ $ n/a n/a $ $ $
6 Yard - 4 x week $ $ n/a n/a $ $ $
Additional
Recyclable Bin
Service Description
(1)
Service
Fee Fuel Fee Disposal
Fee
Organics
Fee
AB 939
Fee
3rd Party
Recycling
Processing
Fee (2)
Total
Monthly
Customer
Service
Fees (3)
1 Yard - 5 x week $ $ n/a n/a $ $ $
2 Yard - 5 x week $ $ n/a n/a $ $ $
3 Yard - 5 x week $ $ n/a n/a $ $ $
4 Yard - 5 x week $ $ n/a n/a $ $ $
6 Yard - 5 x week $ $ n/a n/a $ $ $
Additional
Recyclable Bin
Service Description
(1)
Service
Fee Fuel Fee Disposal
Fee
Organics
Fee
AB 939
Fee
3rd Party
Recycling
Processing
Fee (2)
Total
Monthly
Customer
Service
Fees (3)
1 Yard - 6 x week $ $ n/a n/a $ $ $
2 Yard - 6 x week $ $ n/a n/a $ $ $
3 Yard - 6 x week $ $ n/a n/a $ $ $
4 Yard - 6 x week $ $ n/a n/a $ $ $
6 Yard - 6 x week $ $ n/a n/a $ $ $
(1) The rates established here are maximum rates that may be charged by the Franchisee for Additional Recyclables services above those included in Section 5.07 and included in baseline collection services. (2) Fee from 3rd Party Recycling Materials Recovery Facility. If Franchisee owns or controls the RMF, these costs should be included in the Service Fee.
(3) Total Fees before inclusion of Franchise Fees.

Packet Pg. 114 Attachment: RFP (2652 : Consider Releasing Request for Proposals to Collect Solid Waste, Recyclables, & Organic Waste) 75 FORM 1

DROP-BOX/ROLL-OFF CUSTOMER RATE SCHEDULE
Schedule 6
Monthly Fee Schedule
Drop-Box/Roll-off
Service Description
(1)
Service
Fee Fuel Fee DisposalFee (2)
Organics
Fee
AB 939
Fee
3rd Party
Recycling
Processing
Fee (3)
Total
Monthly
Customer
Service
Fees (4)
15 Yard Container $ $ $ n/a $ $ $
20 Yard Container $ $ $ n/a $ $ $
30 Yard Container $ $ $ n/a $ $ $
40 Yard Container $ $ $ n/a $ $ $
(1) Rates for regular weekly services including the baseline recycling services as defined under Section 5.06. (2) Disposal may be proposed as fixed fee, or TBD based on actual weight at disposal facility based on current posted rates.
(3) Fee from 3rd Party Recycling Materials Recovery Facility. If Franchisee owns or controls the RMRF, these costs should be included in the Service Fee.
(4) Total Fees before inclusion of Franchise Fees.

Packet Pg. 115 Attachment: RFP (2652 : Consider Releasing Request for Proposals to Collect Solid Waste, Recyclables, & Organic Waste) 76 FORM 1

COMMERCIAL/MFD ORGANICS WASTE COLLECTION SERVICE FEE SCHEDULE Schedule 7
Organic Waste
Service (1)
Size & Frequency
Service
Fee Fuel Fee Disposal
Fee
Organics
Fee
AB 939
Fee
3rd Party
Recycling
Processing
Fee
Total
Monthly
Customer
Service Fees
(1)
Weekly Services:
20 Gal Cart-1x/wk n/a n/a
35 Gal Cart- 1x/wk n/a n/a
64 Gal Cart- 1x/wk n/a n/a
35 Gal Cart- 2x/wk n/a n/a
35 Gal Cart- 3x/wk n/a n/a
64 Gal Cart- 2x/wk n/a n/a
35 Gal Cart- 4x/wk n/a n/a
64 Gal Cart- 3x/wk n/a n/a
64 Gal Cart- 4x/wk n/a n/a
1CY Bin - 1 x/wk n/a n/a
2CY Bin - 1x/wk n/a n/a
1CY Bin - 2x /wk n/a n/a
1CYBin - 3x/wk n/a n/a
2CY Bin - 2x/wk n/a n/a
1CY Bin - 4x/wk n/a n/a
2CY Bin -3x/wk n/a n/a
2CY Bin - 4x/wk n/a n/a
(1) The rates established here are maximum rates that may be charged by the Franchisee for Commercial/MFD Organics Waste Collection services in addition baseline collection services defined in Sections 5.05 and 5.06. (2) Fee from 3rd Party Recycling Materials Recovery Facility. If Franchisee owns or controls the RMF, these costs should be included in the Service Fee.
(3) Total Fees before inclusion of Franchise Fees.

Packet Pg. 116 Attachment: RFP (2652 : Consider Releasing Request for Proposals to Collect Solid Waste, Recyclables, & Organic Waste) 77 FORM 1

SOLID WASTE CONTAINER WEIGHT ASSUMPTIONS
Schedule 8
(1) Provide weight assumptions, per container, used to calculate the disposal fee component for Schedules 1, 2, 3, 4 and 6. (2) If proposed as a service level

CONTAINER SIZE SOLID WASTE WEIGHT
ASSUMPTION (1)
20 Gallon Can/Cart lbs per cart
35 Gallon Cart lbs per cart
48 Gallon Cart(2) lbs per cart
64 Gallon Cart lbs per cart
96 Gallon Cart lbs per cart
1 Cubic Yard Bin lbs per bin
2 Cubic Yard Bin lbs per bin
3 Cubic Yard Bin lbs per bin
4 Cubic Yard Bin lbs per bin
6 Cubic Yard Bin lbs per bin
8 Cubic Yard Bin lbs per bin
1 Cubic Yard Compactor lbs per Comp.
2 Cubic Yard Compactor lbs per Comp.
3 Cubic Yard Compactor lbs per Comp.
4 Cubic Yard Compactor lbs per Comp.
6 Cubic Yard Compactor lbs per Comp.

Packet Pg. 117 Attachment: RFP (2652 : Consider Releasing Request for Proposals to Collect Solid Waste, Recyclables, & Organic Waste) 78 FORM 1

ANNUAL COST OF BILLING

PER JURISDICTION BASED ON DATA PROVIDED
Schedule 9

SERVICE TYPE
Quarterly
Residential
Billing Fee
Monthly
Commercial/MFD
Billing Fee
Total Annual
Billing Cost
City of Gonzales $ $ $
City of Greenfield $ $ $
City of Soledad $ $ $
City of King $ $ $
Packet Pg. 118 Attachment: RFP (2652 : Consider Releasing Request for Proposals to Collect Solid Waste, Recyclables, & Organic Waste) 79 FORM 1

STREET SWEEPING FEE

COST PER CUSTOMER
Schedule 10

CUSTOMER TYPE SERVICE FEE
Per Customer
Residential$
Multi-Family$
Commercial $
Packet Pg. 119 Attachment: RFP (2652 : Consider Releasing Request for Proposals to Collect Solid Waste, Recyclables, & Organic Waste) 80 FORM 1

PUBLIC OUTREACH AND EDUCATION

ANNUAL PLAN BUDGET
Schedule 11

Provide proposed annual budget for public outreach and education services as required by the Draft Franchise Agreement including all costs for staffing, consultants, media services, printing distribution/mailing and related expenses.

City

Annual Budget
City of Gonzales $
City of Greenfield $
City of Soledad $
City of King $
TOTAL $

Packet Pg. 120 Attachment: RFP (2652 : Consider Releasing Request for Proposals to Collect Solid Waste, Recyclables, & Organic Waste) 81 FORM 2
Annual Service Cost Estimates
Company Name: ________________________________
Estimated Annual Cost for Combined Collection and Processing Service (For Informational Purposes)
Residential
Solid Waste
(annual $)
Organic Waste
Collection
(annual $)
Curbside
Recycling
(annual $)
Commercial
Solid Waste
and Recycling
(annual $)
Capital Cost
Facility cost (land & building)
Other: ________________________
_____________________________
Equipment
Collection vehicles
Containers
Office Equipment
Other: ________________________
_____________________________
Labor (including labor overhead)
CollectionMaintenance
Billing
Customer service
Administration/Management
Packet Pg. 121 Attachment: RFP (2652 : Consider Releasing Request for Proposals to Collect Solid Waste, Recyclables, & Organic Waste) 82 Residential
Solid Waste
(annual $)
Organic Waste
Collection
(annual $)
Curbside
Recycling
(annual $)
Commercial
Solid Waste
and Recycling
(annual $)
Other: ________________________
_____________________________
Operations Related Utilities
Fuel
Electricity
Other: ________________________
Maintenance (non-labor)
Consumables
Contract service
Equipment rental
Facility maintenance
Tires
Parts, supplies
Other: ________________________
_____________________________ ___________ ___________ _________ ___________ Office
Office lease
Packet Pg. 122 Attachment: RFP (2652 : Consider Releasing Request for Proposals to Collect Solid Waste, Recyclables, & Organic Waste) 83 Residential
Solid Waste
(annual $)
Organic Waste
Collection
(annual $)
Curbside
Recycling
(annual $)
Commercial
Solid Waste
and Recycling
(annual $)
Supplies
Utilities
Contract service
Other: ________________________
_____________________________
G&A
Insurance
Licenses
Fees, permits
Professional services
Corp. management fee (if any)
Other: ________________________
_____________________________
Total
Packet Pg. 123 Attachment: RFP (2652 : Consider Releasing Request for Proposals to Collect Solid Waste, Recyclables, & Organic Waste) 84 FORM 3

Proposal Validity Form
Provide the following acknowledgement of the validity of your proposal for a period of 365 days.

I (authorized agent) ________________________ having authority to act on behalf of (Company name) ___________________________________ do hereby acknowledge that (Company name) ________________________________________ will be bound by all terms, costs and conditions of this proposal for a period 365 days from the date of submission.

Signed: ___________________________ Printed: _______________________________ Title: ____________________________
Dated: ____________________________
Witnessed: ___________________________ Dated: ___________________ Packet Pg. 124 Attachment: RFP (2652 : Consider Releasing Request for Proposals to Collect Solid Waste, Recyclables, & Organic Waste) 85 APPENDIX B

DRAFT FRANCHISE AGREEMENT
Packet Pg. 125 Attachment: RFP (2652 : Consider Releasing Request for Proposals to Collect Solid Waste, Recyclables, & Organic Waste)

EXCLUSIVE FRANCHISE AGREEMENT

FOR SOLID WASTE, RECYCLABLES, AND ORGANIC WASTE COLLECTION

SERVICES

BETWEEN
___________________________
AND
___________________________
Packet Pg. 126 Attachment: RFP (2652 : Consider Releasing Request for Proposals to Collect Solid Waste, Recyclables, & Organic Waste) South Valley Franchise (02-10-23 draft) i

TABLE OF CONTENTS
RECITALS .....................................................................................................................................1 ARTICLE I. DEFINITIONS ....................................................................................................6 ARTICLE II. REPRESENTATIONS AND WARRANTIES OF THE FRANCHISEE ........20 SECTION 2.01 CORPORATE STATUS ................................................................................20 SECTION 2.02 CORPORATE AUTHORIZATION ..............................................................20 SECTION 2.03 NO CONFLICT ..............................................................................................20 SECTION 2.04 NO LITIGATION ..........................................................................................20 SECTION 2.05 NO LEGAL PROHIBITION ..........................................................................21 SECTION 2.06 INFORMATION SUPPLIED BY THE FRANCHISEE ...............................21 SECTION 2.07 WAIVER OF CERTAIN RIGHTS ................................................................21 SECTION 2.08 FREE MARKET DECISION .........................................................................21 SECTION 2.09 FRANCHISEE INVESTIGATION ...............................................................21 ARTICLE III. TERMS OF AGREEMENT ..............................................................................22 SECTION 3.01 GRANT AND ACCEPTANCE OF FRANCHISE ........................................22 SECTION 3.02 ASSIGNMENT AND TRANSFER OF FRANCHISE ..................................23 SECTION 3.03 CHANGE IN FRANCHISEE OWNERSHIP OR CONTROL ......................23 SECTION 3.04 PAYMENT OF CERTAIN COSTS BY FRANCHISEE ...............................24 SECTION 3.05 EFFECT ON PRIOR AGREEMENTS ..........................................................25 SECTION 3.06 EFFECTIVE DATE AND TERM OF THIS AGREEMENT ........................25 SECTION 3.07 EXTENSION TERM .....................................................................................25 SECTION 3.08 NO GUARANTEES OF MATERIAL VOLUME OR
COMPOSITION OF CUSTOMERS ..............................................................25 ARTICLE IV. GENERAL AGREEMENT ..............................................................................26 SECTION 4.01 GRANT OF AGREEMENT ..........................................................................26 SECTION 4.02 CITY DESIGNATION OF FACILITIES ......................................................26 SECTION 4.03 COLLECTION LOCATIONS .......................................................................26 SECTION 4.04 RATE REGULATION ...................................................................................27 ARTICLE V. COLLECTION SERVICES ..............................................................................27 SECTION 5.01 COLLECTION AND PROCESSING SERVICES ........................................27 SECTION 5.02 RESIDENTIAL THREE CONTAINER SYSTEM .......................................28 SECTION 5.03 USE OF PLASTIC BAGS .............................................................................30 Packet Pg. 127 Attachment: RFP (2652 : Consider Releasing Request for Proposals to Collect Solid Waste, Recyclables, & Organic Waste) South Valley Franchise (02-10-23 draft) ii
SECTION 5.04 SPECIAL SERVICES. ...................................................................................30 SECTION 5.05 MULTI-FAMILY DWELLING AND COMMERCIAL SERVICES ...........30 SECTION 5.06 DROP-BOX/ROLL-OFF SERVICES ...........................................................31 SECTION 5.07 ANNUAL CITY CLEANUP AND BULKY ITEMS ....................................33 SECTION 5.08 CITY SERVICES ...........................................................................................33 SECTION 5.09 SPECIAL EVENTS AND SERVICES ..........................................................34 SECTION 5.10 COLLECTION SERVICE OPERATING REQUIREMENTS ......................36 SECTION 5.11 COLLECTION LOCATIONS .......................................................................36 ARTICLE VI. OTHER RELATED SERVICES ......................................................................38 SECTION 6.01 TRANSFER, PROCESSING AND DISPOSAL ...........................................38 SECTION 6.02 CONTAMINATION MONITORING ...........................................................39 SECTION 6.03 PUBLIC OUTREACH AND EDUCATION .................................................41 SECTION 6.04 TECHNICAL ASSISTANCE PROGRAM ...................................................44 SECTION 6.05 FOOD RECOVERY PROGRAM ..................................................................44 SECTION 6.06 BILLING44
SECTION 6.07 GENERATOR WAIVER PROGRAM COORDINATION ..........................45 SECTION 6.08 INSPECTION AND ENFORCEMENT ........................................................46 SECTION 6.09 SERVICE COMPLAINTS .............................................................................47 SECTION 6.10 REPORT OF ABANDONED MATERIALS ................................................50 SECTION 6.11 NON-DISCRIMINATION .............................................................................50 SECTION 6.12 EMERGENCY CONTACT ...........................................................................50 ARTICLE VII. STANDARDS OF PERFORMANCE ..............................................................50 SECTION 7.01 EQUIPMENT .................................................................................................51 SECTION 7.02 CONTAINERS ...............................................................................................52 SECTION 7.03 DIVERSION REQUIREMENTS ...................................................................53 ARTICLE VIII. RECORD KEEPING AND REPORTING .......................................................53 SECTION 8.01 ACCOUNTING AND RECORDS ................................................................53 SECTION 8.02 MONITORING AND REPORTING .............................................................54 SECTION 8.03 INSPECTION .................................................................................................55 SECTION 8.04 RESEARCH AND DEVELOPMENT ...........................................................56 ARTICLE IX. SERVICE FEES AND CUSTOMER RATE CAPS .........................................56 SECTION 9.01 SERVICE FEES .............................................................................................56 SECTION 9.02 ANNUAL SERVICE FEE ADJUSTMENTS ................................................56 Packet Pg. 128 Attachment: RFP (2652 : Consider Releasing Request for Proposals to Collect Solid Waste, Recyclables, & Organic Waste) South Valley Franchise (02-10-23 draft) iii
SECTION 9.03 COST COMPONENTS AND RATE ADJUSTMENT INDEXES ...............57 SECTION 9.04 CHANGES IN RECYCLABLE MATERIALS COMPOSITION, MARKETS, COSTS ......................................................................................59 SECTION 9.05 OTHER SERVICE FEE ADJUSTMENTS ...................................................59 SECTION 9.06 FRANCHISE FEE ..........................................................................................60 ARTICLE X. INDEMNITY, INSURANCE AND PERFORMANCE BOND .......................61 SECTION 10.01 INDEMNIFICATION OF CITY ....................................................................61 SECTION 10.02 HAZARDOUS MATERIALS INDEMNIFICATION ..................................61 SECTION 10.03 PERFORMANCE BOND ..............................................................................62 SECTION 10.04 FORFEITURE OF PERFORMANCE BOND ...............................................62 ARTICLE XI. DEFAULT AND REMEDIES ..........................................................................63 SECTION 11.01 REMEDIES FOR BREACH ..........................................................................63 SECTION 11.02 RIGHT OF THE CITY TO PERFORM SERVICES IN CERTAIN CIRCUMSTANCES ......................................................................................63 SECTION 11.03 EVENTS OF DEFAULT OF FRANCHISEE................................................64 SECTION 11.04 EVENT OF DEFAULT BY THE CITY ........................................................67 SECTION 11.05 NO WAIVERS ...............................................................................................68 SECTION 11.06 NO CONSEQUENTIAL OR PUNITIVE DAMAGES .................................68 SECTION 11.07 FORUM FOR DISPUTE RESOLUTION .....................................................68 SECTION 11.08 ADMINISTRATIVE REVIEW OF DISPUTES ...........................................68 SECTION 11.09 CRIMINAL ACTIVITY OF THE FRANCHISEE ........................................68 SECTION 11.10 SUSPENSION OR REVOCATION; DISPUTE RESOLUTION..................69 SECTION 11.11 RIGHT TO TERMINATE .............................................................................69 SECTION 11.12 APPLICABILITY TO PARENT COMPANY AND AFFILIATE ...............70 ARTICLE XII. OTHER AGREEMENTS OF PARTIES ..........................................................70 SECTION 12.01 RELATIONSHIP OF PARTIES ....................................................................70 SECTION 12.02 ASSIGNMENT AND TRANSFER OF FRANCHISE ..................................71 SECTION 12.03 CHANGE IN FRANCHISE OWNERSHIP OR CONTROL ........................71 SECTION 12.04 EFFECT ON PRIOR AGREEMENTS ..........................................................71 SECTION 12.05 COMPLIANCE WITH LAW ........................................................................71 SECTION 12.06 GOVERNING LAW ......................................................................................72 SECTION 12.07 JURISDICTION .............................................................................................72 SECTION 12.08 BINDING ON SUCCESSORS ......................................................................72 Packet Pg. 129 Attachment: RFP (2652 : Consider Releasing Request for Proposals to Collect Solid Waste, Recyclables, & Organic Waste) South Valley Franchise (02-10-23 draft) iv
SECTION 12.09 PARTIES IN INTEREST ...............................................................................72 SECTION 12.10 WAIVER ........................................................................................................72 SECTION 12.11 FRANCHISEE’S INVESTIGATION ............................................................72 SECTION 12.12 NOTICES .......................................................................................................72 SECTION 12.13 NOTICES OF LITIGATION .........................................................................73 SECTION 12.14 ACTIONS OF THE CITY IN ITS GOVERNMENTAL CAPACITY ..........73 SECTION 12.15 AMENDMENTS ............................................................................................73 SECTION 12.16 INTERPRETATION ......................................................................................73 Appendices
Appendix A – Specifications for Containers and Vehicles Appendix B – Service Fee Schedule
Appendix C – Public Containers and City Facility Locations Appendix D – Public Outreach and Education Information and Requirements Appendix E – Routing and Collection System
Appendix F – Required Insurance Scope and Limits
Appendix G – Form of Performance Bond
Appendix H - Reporting Requirements
Appendix I – Street Sweeping
Appendix J – Annual Service Rate Cap Adjustment Calculations Appendix K – Composition Audits
Packet Pg. 130 Attachment: RFP (2652 : Consider Releasing Request for Proposals to Collect Solid Waste, Recyclables, & Organic Waste) 5 EXCLUSIVE FRANCHISE AGREEMENT FOR

SOLID WASTE, RECYCLABLES, AND ORGANIC WASTE COLLECTION

SERVICES
This Exclusive Franchise Agreement for Solid Waste, Recyclables, and Organic Waste Collection Services (“Agreement”) is made and entered into on this ______day of ________ 20_____, (Agreement Date” or “Franchise Date”) by and between __________________, a political subdivision of the State of California (hereinafter “_____”), and _______________________________ , a California corporation (hereinafter “Franchisee”) for the Collection and Subsequent Transfer, transportation, Recycling, processing and/or Disposal of Solid Waste, Recyclables, and Organic Waste and provision of other related services.

RECITALS
WHEREAS, the Legislature of the State of California, by enactment of the California Integrated Waste Management Act of 1989 (“AB 939”) (California Public Rescources Code Section 40000, et seq.) has established a Solid Waste management process which requires local agencies to implement source reduction, Reuse and Recycling as integrated waste management practices; and WHEREAS, the State of California has found and declared that the amount of Solid Waste generated in California, coupled with diminishing Disposal capacity, interest in minimizing potential environmental impacts from landfills, and the need to conserve natural resources have created an urgent need for State and local agencies to enact and implement an aggressive integrated waste management program. The State has through the enactment of AB 939 and subsequent related legislation including, but not limited to: the Jobs and Recycling Act of 2011 (AB 341), the Event and Venue Recycling Act of 2004 (AB 2176), the Mandatory Commercial Organics Recyling Act of 2014 (AB 1826), and the Short-Lived Climate Pollutants Bill of 2016 (SB 1383), directed the responsible State Agency, and all local agencies to promote a reduction in Landfill Disposal, maximize the use of waste reduction, Re-use, Recycling, and Composting options in order to reduce the amount of material that must be Disposed; and WHEREAS, SB 1383 establishes regulatory requirements for jurisdictions, Generators, haulers, Solid Waste facilities, and other entities to support achievement of State-wide Organic Waste Disposal reduction targets and;
WHEREAS, pursuant to California Public Resources Code section 40059(a)(2) and each City’s Solid Waste and Recycling related Code, the City Council has determined that the public health, safety and well being require that an exclusive Franchise Agreement for Solid Waste, Recyclables, and Organic Waste Collection Services be awarded to a qualified company for the Collection and subsequent transfer, transportation, Recycling, processing and/or Disposal of Solid Waste, Recyclables, and Organic Waste; and
WHEREAS, the Franchisee has demonstrated to the City that it has the experience, responsibility, and qualifications to conduct the services detailed herein for the collection, safe transportation and Processing or Disposal of Franchise Material as described herein; and Packet Pg. 131 Attachment: RFP (2652 : Consider Releasing Request for Proposals to Collect Solid Waste, Recyclables, & Organic Waste) 6 WHEREAS, Franchisee desires to engage in the business of Collecting Solid Waste, Recyclables, and Organic Waste; and
WHEREAS, the City wishes to utilize the Franchisee’s services to offer Solid Waste, Recyclables, and Organic Waste Collection Services to Residents, Multi-Family Dwellings and Commercial Properties. The City therefore grants the Franchisee the franchise described hereinon the terms and conditions established hereby.

AGREEMENT
NOW THEREFORE, in consideration of the promises above stated and the terms, conditions, covenants, and agreements contained herein, the Parties do hereby agree as follows:

Article I.

DEFINITIONS
For purposes of this Agreement, unless a different meaning is clearly required, the words and phrases in this Article shall have the following meanings ascribed to them by this Article and shall be capitalized throughout this Agreement. Where a definition is derived from a State or federal law or regulation, the definition shall be interpreted in accordance with the definition in the State or federal law or regulation as it currently exists or may subsequently be amended.

AB 341 means the Mandatory Commercial Recycling Law, signed into law January 2012 and as defined now and into the future under Division 30 of the Public Resources Code, requiring businesses and multi-family facilities of a certain size waste stream to conduct Recycling onsite through subscribed services or Self-Hauling to achieve an increase in Diversion from landfilling and reduce greenhouse gases.

AB 876 means the Assembly Bill approved by the Governor of the State of California on October 8, 2015, which added Section 418214 to the Public Resources Code, relating to Solid Waste as amended, supplemented, superseded, and replaced from time to time.

AB 901 means the Assembly Bill approved by the Governor of the State of California on October 10, 2015, which amended Section 41821.5 and added Section 41821.6, 41821.7 and 41821.8 to the Public Resources Code relating to Solid Waste, as amended, supplemented, superseded, and replaced from time to time.

AB 939 means the California Integrated Waste Management Act of 1989 (Division 30 of the California Public Resources Code), as amended, supplemented, superseded and replaced from time to time.

AB 1594 means the Assembly Bill approved by the Governor of the State of California on September 28, 2014, which amended Sections 40507 and 41781.3 of the Public Resources Code, relating to Solid Waste, as amended, supplemented, superseded, and replaced from time to time.

Packet Pg. 132 Attachment: RFP (2652 : Consider Releasing Request for Proposals to Collect Solid Waste, Recyclables, & Organic Waste) 7 AB 1826 means the Mandatory Commercial Organics Recycling Law, signed into law October 2014 and as defined now and in the future under Division 30 of the Public Resources Code, requiring businesses of a certain size waste stream and waste profile to Recycle their Organic Wastes.

Affiliate means all businesses (including corporations, limited and general partnerships and sole proprietorships) that are directly or indirectly related to Franchisee by virtue of direct or indirect ownership interest or common management. They shall be deemed to be “Affiliated with” Franchisee and included within the term “Affiliates” as used herein. An Affiliate shall include: (i) a business in which Franchisee has a direct or indirect ownership interest, (ii) a business that has a direct or indirect ownership interest in Franchisee and/or (iii) a business that is also owned, controlled or managed by any business or individual which has a direct or indirect ownership interest in Franchisee. For the purposes of this definition, “ownership” means ownership as defined in the constructive ownership provisions of Section 318(a) of the Internal Revenue Code of 1986, as in effect on the date here, provided that ten percent (10%) shall be substituted for fifty percent (50%) in Section 318(a)(2)(C) and in Section 318(a)(3)(C) thereof; and Section 318(a)(5)(C) shall be disregarded. For purposes of determining ownership under this paragraph and constructive or indirect ownership under Section 318(a), ownership interest of less than ten percent (10%) shall be disregarded, and percentage interests shall be determined on the basis of the percentage of voting interest of value that the ownership interest represents.

Agreement means this exclusive Franchise Agreement for Solid Waste, Recyclables, and Organic Waste Collection services between the City and Franchisee for the Collection and subsequent transfer, transportation, processing, and/or Disposal of Single-Family, Multi-Family Dwelling and Commercial Solid Waste, Recyclables, and Organic Waste and including all exhibits and attachments, and any amendments thereto.

Appendix means an Appendix to this Franchise Agreement, as the same may be amended or modified from time to time in accordance with the terms hereof.

Applicable Law means any law, rule, regulation, requirement, guideline, permit, action, determination or order of any Governmental Body having jurisdiction, applicable from time to time to the Franchise Services; the Franchise Operating Assets; the siting, design, acquisition, permitting, construction, equipping, financing, ownership, possession, shakedown, testing, operation or maintenance of any of the Franchise Operating Assets; or any other transaction or matter contemplated hereby (including any of the foregoing which concern health, safety, fire, environmental protection, labor relations, mitigation monitoring plans, building codes, nondiscrimination and the payment of minimum wages, and further including the Monterey County Integrated Waste Management Plan).

Authority means the Salinas Valley Solid Waste Authority, a Joint Powers Authority consisting of the municipal corporations of the City of Salinas, City of Gonzales, City of Greenfield, City of King, City of Soledad, and the County of Monterey, a political subdivision of the State of California.

Back-Haul means generating and transporting Waste to a destination owned and operated by the Packet Pg. 133 Attachment: RFP (2652 : Consider Releasing Request for Proposals to Collect Solid Waste, Recyclables, & Organic Waste) 8 Generator using the Generator’s own employees and equipment or as otherwise defined in 14 CR Section 18982(a)(66)(A).

Bin means a metal or plastic container with hinged lid(s) and wheels serviced by a front-end loading Collection vehicle with a contained capacity of one (1) to eight (8) cubic yards, including Bins with Compactors attached to increase the capacity of the Bin. Bins are also knowns as dumpsters.

Blue Container has the same meaning as in 14 CCR Section 18982.2(a)(5) and shall be used for the purpose of storage and Collection of Source Separated Recyclable Materials.

Bulky Items means large and small household appliances, furniture, tires, carpets, mattresses and similar large items that require special collection due to their size or nature, but can be collected without the assistance of special loading equipment. Bulky Items do not include items herein defined as Exempt Waste or Construction and Demolition Debris. Any Bulky Items containing chloroflourocarbon (CFC) refrigerants shall be handled in accordance with Applicable law.

Business Day(s) means day during which the City’s offices are open to do business with the public.

California Code of Regulations (CCR) means the State of California Code of Regulations. For example, references to 14CCR refer to Title 14 of the California Code of Regulations.

Cart means a plastic wheeled Container with a hinged lid and wheels serviced by automated or semi-automated Collection vehicles and with a Container capacity of no less than twenty (20) gallons and no greater than ninety-six (96) gallons.

Change in Law means any of the following events or conditions that have a material and adverse effect on the performance by the Parties of their respective obligations under this Agreement:

1. The enactment, adoption, promulgation, issuance, modification, or written change in administrative or judicial interpretation of any Applicable Law on or after the Effective Date; or,

2. The order or judgment of any Governmental Body, on or after the Effective Date, to the extent such order or judgment is not the result of willful or negligent action, error or omission or lack of reasonable diligence of the City or of the Franchisee, whichever is asserting the occurrence of a Change in Law; provided, however, that the contesting in good faith or the failure in good faith to contest any such order or judgment shall not constitute or be construed as such a willful or negligent action, error or omission or lack of reasonable diligence.

City or Cities means, individually or together, the City of King City, the City of Gonzales, the City of Soledad, and the City of Greenfield, each one a political subdivision of the State of California.

City Facility means any building, park, rights of way or other site owned, leased or used regularly and significantly by employees, citizens, or contractors of the City.

Packet Pg. 134 Attachment: RFP (2652 : Consider Releasing Request for Proposals to Collect Solid Waste, Recyclables, & Organic Waste) 9 City Indemnified Parties has the meaning specified in Section 10.01 hereof.

City Manager means the City Manager of the City or his/her designee.

Collect/Collection means the act of taking physical possession of Discarded Materials, whether by, manual, semi-automated or automated means, and transporting the Discarded Materials to an approved Designated Facility for processing, transfer, or Disposal.

Commercial means from or pertaining to a business, including but not limited to partnership, proprietorship, joint stock company, corporation or association that is organized as a for-profit, nonprofit entity, strip mall, industrial facility, Multiple-Family Dwelling, institutional facility, hospital facility, school, retail, office or other Commercial enterprise offering goods or services to the publc excluding businesses conducted upon any Residential Premises as defined in 14 CCR Section 18982(a)(6).

Commercial Edible Food Generators includes Tier One Commercial Edible Food Generators and Tier Two Commerical Edible Food Generators, or as otherwise defined in 14 CCR Section 18982(a)(7). For purposes of this defintion, Food Recovery Organizations and Food Recovery Services are not Commercial Edible Food Generators, or as otherwise specified in 14 CCR Section 18982(a)(7).

Commercial Premises means any building or site in the Franchise Area, other than a Residential or Multiple-Family Dwelling Premises, from which any business, service, non-profit, governmental, institutional, Commercial or industrial activity is conducted, including without limitation motels, hotels, recreational vehicle parks, restaurants, professional offices, clubhouses, places of entertainment, manufacturing plants, and private schools.

Compactor means a machine or device designed to compress, reduce, and compact a variety of materials through hydraulic, mechanical, or pneumatic force.

Composting means the controlled biological decomposition of Organic Solid Wastes that are Source Separated from the municipal Solid Waste stream, or which are separated at a centralized facility.

Compostable Plastic means plastic materials that meet the ASTM D6400 standard for compostability, or otherwise described in 14 CCR Section 1894.1(a)(1)(A) or 189484.2(a)(1)(C).

Construction and Demolition Debris (C&D) means Recyclable and non-Recyclable waste building materials, packaging and rubble resulting from construction, remodeling, repair and demolition operations on pavements, houses, Commercial buildings and other structures, and includes Mixed Waste. (California Code of Regulations, Section 20150-20164. Article 1-2.

Chapter 2. Title 27).

Containers mean a receptacle for temporary storage of Discarded Materials. Containers can include Bins, Carts, Drop-Box/Roll-Off Boxes, Compactors or other storage instruments for the use of collection for Solid Waste, Recyclables, Yard Waste, and/or Food Waste as specified in Packet Pg. 135 Attachment: RFP (2652 : Consider Releasing Request for Proposals to Collect Solid Waste, Recyclables, & Organic Waste) 10 Appendix A.

Cost Indicator means the consumer index or change in rate for services to process Franchise Materials used to adjust Rate Components annually as defined in Article 9.

Customer means any person to whom the Franchisee or City submits its billing invoice to and collects payment from for Collection services provided to the Premises. The Customer is not necessarily the owner of the Premises and may be either the person who occupies the Premises or the owner of the Premises.

Customer Rate Caps or Rates means the maximum rates or charges that can be billed by the Franchisee and paid by the Customers for collection, processing, transportation, disposal and other related services received under the Franchise, and as shown in Appendix B and as adjusted annually according to Section 7 of the Franchise.

Designated Facility(s) means any one of or any combination of the: Designated C&D Processing Facility; Designated Disposal Facility; Designated Organic Materials Processing Facility; Designated Recyclable Materials Processing Facility; and/or Designated Transfer Station.

Designated C&D Processing Facility means the Johnson Canyon Landfill located at 31400 Johnson Canyon Road, Gonzales, CA.

Designated Disposal Facility means the Johnson Canyon Landfill located at 31400 Johnson Canyon Road, Gonzales, CA.

Designated Organic Waste Processing Facility means the Johnson Canyon Landfill’s Composting Facility located at 31400 Johnson Canyon Road, Gonzales, CA.

Designated Recyclable Materials Processing Facility means the ______________________ located at ______________________________.

Designated Transfer Station means the Jolon Road Transfer Station located at 52654 Jolon Road, King City, CA.

Discarded Materials means Solid Waste, except Edible Food that is recovered for human consumption and is not discarded. For the purposes of this Agreement, Discarded Materials include Source Separated Recycleable Materials, Organic Waste, Food Waste, Gray Container Waste or Mixed Waste and C&D once the materials have been placed in Containers for Collection.

Disposal means the ultimate disposition of unprocessed Solid Waste intended for Disposal and Residue.

Disposal Fees means the fees established by the Designated Facilities collected by the Franchisee to provide for payment to the Designated Transfer, Processing or Disposal Facilities for the purpose of handling, processing and Disposal of Franchise Materials. Franchisee is responsible for collecting Disposal Fees adequate to cover Designated Transfer, Processing, or Disposal Site’s Packet Pg. 136 Attachment: RFP (2652 : Consider Releasing Request for Proposals to Collect Solid Waste, Recyclables, & Organic Waste) 11 published costs of handling, processing, and Disposal during each Franchise Year, including but not limited to landfill Disposal Tip Fees, green waste or organics processing fees, and AB 939 fees.

Divert/Diversion means to prevent Recyclables and Organic Materials from Disposal at landfill through Source Reduction, reuse, Recycling, and Composting as provided in AB 939, as may hereafter be amended or superseded.

Drop-Box or Roll-off Box means an open or closed-top metal Container, roll-top Container, or closed Compactor Container serviced by a Roll-Off truck and with a Container capacity of ten (10) to fifty (50) cubic yards.

Edibile Food means food intended for human consumption. For purposes of this Agreement, Edible Food is not Solid Waste if it is recovered and not discarded. Nothing in this Agreement requires or authorizes the recovery of Edible Food that does not meet the food safety requirements of the California Retail Food Code.

Excluded Materials means (1) Hazardous Waste, (2) Medical Waste, (3) Qualified Household Hazardous Waste, (4) Self-Hauled Waste, (5) Infectious Waste, (6) toxic substances or material that Designated Facility operator reasonably believes to be in violation of state, local, or federal law (7) corrosive or volatile waste and (8) Excluded Recyclable Materials.

Food Distributor means a company that distributes food to entities including, but not limited to, Supermarkets and grocery stores. Notwithstanding the foregoing, this term shall be defined as in 14 CCR Section 18982.

Food Recovery means actions to collect and distribute food for human consumption which otherwise would be Disposed, or as otherwise defined in 14 CCR Section 18982(a)(24).

Food Recovery Organization means an entity that primarily engages in the collection or receipt of Edible Food from Commercial Edible Food Generators and distributes that Edible Food to the public for Food Recovery either directly or through other entities, including, but not limited to:

1. A food bank as defined in Section 113783 of the Health and Safety Code;

2. A non profit charitable organization as defined in Section 113841 of the Health and Safety Code; and

3. A non profit charitable temporary food facility as defined in Section 113842 of the Health and Safety Code.

Food Recovery Service means a person or entity that collects and transports Edible Food from a Commercial Edible Food Generator to a Food Recovery Organization or other entities for Food Recovery.

Food Scraps means all food such as, but not limted to, fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese and eggshells. Food Scraps excludes fats, oils, and grease when such materials are Source Separated from other Food Scraps.

Packet Pg. 137 Attachment: RFP (2652 : Consider Releasing Request for Proposals to Collect Solid Waste, Recyclables, & Organic Waste) 12 Food Waste means all Source-Separated organic material originally acquired for animal or human consumption, including but not limited to: vegetable waste, fruit waste, grain waste, dairy waste, meat waste, fish waste; and compostable paper.

Franchise Area shall be that geographic area comprising the city limits of King City, City of Gonzales, City of Soledad and City Greenfield which may be periodically amended to reflect changes to the geographic limits of each City.

Franchise Fee(s) means the fee(s) paid to the Cities for the exclusive rights granted under this Franchise Agreement in accordance with Section 9.08.

Franchise Materials means materials generated in the Franchise Area, and shall include Solid Waste, Recyclables including Construction and Demolition Materials, and Organic Waste; provided, however, that Franchise Materials shall not include Excluded Materials.

Franchise Services means all of the duties and obligations of the Franchisee hereunder.

Franchise Year means the calendar year beginning on July 1 and ending on the following June 30, except that the first Franchise Year shall begin on the date of execution hereof and end on the following June 30 and the last Franchise Year shall begin on the July 1 preceding the last day of theTerm of this Franchise Agreement and end on such last day of the Term.

Franchisee means , the party that executed this exclusive Franchise Agreement and its Affiliates, DBAs and Sub-Franchisees that perform services on the Franchisee’s behalf.

Franchisee Compensation means the monetary compensation received by the Franchisee in return for providing Collection services in accordance with this Agreement.

Franchisee Operating Assets means all real and personal property of any kind, which is owned, leased, managed or operated by or under contract to the Franchisee for providing the Franchise services, including without limitation, Containers, vehicles, transfer stations, processing facilities, maintenance and storage facilities, administrative facilities, and other equipment, machinery, parts, supplies and tools.

Franchise Services means all of the duties and obligations of the Franchisee hereunder.

Generator means any person whose act or process produces Discarded Materials as defined in the Public Resources Code, or whose act first causes any of these items to become subject to regulation.

Governmental Body means any federal, State, county, city, local or regional legislative, executive, judicial or other governmental board, agency, authority, commission, administration, court or other body, or any officer thereof acting within the scope of his or her authority.

Gray Container has the same meaning as in 14 CCR Section 18982(a)(28) and shall be used for Packet Pg. 138 Attachment: RFP (2652 : Consider Releasing Request for Proposals to Collect Solid Waste, Recyclables, & Organic Waste) 13 the purpose of storage and Collection of Gray Container Waste.

Gray Container Waste means Solid Waste that is collected in a Gray Container that is part of a three-Container Organic Waste Collection service that prohibits the placement of Organic Waste in the Gray Container as specified in 14 CCR Sections 18984.1(a) and (b) or as otherwise defined in 14 CCR Section 17402(a)(6.5).

Green Container has the same meaning as in 14 CCR Section 18982(a)(29) and shall be used for the purpose of storage and Collection of Organic Waste (Yard Waste and Food Waste).

Habitual Contaminator means a Customer that has caused cross-contamination of a receptacle designated for Solid Waste, Recycling, Organic Waste or Food Waste with an item(s) not specifically designated for that receptacle, or overloading/overfilling of waste Containers on at least three occasions.

Hazardous Substance means any substance by reason of its quality, concentration, composition or physical, chemical or infectious characteristics which may do either of the following: cause, or significantly contribute to, an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness, or pose a substantial threat or potential hazard to human health or the environment when improperly treated, stored, transported or disposed of or otherwise mismanaged, or (b) any waste which is defined or regulated as a Hazardous Waste, toxic substance, hazardous chemical substance or mixture, or asbestos under Applicable Law, as amended from time to time including, but not limited to:

1. Resource Conversation and Recovery Act and the regulations contained in 40 CFR Parts 260-281;

2. Toxic Substance Control Act (15 U.S.C. Section 2601 et seq.) and the regulations contained in 40 CFR Parts 761-766;

3. California Health and Safety Code, §§ 25115-25117;

4. California Public Resources Code, §40141;

5. Hazardous Materials Transportation Act;

6. Comprehensive Environmental Response, Compensation and Liability Act; and

7. Any future additional or substitute federal, state or local laws pertaining to the identification, treatment, storage or disposal of toxic substances or Hazardous Wastes; and (b) radioactive materials which are source, special nuclear or byproduct material as defined by the Atomic Energy Act of 1954 (42 U.S.C. Section 2011 et al.) and the regulations contained in 10 CFR Part 40.

Hazardous Waste means any waste which meets the definitions set forth in 22 CCR Section 662613.3, et seq. and is required to be manned; or as otherwise defined in 14 CCR Section 17402(a)97). Hazardous Waste includes hazardous Wood Waste, which means wood that falls within the definition of “treated wood’ or “treated Wood Waste” in 22 CCR Section 57386.4, or as otherwise defined in 14 CCR Section 18982(a)(30.5).

Large Event means an event, including, but not limited to, a sporting event or a flea market, that charges an admission price, or is operated by a local agency, and served an average of more than Packet Pg. 139 Attachment: RFP (2652 : Consider Releasing Request for Proposals to Collect Solid Waste, Recyclables, & Organic Waste) 14 2,000 individuals per day of operation of the event, at a location that includes, but is not limited to, a public, nonprofit, or privately owned park, parking lot, golf course, street system or other open space when being used for an event.

Large Venue means a permanent venue facility that annually seats or serves an average of more than 2,000 individuals within the grounds of the facility per day of operation of the venue facility.

For purposes of 14 CCR, Division 7, Chapter 12 and this Agreement, a venue facility includes, but is not limtied to, a public, nonprofit, or privately owned or operated stadium, amphitheater, arena, amusement park, conference or civil center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility. For purposes of 14 CCR Division 7, Chapter 12 and this Agreement, a site under common ownership or control that includes mor than one Large Venue that is continguous with other Large Venues on the site, is a single Large Venue.

Legal Entitlement means all permits, licenses, approvals, authorizations, consents and entitlements of whatever kind and however described which are required under Applicable Law to be obtained or maintained by any person with respect to the Franchise Operating Assets or the performance of any obligation under this Franchise or the matters covered hereby.

Legal Proceeding means every action, suit, litigation, arbitration, administrative proceeding, and other legal or equitable proceeding having a bearing upon this Franchise.

Medical Waste means (a) any waste capable of producing an infection or pertaining to or characterized by the presence of pathogens, including without limitation certain wastes generated by medical practitioners, hospitals, nursing homes, medical testing labs, mortuaries, taxidermists, veterinarians, veterinary hospitals and medical testing labs and (b) any waste which includes animal wastes or parts from slaughterhouses or rendering plants.

Mulch means a layer of material applied on top soil, and, for the purposes of the Agreement, Mulch shall conform with the conditions specified in 14 CCR section 18993.1(f)(4):

1. Meets or exceeds the physical contamination, maximum metal concentration, and pathogen density standard for land application specified in 14 CCR Section 17852(a)(24.5)(A)(1) - (3).

2. Was produced at one or more of the following types of facilities:
a. A compostable material handling operation or facility that is permitted or authorized under 14 CCR Division 7, other than a chipping and grinding operation or facility
b. A transfer/processing facility or transfer/processing operation that is permitted or authorized under 14 CCR, Division 7; or
c. A Solid Waste landfill as defined in PRC Section 40195.1 that is permitted under 27 CCR, Division 2.

Multi-Family Dwelling Customer means any person who subscribes to Multiple-Family Dwelling Service provided by the Franchisee pursuant to this Franchise.

Packet Pg. 140 Attachment: RFP (2652 : Consider Releasing Request for Proposals to Collect Solid Waste, Recyclables, & Organic Waste) 15 Multi-Family Dwelling Premises means any building or structure, or portion thereof used for residential purposes and having five (5) or more distinct living units. Multi-Family Dwelling Premises does not include hotels, motels, or other transient occupancy facilities, which are considered Commercial businesses.

Non-Compostable Paper means paper that is coated in a plastic material that will not breakdown in the Composting process.

Non-Organic Recyclables means non-putrescible and non-hazardous recyclables including, but not limited to bottles, cans, metals, plastics and glass. Non-Organic Recyclables are a subset of Source Separated Recyclable Materials.

Operating Assets means all collection related equipment include trucks, bin or box carriers, carts, bins drop boxes, service vehicles, delivery vehicles, operations and administrative fleet vehicles, maintenance/shop facilities, and administrative offices.

Organic Waste means Solid Wastes containing material orginated from living organisms and their metabolic waste products including, but not limited to food, Yard Waste, organic textiles and carpets, lumber, wood, soiled Paper Products, manure, bisolids, digestate and sludges or otherwise defined under AB 1826.

Paper Products include, but are not limited to, paper janitorial supplies, cartons, wrapping, packaging, file folders, hanging files, corrugated boxes, tissue and toweling or as otherwise defined in 14 CCR Section 18982(a)(51).

Party or Parties refers to the City (ies) and Franchisee, indivdually or together.

Premises means any Residential, Multiple-Family Dwelling, or Commercial Premises.

Prohibited Container Contaminents means the following (1) Discarded Materials placed in the Recyclable Materials Container that are not identified as designated Recyclable Materials or that are not identified as acceptable materials for the City’s Collection program; (2) Discarded Materials placed in the Organic Waste Container that are not identified as designated Organic Waste or that are not identified as acceptable for the City’s Collection program, and (3) Discarded Materials placed in the Solid Waste Container that are acceptable Recyclables and/or acceptable Organic Waste to be placed in collector’s Recyclable Materials and/or Organic Waste Containers; and (4) Excluded Materials placed in any container.

Public Containers means containers designated for the collection of Solid Waste, Recyclable Materials or Recyclables, and Organic Waste at City Facilities or public places as listed in Appendix C.

Putrescible Waste means wastes that are capable of being decomposed by microorganism with sufficient rapidity as to cause nuisances because of odors, gases, or other offensive conditions, and includes materials such as, but not limited to Food Waste, offal, and dead animals.

Notwithstanding the foregoing, this term shall be defined as in 14 CCR Section 18982.

Packet Pg. 141 Attachment: RFP (2652 : Consider Releasing Request for Proposals to Collect Solid Waste, Recyclables, & Organic Waste) 16 Qualified Household Hazardous Waste means waste materials determined by the State Integrated Waste Management Board, the Departmetn of Health Services, the State Water Resources Control Board, or the Air Resources Board to be:

1. Of a nature that they must be listed as hazardous in State statues and regulations;

2. Toxic/ignitiable/corrosive/reactive; and

3. Carcinogenic/mutagenic/teratogenic;
which are discarded from households as opposed to busineses. Qualified Houshold Hazardous Waste shall not include Hazardous Waste.

Rate means the maximum amount, approved by the Cities’ City Council that the Franchisee or City may bill a Customer for providing specified services under this Agreement. A Rate has been established for each indvidiual service level and the initial Rates for Rate Year One are presented in Appendix B. The Rates approved are the maximum Rate that the Franchisee or City may charge a Customer for a particular service level and Franchisee/City may, in its sole discretion charge any amount up to and including the maximum rate approved by the City.

Rate Year means the period from July 1 to June 30 of the following year during the term of this agreement and the period for application of each annual rate adjustment as defined in Article 9.

Recycle, Recycled or Recycling means the process of separating, collecting, sorting, cleaning, treating, reconstituting or otherwise processing materials that are or would otherwise be disposed of in a landfill and returning them to the economic mainstream in the form of raw material for new, reused or reconstituted products which meet the quality standards necessary to be used in the marketplace.

Recyclable Materials or Recyclables include, but are not limited to mixed paper (newspapers, magazines, catalogues, office paper, junk mail, paper bags, envelopes, colored paper, printing and writing paper), cardboard (boxes, paper board, egg cartons, shoe boxes), milk and juice cartons, glass bottles and jars (including clear, brown and green glass), aluminum (beverage containers, clean foil and food containers), steel, tin cans, small scrap metal, plastics #1, #2, and #5 (no polystyrene), clean plastic film when bagged and secured and any other materials mutually agreed by the Parties.

Residential Customer means any person who subscribes to Residential Service provided by the Franchisee pursuant to this Franchise.

Residential Premises means any building in the City used for or designated as a Single or MultiFamily Dwelling, including condominium projects, duplexes, townhouse projects, or mobile home parks, whether such dwelling units are owners occupied. This excludes hotels, motels or other similar Premises.

Residue means materials which remain after processing Franchise Recyclable Materials or Franchise Organic Waste which cannot be recycled, marketed, or otherwise utilized, including but not limited to materials such as rocks, contaminated paper, Putrescible Waste, and other debris.

Packet Pg. 142 Attachment: RFP (2652 : Consider Releasing Request for Proposals to Collect Solid Waste, Recyclables, & Organic Waste) 17 Reuse means the use, in the same, or similar, form as it was produced, of a material which might otherwise be discarded.

Salvageable Material (or Salvaged Material) means an object or material that can be reused again, either for its original purpose or for a similar purpose, without significantly altering the physical form of the object or material.

SB 1383 means Senate Bill 1383 approved by the Governor on September 19, 2016, which added Sections 39730.5, 39730.6, 39730.7 and 39730.8 to the Health and Safety Code, and added Chapter

13.1 (commencing with Section 42652) to Part 3 of Division 30 of the Public Resources Code, establishing methane emissions reduction targets in statewide effort to reduce emissions of shortlived climate pollutants. For purposes of this Agreement, SB 1383 specifically refers to the ShortLived Climate Pollutants: Organic Waste Reduction regulations developed by CalRecycle that created Chapter 12 of 14 CCR and amended portions of regulations of 14 CCR and 27 CCR.

Self-Haul means the infrequent transport of Solid Waste, C&D, Household Hazardous Waste, Recyclables, electronic waste, Organic Waste from a residence or Commercial or industrial business, where the waste is being generated, directly to an authorized landfill, transfer station or processing facility. Transportation of materials must be accomplished by the resident, owner, or Commercial/industrial business entity that generates the waste.

Service Coordinator means City Manager or their designee.

Service Fee means the fees as specified in Section 9.01 and the fee schedules in Appendix B.

Service Fee Schedule means the Service Fee Schedule attached hereto as Appendix B.

Single-Family or Single-Family Dwelling means any Residential Premises with less than five (5) units.

Solid Waste means all Putrescible and non-Putrescible Solid, semisolid, and liquid Wastes, including garbage, trash Refuse, paper, rubbish, ashes, industrial wastes, Construction and Demolition Debris, abandoned materials and part thereof, discarded home and industrial appliances, dewatered, treated or chemically-fixed sewage sludge which is not Hazardous Waste, manure, vegetable or animal solid and semisolid waste, and other discarded Solid and semisolid Wastes. Solid Waste does not include any of the following wastes: Hazardous Wastes as defined in Public Resources Code section 40414; Radioactive Waste, Medical Waste and infectious waste, and Recyclable Materials, Organic Waste, Construction and Demolition Debris, manure and/or Salvageable Materials is such materials have been Source Separated by the Generator for the purpose of Recycling, Composting, Processing, salvage or Reuse.

Source Separated means materials that have been separated for the purpose of collection, such that Recyclable Materials, Organic Wastes, Construction and Demolition Debris, manure and/or Salvageable Materials are separated from Solid Waste for the purposes of collection, Recycling, salvage, reuse and/or Processing.

Packet Pg. 143 Attachment: RFP (2652 : Consider Releasing Request for Proposals to Collect Solid Waste, Recyclables, & Organic Waste) 18 Recyclable Materials means that portion of Discarded Materials (other than Organic Waste) which is separated to be processed and returned to the economic mainstream in the form of raw material for new, reused, or reconstituted products, which meet the quality standards necessary to be used in the marketplace, and that are not landfilled.

State means the State of California.

Supermarket means a full-line, self-service retail store with gross annual sales of two million dollars ($2,000,000), or more and which sells a line of dry grocery, canned goods or nonfood items and some perishable items as defined in 14 CCR Section 18982.

Term means the duration of the Agreement, including extension periods granted, as specified in Article III.

Tier One Commercial Edible Food Generators means a Commercial Edible Food Generator that is one of the following: (a) Supermarket; (b) grocery store with total facility size equal or greater than 10,000 square feet; (c) food service provider; (d) Food Distributor; and (e) wholesale food vendor.

Tier Two Commercial Edible Food Generators means a Commercial Edible Food Generator that is one of the following: (a) restaurant with 250 or more eats, or a total facility size equal to or greater than 5,000 square feet; (b) hotel with an on-site food facility and 200 or more rooms; (c) health facility with an on-site food facility and 100 or more beds; (d) Large Venue; (e) Large Event; (f) a State agency with a cafeteria with 250 or more seats or total cafeteria facility size equal to or greater than 5,000 square feet; (g) a local education agency with an on-site food facility.

Ton means a “short ton” equal to 2,000 pounds.

Uncontrollable Circumstance means only the following acts, events or conditions, whether affecting the Franchise Operating Assets, the City, or the Franchisee, to the extent that it materially and adversely affects the ability of either party to perform any obligation under the Franchise (except for payment obligations), if such act, event or condition is beyond the reasonable control and is not also the result of the willful or negligent act, error or omission or failure to exercise reasonable diligence on the part of the party relying thereon as justification for not performing an obligation or complying with any condition required of such party under this Franchise; provided, however, that the contesting in good faith or the failure in good faith to contest such action or inaction shall not be construed as willful or negligent action or a lack of reasonable diligence of either party:

1. An act of nature (but not including reasonably anticipated weather conditions for the geographic area of the facility), hurricane, landslide, lightning, earthquake, tsunami, fire, explosion, flood, sabotage or similar occurrence, acts of a public enemy, extortion, war, blockade or insurrection, riot or civil disturbance;

2. A Change in Law;

3. The failure of any appropriate Governmental Body or private utility having operational jurisdiction in the area in which the Franchise Operating Assets are Packet Pg. 144 Attachment: RFP (2652 : Consider Releasing Request for Proposals to Collect Solid Waste, Recyclables, & Organic Waste) 19 located to provide and maintain the Designated Disposal Facility, utilities, services, water and sewer lines and power transmission lines to the Franchise Operating Assets, which are required for the performance of the Franchise Services and which directly results in a delay or curtailment of the performance of the Franchise Services;

4. Pre-emption of materials or services by a Governmental Body in connection with a public emergency or any condemnation or other taking by eminent domain of any portion of the Franchise Operating Assets; and

5. Strikes, work stoppages or other labor disputes or disturbances (collectively, “labor disturbances”) occurring with respect to any activity performed or to be performed by the Franchisee or any of the Franchisee’s sub Franchisees or suppliers in connection with the Franchise Operating Assets or the Franchise Services, to the extent labor disturbances do not exceed seven (7) days.

It is specifically understood that none of the following acts or conditions shall constitute Uncontrollable Circumstances:

1. General economic conditions, interest or inflation rates, or currency fluctuation or changes in the cost or availability of fuel, commodities, supplies or equipment;

2. Changes in the financial condition of the City, the Franchisee or any of its Affiliates or any sub-Franchisee affecting their ability to perform their obligations;

3. The consequences of errors, neglect or omissions by the Franchisee, any of its Affiliates or any sub-Franchisee of any tier in the performance of the Franchise Services;

4. The failure of the Franchisee to secure patents or licenses in connection with the technology necessary to perform its obligations hereunder;

5. Union work rules, requirements or demands which have the effect of increasing the number of employees employed in connection with the Franchise Operating Assets or otherwise increase the cost to the Franchisee of operating and maintaining the Franchise Operating Assets or providing the Franchise services;

6. Labor disturbances occurring with respect to any activity performed or to be performed by the Franchisee or any of the Franchisee’s sub-Franchisees or suppliers in connection with the Franchise Operating Assets or the Franchise Services, to the extent labor disturbances exceed seven (7) days;

7. Any failure of any sub-Franchisee or supplier to furnish labor, materials, service or equipment for any reason;

8. Equipment failure;

9. Any impact of prevailing wage law, customs or practices on the Franchisee’s construction or operating costs; or

10. Any act, event or circumstance occurring outside of the State of California.

Wood Waste means dimensional lumber, post-consumer, and other wood products, pallets and tree trunks, all of which are without paint or chemical treatment of any kind. Wood Waste is a subset of Organic Waste.

Packet Pg. 145 Attachment: RFP (2652 : Consider Releasing Request for Proposals to Collect Solid Waste, Recyclables, & Organic Waste) 20 Yard Waste means all tree and plant trimmings, grass cuttings, dead plants, weeds, leaves, branches, and dead trees and similar materials and any other similar materials mutually agreed by the parties; provided, however, that the parties hereto may, from time to time, mutually agree to exclude certain materials from the definition. Yard Waste is a subset of Organic Waste.

Article II.

REPRESENTATIONS AND WARRANTIES OF THE FRANCHISEE
The Franchisee, by acceptance of this Agreement, represents and warrants that:

SECTION 2.01 CORPORATE STATUS
The Franchisee is duly organized and validly existing as a corporation under the laws of the State of California, with full legal right, power and authority to enter into and perform its obligations under this Agreement.

SECTION 2.02 CORPORATE AUTHORIZATION
The Franchisee has the authority to enter into and perform its obligations under this Agreement.

The board of directors of the Franchisee (or the owners/shareholders) have taken all actions required by law, its articles of incorporation, and bylaws to authorize the execution of this Agreement. This Agreement has been duly executed and delivered by the Franchisee and constitutes the legal, valid and binding obligation of the Franchisee, enforceable against the Franchisee. The Person(s) signing this Agreement on behalf of the Franchisee has the authority to do so.

SECTION 2.03 NO CONFLICT
Neither the execution nor the delivery by the Franchisee of this Agreement nor the performance by the Franchisee of its obligations hereunder:

1. Conflicts with, violates or results in a breach of any law or governmental regulations applicable to the Franchisee;

2. Conflicts with, violates or results in a breach of any term or condition of any judgment, decree, agreement (including, without limitation, the certificate of incorporation of the Franchisee) or instrument to which the Franchisee is a party or by which the Franchisee or any of its properties or assets are bound, or constitutes a default under any such judgment, decree, agreement or instrument; or

3. Will result in the creation or imposition of any encumbrance of any nature whatsoever upon any of the properties or assets of the Franchisee.

SECTION 2.04 NO LITIGATION
There is no action, suit or other proceeding as of the Agreement Date, at law or in equity, before Packet Pg. 146 Attachment: RFP (2652 : Consider Releasing Request for Proposals to Collect Solid Waste, Recyclables, & Organic Waste) 21 or by any court or governmental authority, pending or, to the Franchisee’s best knowledge, threatened against the Franchisee which is likely to result in an unfavorable decision, ruling or finding which would materially and adversely affect the validity or enforceability of this Agreement or any such agreement or instrument entered into by the Franchisee in connection with the transactions contemplated hereby, or which would materially and adversely affect the performance by the Franchisee of its obligations hereunder or by the Franchisee under any such other agreement or instrument.

SECTION 2.05 NO LEGAL PROHIBITION
The Franchisee has no knowledge of any Applicable Law in effect on the Agreement Date which would prohibit the performance by the Franchisee of this Agreement and the transactions contemplated hereby.

SECTION 2.06 INFORMATION SUPPLIED BY THE FRANCHISEE
The information supplied by the Franchisee in all submittals made in connection with negotiation and execution of this Agreement is correct and complete in all material respects.

SECTION 2.07 WAIVER OF CERTAIN RIGHTS
The Franchisee hereby:

Waives any right it may possess to contest the legal right, power or authority of the City to enter into and perform this Agreement, including particularly the provisions thereof, providing for the payment of Frnachise Fees, the delivery to the Designated Disposal Facility of Franchise Materials which are not diverted from landfill Disposal, and Franchise Organic Waste to the Designated Processing Facility and agrees to cooperate with and assist the City in supporting the legal validity of and authorization for such provisions in the event of any legal challenge thereto brought or made in any manner by a third party; and
Agrees to observe and comply with the operating rules and regulations established by the Authority with respect to the Designated Disposal/Processing Facility, including without limitation those governing delivery procedures, receiving hours, vehicle and waste inspection, Hazardous Waste screening, litter control and safety measures.

SECTION 2.08 FREE MARKET DECISION
The Franchisee, without constraint and as a free-market business decision in accepting this Agreement, agrees to use the Designated Disposal Facility for Disposal of Franchise Solid Waste and the Designated Processing Facility for processing of Franchise Organic Waste and such decision in no way constitutes a restraint of trade notwithstanding any Change in Law regarding flow control limitations or any definition thereof.

SECTION 2.09 FRANCHISEE INVESTIGATION
Packet Pg. 147 Attachment: RFP (2652 : Consider Releasing Request for Proposals to Collect Solid Waste, Recyclables, & Organic Waste) 22 The Franchisee has made an independent investigation to its satisfaction of matters, conditions, and circumstances relating to its execution and delivery of this Agreement and its obligations hereunder, including the nature and amount of Franchise Materials generated within the City and the source reduction and Recycling programs now in effect or currently planned to be put into effect in the City. The City expressly disclaims any warranties, either express or implied, as to the accuracy or reliability for any particular purpose of any data supplied by the City.

Article III.

TERMS OF AGREEMENT
SECTION 3.01 GRANT AND ACCEPTANCE OF FRANCHISE
A. Pursuant to Public Resource Code Section 40059, the City hereby grants an exclusive franchise, license, and privilege, on the terms and conditions set forth herein, to the Franchisee for the service in the Franchise Area of collecting, transporting, handling, processing and/or disposing of Franchise Materials. By its executed acceptance hereof the Franchisee accepts the franchise, license and privilege so granted by the City on and subject to the terms and conditions contained herein and agrees to perform all of the duties and obligations of a Franchisee thereunder.

Specifically, the Franchisee agrees to provide Franchise Services to any person within the Franchise Area requesting such service, subject to the payment by such person of the Customer Rates no greater than those specified in this Franchise, Appendix B. The Franchisee shall provide residential and Commercial service, as requested by the Customer, per the service specified in this Franchise.

B. Franchise Area. The area with respect to which this Franchise is granted is the Franchise Area.

C. Exceptions to Franchise. The franchise, license, and privilege granted in subsection

3.01.A hereof shall not give the Franchisee any right or responsibility with respect to Excluded Materials or to the materials described below. The granting of this Franchise shall not preclude the categories of materials described below from being delivered to and collected and transported by others, provided that nothing in this Franchise is intended to or shall be construed to excuse any person from any authorization from the City which is otherwise required by law:

1. Materials (materials described in this clause shall constitute “Excluded Recyclable Materials”) which would otherwise constitute Franchise Recyclable Materials, but which are not deposited in Containers provided by the Franchisee, and are (i) collected by youth, civic, or charitable organizations, and private recyclers (without payment or compensation of any type by the Generator of such materials to such collectors) and (ii) comprised of loads at least 90% of each load of which are actually Recycled, and are not deposited in landfills for Disposal;

2. Materials which would otherwise constitute Franchise Materials removed from a Premises by a contractor as an incidental part of a gardening, landscaping, tree trimming, cleaning, maintenance, construction or similar service offered by that contractor rather than as a hauling service;
Packet Pg. 148 Attachment: RFP (2652 : Consider Releasing Request for Proposals to Collect Solid Waste, Recyclables, & Organic Waste) 23 3. Dead animals and animal waste and remains from slaughterhouses or butcher shops;

4. By-products of sewage treatment, including sludge, grit, and screenings;

5. Edible Food that is collected from a Generator by other person(s) such as a person from a Food Recovery Orgnization or Food Recovery Service for the purpose of Food Recovery, regardless of whether the Generator donates, sells or pays a fee to the other person to collect or receive the Edible Food from the Generator.

Further, the provisions of this Franchise shall not preclude or prohibit Cities, or any officer or employee thereof, or any employee of the State of California, or any governmental subdivision thereof, from Collecting, removing, and Disposing of Solid Waste from City or State facilities. In addition, the provisions of this Franchise shall not preclude or prohibit the owner or occupant of any Premises from Collecting, removing, and Disposing of Solid Waste, Recyclables, C&D materials or Organic Waste generated on such Premises.

D. Haulage by Third Parties. This Franchise shall not prohibit haulers of Solid Waste other than Franchise Materials from hauling such waste over City streets in accordance with Applicable Law.

E. Corporation Yard(s) and Customer Service Office (s). The Franchisee shall locate its’ Customer Service Office(s) in a convenient location within the Franchise Area. The Franchisee’s Corporation Yard shall be located at ___________________.

SECTION 3.02 ASSIGNMENT AND TRANSFER OF FRANCHISE
A. Consent of City Required. This Franchise shall not be transferred, sold, pledged, hypothecated, leased, or assigned, nor shall any of the rights or privileges herein be transferred, sold, pledged, hypothecated, leased or assigned, either in whole or in part, nor shall title hereto or thereto, either legal or equitable, or any right, interest, or property herein or therein, pass to or vest in any person, except the Franchisee, either by action or inaction of the Franchisee or by operation of law, without the prior written consent of the City, which may be withheld or delayed in its sole and absolute discretion with or without cause. Any attempt by the Franchisee to effectuate any of the foregoing without the consent of the City shall be null and void. The restrictions in this section shall not apply to transactions between Franchisee and a Franchisee affiliate.

B. Imposition of Conditions. The City may impose conditions and restrictions on any approval it may elect to give of any transaction described in Sections 3.02.A and 3.03 hereof, including without limitation conditions relating to payment of all costs relating to such transfer and an additional fee of $10,000.00 and requiring acceptance of amendments of this Franchise.

SECTION 3.03 CHANGE IN FRANCHISEE OWNERSHIP OR CONTROL
A. Current Ownership and Control. The Franchisee represents that, as of the Franchise Packet Pg. 149 Attachment: RFP (2652 : Consider Releasing Request for Proposals to Collect Solid Waste, Recyclables, & Organic Waste) 24 Date, the voting stock of the Franchisee is owned solely by ___________________________.

B. Maintenance of Corporate Existence. The Franchisee covenants that during the Term of this Franchise it will maintain its corporate existence, will not dissolve or otherwise dispose of all or substantially all of its assets, and will not take any other action which would materially impair the ability of the Franchisee to perform the Franchise Service.

C. Consolidation, Merger, Sale, Transfer and Change in Control. The Franchisee shall not, without the prior written consent of the City which may be withheld or delayed in its sole and absolute discretion, acquire any entity, consolidate with or merge with another entity, or permit one or more other entities to consolidate with or merge into it, which results in loss by the Franchisee of operational or voting control of Franchisee.

D. Transfer of Voting Stock. The City’s prior written consent, which may be withheld or delayed in its sole and absolute discretion, shall be required for the sale or transfer by any means, whether by agreement or by operation of law (including transfers resulting from death, bankruptcy or divorce) of any of the voting stock of the Franchisee, which results in loss by the Franchisee of operational or voting control of Franchisee. The restrictions in this section, as well as subsection (C) above shall not apply to transactions between Franchisee and a Franchisee Affiliate.

SECTION 3.04 PAYMENT OF CERTAIN COSTS BY FRANCHISEE
A. If the Franchisee requests the consent of the City for any transaction described in Section

3.02 or Section 3.03 hereof, the Franchisee shall reimburse the City for all costs and expenses incurred by the City in reviewing, examining, analyzing and acting on the request, including all direct and indirect administrative expenses of the City, consultants and attorney’s fees and expenses. In addition, the Franchisee shall pay a transfer fee in the amount of $10,000.00 as described in Section 3.02.B. Bills shall be supported with evidence of the expense or cost incurred.

The Franchisee shall pay such bills within thirty (30) days of receipt.

B. Reimbursement for Costs of Franchise Procurement and Negotiations. Franchisee shall collectively reimburse the cost of franchise procurement and negotiations for all the involved parties in the amount not-to-exceed $125,000. This one-time reimbursement is due no later than August 31, 2025.

C. Reimbursement for Franchise Administration. On behalf of each Party to this Agreement, the Franchisee shall reimburse the Authority or any designated successor Franchise Administrator(s) an annual sum of $20,000 per Party, and each City $10,000 per Party. This fee is payable no later than August 31, 2025 and no later than August 31st of each succesive Term year of this Agreement. This rate is subject to annual cost adjustments in accordance with the Service Fee adjustment formula in Section 9.05.E.1.

D. SB 1383 Regulatory Reimbursement. The Franchisee shall pay an SB 1383 Regulatory Reimbursement to City each. The amount of the SB 1383 Regulatory Reimbursement shall be Twenty-Five Thousand dollars ($25,000) per Party per year. This fee is payable no later than Packet Pg. 150 Attachment: RFP (2652 : Consider Releasing Request for Proposals to Collect Solid Waste, Recyclables, & Organic Waste) 25 August 31, 2025 and no later than August 31st of each succesive Term year of this Agreement. The City shall use SB 1383 Regulatory Reimbursement to offset expenses including but not limited to, staffing costs related to City programs, pilot studies, education and outreach campaigns, technical assistance to Customers, reporting, compliance, enforcement, or other activities required to comply with SB 1383 Regulations. The City shall retain the sole right to set priorities for use of its SB 1383 Regulatory Reimbursement. This fee shall be considered an allowable cost of business not subject to profit mark-up and included in the Franchisee’s compensation pursuant to Article 9.

SECTION 3.05 EFFECT ON PRIOR AGREEMENTS
The Parties acknowledge that, as of the Franchise Date, the following agreement is in effect between the Cities and the Franchisee:
• _____________________________________ , dated ____________________.

Such agreement will continue in full force and effect through June 30, 2035. On July 1, 2025, which is the date on which the Franchisee is required to commence services pursuant to this Franchise, all such agreements will be superseded by this Franchise, and will be terminated except for the Franchisee’s indemnity provisions for any cause or event occurring in whole or in part prior to the termination date, the Franchisee’s payment obligations to the City and any other obligations of Franchisee to City that have accrued under such agreements prior to the termination date, or any other provisions that the agreements state shall survive termination, all of which together shall survive such termination.

SECTION 3.06 EFFECTIVE DATE AND TERM OF THIS AGREEMENT
The effective date of this Agreement shall be July 1, 2025. The Term of this Agreement shall be ten (10) years beginning with the effective date.

SECTION 3.07 EXTENSION TERM
The Franchisee may request up to two (2) five (5) year term extensions to the Term of this agreement at each City’s sole discretion, for a total Term that does not exceed twenty (20) years.

Any City may grant the Franchisees’ request to extend the term, but under no circumstance is any City(s) required to extend the term. Franchisee must request each five (5) year extension in writing no later than three (3) years prior to the expiration of the then most current approved Term.

SECTION 3.08 NO GUARANTEES OF MATERIAL VOLUME OR COMPOSITION

OF CUSTOMERS
The City does not guarantee the quantity or composition of Discarded Materials that may be available for Collection by the Franchisee for subsequent transfer, transport, Reuse, salvage, Recycle, process, and/or Disposal by the Franchisee during the Term of the Agreement. The parties acknowlege that the quantity and composition of the Discarded Materials may be impacred Packet Pg. 151 Attachment: RFP (2652 : Consider Releasing Request for Proposals to Collect Solid Waste, Recyclables, & Organic Waste) 26 during the Term of the Agreement based on a number of unpredictable factors such as, but not limited to, (1) state of the economy, (2) the number of residents and number of types of businesses, (3) participation level of residents and business in various Diversion programs, (4) rate-setting practices for services, (5) changes in technology, (6) City’s ongoing effort to increase Diversion of Discarded Materials and Food Recovery, (7) impact of SB 1383 and programs implementd as a result of SB 1383 Regulations, (8) impact of new bans or policies on Disposal of materials established by each City and/or State.

Furthermore, each City does not guarantee the number or types of Customers that the Franchisee will have during the Term of the Agreement.

Article IV.

GENERAL AGREEMENT
SECTION 4.01 GRANT OF AGREEMENT
The City hereby grants to Franchisee an exclusive right to engage in the business of Collecting and subsequently transporting, transferring, Reuse, salvage, Recycling, processing and/or Disposing Discarded Materials accumulated or produced in each City and to use the public streets and right-of-ways for such purpose, subject to the limitations in this Agreement.

SECTION 4.02 CITY DESIGNATION OF FACILITIES
The Franchisee, without constraint and as a free-market business decision in accepting this Agreement, agrees to use the Designated Disposal Facility for the purposes of Disposal of all Source Separated Recyclables Materials, Organic Waste Materials, Mixed Waste and/or Gray Container Waste Collected by the Franchisee under the terms of this Agreement. Such decision by the Franchisee is no way constitutes a restraint of trade nothwithstanding any Change in Law regarding flow control limitations or any definition thereof.

SECTION 4.03 COLLECTION LOCATIONS
A. General. The Franchisee is responsible for the Collection of all Franchise Materials placed for Collection in a legal manner at the roadside, or in the event that physical conditions prohibit roadside placement, at a location within a reasonable distance of roadside, visible to the Franchisee. The Franchisee shall immediately notify the Service Coordinator of any condition at or near any Collection location which creates a safety hazard or accessibility problem. In such circumstances, upon authorization by the City Manager, the Franchisee shall arrange with the Customer for a temporary Collection location until the safety hazard or accessibility problem is corrected. The Franchisee shall, where necessary, traverse private roads in order to collect Containers deposited by Customers for Collection; provided, however, that the Franchisee shall not be required to utilize private roads if the owner of such road prohibits the use of such road by the Franchisee or if the owner does not execute a Franchisee-provided release form. The Franchisee shall also provide any other special services reasonably requested by a Customer; provided, however, that the Franchisee shall be entitled to reasonable compensation for providing Packet Pg. 152 Attachment: RFP (2652 : Consider Releasing Request for Proposals to Collect Solid Waste, Recyclables, & Organic Waste) 27 such services, as specified in Appendix B.

B. Enclosures. Where the Collection location is within an enclosure constructed pursuant to the requirements of the City and the Franchisee, the Franchisee shall be responsible for the removal and replacement of all Containers placed therein. The Franchisee shall use sufficient care in the handling of such Containers so as to prevent any damage to the enclosure, the enclosure doors, and adjacent facilities or improvements. The Franchisee shall repair at its own expense and within thirty (30) working days after notification from the Service Coordinator any such enclosure or adjacent facilities or improvements damaged by it. Franchisee fees would apply to such enclosure services.

SECTION 4.04 RATE REGULATION
Pursuant to Public Resources Code section 40059, the City Council shall have power to review and regulate the Franchisee’s fees, Rates and charges upon a finding that the Franchisee is charging unreasonable or excessive fees, Rates or charges, and the City Council shall have the right to specify Customer rate structuring arrangements and/or a relationships between various type of Customer Rates.

Article V.

COLLECTION SERVICES
SECTION 5.01 COLLECTION AND PROCESSING SERVICES
A. Commencement of Service: Commencing on July 1, 2025, the Franchisee shall provide the Franchise Services, as more particularly described below.

B. Overall Performance Obligations. The work to be done by the Franchisee pursant to this Agreement shall include the furnishing of all labor, supervision, equipment, materials, supplies, and all other items necessary to perform all requirements of the Agreement. The enumeration of, and specification requirement, for particular items of labor or equipment shall not relieve the Franchisee of the duty to furnish all others, as may be required.

The scope of services to be performed by the Franchisee pursuant to this Agreement shall be accomplished in the manner so that the residents and businesses receiving services are provided reliaable, courteous and high-quality services at all times. The enumeration of, and specification of requirements for, particular aspects of service quality, shall not relieve Franchisee of the duty of accomplishing all other aspects in the manner generally provided in this Article, whether such aspects are enumerated elsewhere in the Agreement or not.

Franchisee shall not knowingly Collect Blue, Green or Gray Containers that include Prohibited Container Conaminants.

C. Requirements for Parent Company or Affiliates. Upon approval by the City, Franchisee, its parent company, and Affiliates operating under the terms of this Agreement are allowed, at Packet Pg. 153 Attachment: RFP (2652 : Consider Releasing Request for Proposals to Collect Solid Waste, Recyclables, & Organic Waste) 28 their option, to use each entity’s name to comply with the Collection vehicle and Container labeling requirements and may use each entity’s name on any education and outreach materials.

D. Ownership of Discarded Materials. By operation of this Agreement, ownership and the right to possession of all Discarded Materials shall be transferred to the Franchisee from the person discarding the materials once such materials are placed in Containers and properly placed for Collection. If Prohibited Container Contaminents are found in Containers set out for Collection, the materials shall be considered not properly placed for Collection, and Franchisee shall have the right to reject Collection of the contaminated Containers and the ownership of materials shall remain with the person discarding the materials.

SECTION 5.02 RESIDENTIAL THREE CONTAINER SYSTEM
A. General. Commencing on July 1, 2025, Franchisee shall provide a three-Container collection program for the separate Collection of Source Separated Recyclables, Organic Waste and Solid Waste using Containers that comply with Appendix A.

B. Source Separated Recylable Materials (Blue Container). Franchisee shall provide Blue Containers to Customers for Collection of Source Separated Recylable Materials and shall provide Source Separated Recylable Material Collection Services as provided in this Agreement.

Francishee shall transport the Source Separated Recyclable Materials to the Designated Source Separated Recycleable Materials Processing Facility. The Source Separated Recyclable Materials that are accepted for Collection in the Blue Container include (1) non organic Recylables such as aluminum, glass bottles and jars, rigid plastics, tin and bi-metal cans; and (2) Organic Waste such as Paper Products, and printing and writing Papers. The Parties agree that the list of accepted types of Source Separated Recyclable Materials may be added to or removed from the list from time to time by mutual consent or at the sole discretion of the City. Franchisee shall not remove materials to or from the list without the written consent of the City or signed Amendment to this Agreement, and such approval shall not be unreasonably withheld. Prohibited Container Contaminents shall not be collected in the Blue Containers.

C. Organic Waste Collection (Green Container). Franchisee shall provide Green Containers to Customers for Collection of Organic Waste. Franchisee shall trasnport the Organic Waste to the Designated Organic Waste Processing Facility or the Designated Transfer Facility for transfer and transport to Designated Organic Waste Processing Facility.

Organic Wastes that are to be accepted for Collection program may include: (1) Food Scraps, (2) food-soiled paper, (3) Yard Waste, and (4) small pieces or clean, unpainted wood and lumber. The Parties agree that Organic Waste may be added or removed from the list from time to time by mutual consent or at the sole discretion of the City. Franchisee shall not add or remove materials from the list without written consent of the City or signed Amendment to this Agreement, and such approval shall not be unreasonably withheld. Carpets, Non-Compostable paper, textiles and Prohibited Container Contaminents shall not be collected in the Green Containers. Yard trimmings to be accepted in Organic Waste Collection program include: green trimmings, grass, weeds, flowers, leaves, prunings, branches, dead plants, brush, dead trees and other types of Organic Waste resulting from normal yard and landscaping installation, maintenant and removal.

Packet Pg. 154 Attachment: RFP (2652 : Consider Releasing Request for Proposals to Collect Solid Waste, Recyclables, & Organic Waste) 29 The Franchisee shall Collect, process and market all Franchise Organic Waste Collections generated by Residential Customers and delivered for Collection not less than weekly. The Franchisee shall provide, industry standard Containers (as described in Appendix A). The Franchisee shall be responsible for the cost of processing Recyclables at the Designated Processing Facility, and any other applicable surcharges and fees.

D. Solid Waste Collection (Gray Container). Franchisee shall provide Gray Containers to Customers for Collection of Solid Waste, and shall provide Gray Container Waste Collection services as provided in this Agreement. Franchisee shall transport the Gray Container Waste to the approved Designated Disposal Facility. Franchisee may allow certain organic material such as carpets and textiles to be placed in Gray Containers. Prohibited Container Contaminents shall not be Collected in Gray Containers.

The Franchisee shall Collect and deliver to the Designated Disposal Facility, all Franchise Solid Waste generated by Residential Customers and placed curbside for Collection not less than once per week. Collection will be performed with collection vehicles (as described in Appendix A). The Franchisee shall provide industry standard Containers (as described in Appendix A) based on size and service level requested by such Residential Customer. The Franchisee shall be responsible for paying the direct Disposal costs for Solid Waste at the Designated Disposal Facility, and any other applicable surcharges and fees.

E. Used Motor Oil and Filter Collection. Franchisee shall, without charge or additional fees, Collect used motor oil and filters in a sealed container set out curbside by Residential Customers on their normal Collection day. Franchisee shall use the Containers and filter bags provided by the Monterey County Health Department's Used Motor Oil and Filter Recycling Program (Program). Franchisee shall use reasonable business efforts to Recycle used oil and filters collected, with State-authorized recyclers. Franchisee shall not Collect used oil and filters that are contaminated as they constitute Hazardous Waste. Franchisee shall tag any oil and/or filters that are determined to be contaminated, provide an explanation as to why the material(s) are considered contaminated, and provide Residential Customers with directions for the proper Disposal of such material(s). In the event existing State and Monterey County grant funding for this Program is eliminated, both parties agree to negotiate in good faith an adjustment to the Franchisee's Service Fees solely for the loss of this funding source.

F. Curbside Used Battery Collection: Franchisee shall, without charge or additional fees, collect used household batteries in a sealed plastic bag set out curbside by Residential Customers and placed on top of the Blue Container. Franchisee shall provide Customers instructions on how to properly dispose of batteries. Franchisee shall use reasonable business efforts to properly Recycle the Collected batteries.

SECTION 5.03 CONSTRUCTION AND DEMOLITION (C&D) COLLECTION

PROGRAM
Packet Pg. 155 Attachment: RFP (2652 : Consider Releasing Request for Proposals to Collect Solid Waste, Recyclables, & Organic Waste) 30 If requested by a Residential or Commercial Customer, the Franchisee shall provide appropriatesized and designed Containers for Collection of C&D according to the fees specified in Appendix B. Wherever feasible, the Franchisee shall provide Collection services for Source Separated Collection of C&D materials including but not limited to asphalt, concrete, masonry, wood waste and scrap metal. The Collection will be performed with Collection vehicles using Containers provided by the Franchisee (as described in Appendix A). The Franchisee shall bill the Customer directly for this service and shall include both the direct Disposal and or processing costs and applicable surcharges and fees on the entire bill. The Franchisee shall be responsible for paying the direct Disposal costs and surcharges for Drop-box/Roll-off service at the Designated Disposal Facility. The Franchisee shall be responsible for the cost of processing Recyclables at the Designated Processing Facility, and any other applicable surcharges and fees.

SECTION 5.03 USE OF PLASTIC BAGS
Franchisee shall allow Customers and Generators to place and collect bags of Solid Waste in large plastic bags for placement in the Gray Containers. No plastic bags are allowed inside the Blue Containers or Green Containers. Franchisee shall allow Compostable Plastic bags in the Green Container for selected Commercial businesses. . If, at any time during the Term of the Agreement, the Designated Organic Waste Processing Facility can accept plastic bags or can no longer accept Compostable Plastic bags, Franchisee shall notify the City within forty-five 45 days of the Facility’s ablity to accept plastic bags or inability to accept Compostable Plastic bags. The notification shall include a desccription of the reasons that the Facility can accept plastic bags or is no longer able to Process the Compostable Plastic bags and the Franchisee’s proposed plan to assist in the education and outreach to Customers.

SECTION 5.04 SPECIAL SERVICES.

The Franchisee shall provide, without charge or comparison, special manual carry-out services for those Residential Customers who provide proof of long term or permanent disabilityof a permanent household member. Customers shall be required to store Containers in an easy-to-access location as close as feasible to the curbside and not behind a locked door or gate on the property in order to facilitate qualifying manual carry-out services.

SECTION 5.05 MULTI-FAMILY DWELLING AND COMMERCIAL SERVICES A. General. Franchisee shall assist its Multi-Family Dwelling and Commercial Customers in complying with Multi-Family Dwelling and Commercial Diversion service levels and State mandates through provision of education information and technical assistance. For purposes of this Section, “non-compliant Customer” shall mean a Multi-Family Dwelling or Commercial Customer with a Diversion service level ratio that is not adequate to meet State mandates.

B. Containers, Collection and Process . The Franchisee shall provide the number and kind of industry standard Containers, Collect and deliver to the Designated Disposal Facility all Franchise Solid Waste generated by Multi-Family Dwelling and Commercial Customers, as scheduled with such Customers, but not less than once per week or as required by Applicable Law.

The Collection will be performed with collection vehicles using Containers provided by the Packet Pg. 156 Attachment: RFP (2652 : Consider Releasing Request for Proposals to Collect Solid Waste, Recyclables, & Organic Waste) 31 Franchisee (as described in Appendix A). The Franchisee shall be responsible for paying the direct Disposal costs for Solid Waste at the Designated Disposal Facility, and any other applicable surcharges and fees.

The Franchisee shall provide the number and kind of industry standard Containers and Collect, process and market Recyclables generated by Commercial Customers, as scheduled with such Multi-Family Dwelling and Commercial Customers, but not less than once per week. Franchisee shall provide Recycling Container capacity at a minimum equal to the Customer’s selected Solid Waste Collection Container capacity, and once per week Collection services, at no cost to Commercial Customers. Additional Recyclables Container capacity (i.e., the amount exceeding the minimum container capacity above) and/or more than once per week Collection services will be provided according to the Rates in Appendix B. Maximum Rates for added Recycling capacity shall not exceed 30% of the equivalent Customer Rate for the equivalent Container size/frequency for Solid Waste services. Therefore, if a Commercial Customer has one two (2) cubic yard Container for Solid Waste and four (4) cubic yards for Recyclables Collected once per week, it can be charged up to the maximum Rate for the additional two (2) cubic yard Recyclables Container capacity Collected once per week based on thirty pecent 30% of the two (2) cubic yard Solid Waste Collection Rate. The Collection will be performed with Collection vehicles using Containers provided by the Franchisee (as described in Appendix A).

Commercial Recycling Container capacity(s) shall be a minimum of one (1) 64-gallon Recyclables Cart and up to one (1) cubic yard of capacity for Commercial Cart Customers at no additional cost, and a minimum one (1) cubic yard of capacity and up to a capacity equivelent to the subscribed Solid Waste Collection container size for those with Commerical Bin, Drop-box, or Compactor service at no additional cost. The Franchisee shall be responsible for the cost of processing Recyclables at the Designated Processing Facility, and any other applicable surcharges and fees.

The Franchisee shall provide Commercial Organic Waste Collection services to any Customers requesting such service to comply and in accordance with AB 1826. The Franchisee shall Collect and deliver to the Designated Processing Facility all Commerical Organic Waste generated by Multi-Family Dwelling and Commercial Customer at least once per week. The Collection will be performed with Collection vehicles using Containers provided by the Franchisee (as described in Appendix A). The Franchisee shall be responsible for paying the processing costs for Processing Organic Waste at the Designated Processing Facility, and any other applicable surcharges and fees.

C. Outreach Assistance for Customers. Franchisee shall conduct assessments of and outreach to non-compliant Customers to assist such Customers in achieving compliance with the City’s Multi-Family Dwelling and Commercial Diversion service level ratio requirements.

Through its assessments and outreach, Franchisee shall document if the Customer is complying through activities conducted.

SECTION 5.06 DROP-BOX/ROLL-OFF SERVICES
A. General. If requested by a Residential or Commercial Customer, the Franchisee shall provide one-time, short term, on-call or weekly Drop-Box/Roll-Off service according to the fees specified in Appendix B. The Collection will be performed with Collection vehicles using Packet Pg. 157 Attachment: RFP (2652 : Consider Releasing Request for Proposals to Collect Solid Waste, Recyclables, & Organic Waste) 32 Containers provided by the Franchisee (as described in Appendix A). The Franchisee shall bill the Customer directly for this service and shall include both the direct Disposal costs and applicable surcharges and fees on the entire bill. AB 939 Program Fees as described in Section 9.03.E.5 shall only be billed to Customers subscribing to regular weekly services and not included for one-time, short term and on-call Drop-Box/Roll-off Customers. The Franchisee shall be responsible for paying the direct Disposal costs and surcharges for Drop-Box/Roll-Off service at the Designated Disposal Facility. The Franchisee shall be responsible for the cost of processing Recyclables at the Designated Processing Facility, and any other applicable surcharges and fees.

B. Containers, Collection and Process (weekly service with Recycling). The Franchisee shall provide the number and kind of industry standard Drop Box/Roll-Off Containers, Collect and deliver to the Designated Disposal Facility all Franchise Solid Waste generated by Multi-Family Dwelling and Commercial Customers, as scheduled with such Customers, but not less than once per week or as required by Applicable Law. The Collection will be performed with Collection vehicles using Containers provided by the Franchisee (as described in Appendix A). The Franchisee shall be responsible for paying the direct disposal costs for Solid Waste at the Designated Disposal Facility, and any other applicable surcharges and fees.

The Franchisee shall provide the number and kind of industry standard Containers and Collect, process and market Recyclables generated by Multi-Family Dwelling and Commercial Customers, as scheduled with such Multi-Family Dwelling and Commercial Customers, but not less than once per week. Franchisee shall provide Container capacity at a minimum equal to the Customer’s selected Solid Waste Collection Container capacity, and once per week Collection services, at no cost to Commercial Customers. Additional Recyclables Container capacity (i.e., the amount exceeding the minimum container capacity above) and/or more than once per week Collection services will be provided according to the Rates in Appendix B. Maximum Rates for added Recycling capacity shall not exceed thirty percent (30%) of the equivalent Customer Rate for the equivalent Container size/frequency for Solid Waste services. Therefore, if a Commercial Customer has one ten (10) cubic yard Container for Solid Waste and twenty (20) cubic yards for Recyclables Collected once per week, it can be charged up to the maximum Rate for the additional ten (10) cubic yard Recyclables Container capacity Collected once per week based on thirty percent (30%) of the ten (10) cubic yard Solid Waste Collection Rate. The Collection will be performed with Collection vehicles using Containers provided by the Franchisee (as described in Appendix A). The Franchisee shall be responsible for the cost of processing Recyclables at the Designated Processing Facility, and any other applicable surcharges and fees.

The Franchisee shall provide Commercial Organic Waste Collection services to any Customers requesting such service to comply and in accordance with AB 1826 and SB 1383. The Franchisee shall Collect and deliver to the Designated Processing Facility all Commerical Organics generated by Multi-Family Dwelling and Commercial Customer at least once per week. The Collection will be performed with Collection vehicles using Containers provided by the Franchisee (as described in Appendix A). The Franchisee shall be responsible for paying the processing costs for processing Organic Waste at the Designated Processing Facility, and any other applicable surcharges and fees.

C. Outreach Assistance for Customers. Franchisee shall conduct assessments of and outreach to non-compliant Customers to assist such Customers in achieving compliance with the Packet Pg. 158 Attachment: RFP (2652 : Consider Releasing Request for Proposals to Collect Solid Waste, Recyclables, & Organic Waste) 33 Cities’ Multi-Family Dwelling and Commercial Diversion service level ratio requirements.

Through its assessments and outreach, Franchisee shall document if the Customer is complying through activities conducted.

SECTION 5.07 ANNUAL CITY CLEANUP AND BULKY ITEMS
Franchisee shall undertake an “Annual City Cleanup” program and offer up to three (3) cleanup days per Franchise Year to each City on the days designated by the City Manager. Franchisee shall provide up to five (5) 40-cubic yard Collection Containers to be placed at a location or locations designated by each City Manager and agreed upon by Franchisee, for the collection of all Franchise Materials and Bulky Items by any Residential or Multi-Family Dwelling Customer during each one-day cleanup event. The Franchisee will work with each City Manager to coordinate the cleanup event days at least one month in advance, and will be responsible for advertising the events at least two weeks in advance, and will notify all Customers regarding the specific date for collection and allowable materials in accordance with Appendix D. The location will be monitored by City Staff and each Container will be removed and dumped at the end of the event. All materials will be delivered to the Designated Disposal/Processing Facility.

In addition to the foregoing, the Franchisee shall work with each City Manager to assist in coordinating volunteers, provide Collection Containers and establish a time and coordinate community volunteer effort for the removal of litter and debris from designated public rights-ofway listed in Appendix C. This is to be done twice annually for a maximum of two (2) miles of roadway.

The Franchisee shall also Collect up to three (3) Bulky Items curbside at each Customer Premises from Residential, Multi-Family Dwelling, and Commercial Customers in accordance with this Section at the Rates specified in Appendix B. To arrange for a Bulky Item pickup, a Customer must call the Franchisee Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m. to arrange for a mutually acceptable time and day for the Collection of said material. The Franchisee shall then pick up the material at the agreed upon day and time. Unless otherwise agreed by the Customer, this day and time shall be within the week following the date when the Customer first called for this service.

SECTION 5.08 CITY SERVICES
A. City Facilities. The Franchisee shall, without charge or compensation, collect Franchise Solid Waste, Organic Waste, and Recyclable Materials from all City Facilities located within the boundaries of the City and identified in Appendix C.

B. Public Containers for Solid Waste, Organic Waste, and Recycling. The Franchisee shall, without charge or compensation, collect Solid Waste, Organic Waste and Recyclables from public Solid Waste Containers, Organic Waste Containers, and Recycling Containers located at city centers, downtowns, parks and other City Facility locations identified in Appendix C. Such locations and schedule may be modified from time to time by the City Manager, provided that Franchisee is compensated for its additional costs.

Packet Pg. 159 Attachment: RFP (2652 : Consider Releasing Request for Proposals to Collect Solid Waste, Recyclables, & Organic Waste) 34 C. Illegal Dumping Abatement. Upon request of the City Manager, the Franchisee shall within two (2) normal Business Days Collect and remove from City streets, alleys, parks and other public areas which are located within Franchise Area, Bulky Items identified by the City Manager in any volume which has been unlawfully abandoned or discarded. This service shall be limited to (a) one event per month of up to four (4) cubic yards in volume per event, (b) locations which are along a normal Franchisee route (any material off the normal route will be charged in accordance with Appendix B), and (c) locations and material which is safe for the driver to access and Collect. For any such Collection the Franchisee shall receive compensation from the City on the basis of time and materials at Rates as approved by the City Manager. The Franchisee shall create a specific work order in response to each call received by the City Manager with a monthly "Summary of Unlawfully Discarded Solid Waste Work Order Completed." The summary shall include, but not be limited to, the date, time, hours spent, and type of unlawfully discarded Solid Waste Collected and disposed of.

SECTION 5.09 SPECIAL EVENTS AND SERVICES
A. General. The Franchisee shall provide adequately sized Containers for the Disposal of Solid Waste, Recyclable Materials, and Organic Waste at up to six (6) special events per Franchise Year for each City, which are identified in Appendix C, at no additional charge to the event or City per year. The Franchisee shall provide for each special event, without charge or additional fees, up to two (2) thirty (30)-yard Containers for the Disposal of Solid Waste, two (2) thirty (30)-yard Containers for the Collection of Recyclables, and appropriately sized Collection Containers for Organic Waste and Food Waste (if applicable). The Franchisee may provide service for additional events at the City-approved Rate. The Franchisee shall provide the special event services to the other events that are sponsored by the City upon thirty (30) calendar days’ advance notice by the City Manager.

B. Event Collection Stations. Franchisee shall provide and set-up event Collection stations for Collection of Source Separated Recyclable Materials, Organic Waste and Gray Container Waste at City-sponsored special events. Each event Collections station shall include a separate Cart for each Source of Separated Recyclable Materials, Organic Waste, and Gray Container Waste, as appropriate. Franchisee shall provide a sufficient number of event Collection stations to meet the capacity needs of the event determined by the Franchisee in cooperation with the event organizer.

C. Collection Station Monitors. Upon request, Franchisee shall provide up to two (2) Collection station monitors who shall be present for the duration of each special event. Franchisee shall require Collection station monitors to monitor event Collection stations and educate event attendees and vendors about what materials are acceptable in each Collection station Cart. The Franchisee shall deliver Drop-boxes to specified sites. The City shall be responsible for Transporting materials contained in event Collection stations to Drop-Boxes, which will subsequently be collected by the Franchisee. Station monitors will also sort materials both at the Collection stations and at the Drop-Boxes to ensure that they are properly separated. The Franchisee shall not be responsible for paying for the Disposal costs relating to the Franchise Solid Waste collected pursuant to this provision; provided, however, the Franchisee will bear the costs of processing and marketing the Franchise Recyclable and Organic Waste Materials.

Packet Pg. 160 Attachment: RFP (2652 : Consider Releasing Request for Proposals to Collect Solid Waste, Recyclables, & Organic Waste) 35 D. Reporting. Within fourteen (14) calendar days of the end of the event, Franchisee shall submit a report to the City Manager and event organizer. The report should include, at a minimum, the number of event collection stations deployed at the event, the number of Collection station monitors, the Tonnage of each material type Collected, and a description of the public education provided at the event.

E. Coordination with Others. The Franchisee may, at its sole discretion and expense, coordinate with local youth, community or charitable organizations to provide some or all of the required services. If Franchisee elects to use such an organization, Franchisee shall be responsible for ensuring that service is provided to the Customer in a professional and timely manner.

F. Service to Additional Special Events. For special events that are not identified in Appendix C or otherwise hosted or sponsored by the City, the Franchisee shall provide the abovedescribed services at the request of the event organizer and may negotiate the charges for such services with the event organizer based on the specific needs of the event.

G. Annual Holiday Tree Recycling Collection. Annually, commencing on December 26 and ending the third Saturday in January, the Franchisee shall collect holiday trees from Residential and Multi-Family Dwelling Premises. Residential Customers are required to place the holiday trees curbside on the scheduled Collection Day for Solid Waste. Holiday trees must be cut into lengths no longer than six feet (6’), be free of ornaments, garlands, tinsel and flocking, and stands must be removed. Holiday trees from Multi-Family Dwelling Premises will be Collected on Customer’s normal Collection days at Customer’s Collection location for Solid Waste. In addition, Franchisee will provide one (1) Drop-box for Collection of holiday trees at a location designated by the City Manager for each City.

Franchisee shall deliver the Collected holiday trees to an appropriate facility for processing. This annual service shall be provided at no additional charge.

H. Home Composting Bin Distribution. Franchisee shall notify Residential Customers at least twice each Franchise Year, in accordance with Appendix D, that Franchisee is offering Composting bins for sale to Customers at a specified cost and location within the City.

Franchisee shall charge no more than Franchisee’s direct costs of purchasing the bins and the surcharge, if any, for handling, storage, and/or delivery as specified in Appendix B. Franchisee shall purchase bins approved by City or its designee. Franchisee shall maintain records of number of bins purchased, sold, and inventoried in accordance with Appendix H.

I. Street Sweeping. The Cities may, at their discretion, instruct the Franchisee to provide street sweeping, in accordance with the provisions of this section and Appendix I. If any of the Cities determine that street sweeping is necessary to address litter abatement associated with the Collection of Solid Waste, the Franchisee shall, without charge or compensation, provide weekly street sweeping services for each City on the first working day following each Residential Collection route and once per week following the first full Commercial Collection route of each week. If additional street sweeping services are required by any of the Cities, each City may negotiate an independent contract to compensate the Franchisee.

Packet Pg. 161 Attachment: RFP (2652 : Consider Releasing Request for Proposals to Collect Solid Waste, Recyclables, & Organic Waste) 36 It is further agreed that upon request for street sweeping services, the Cities, shall provide the Franchisee one-hundred twenty (120) days’ written notice to allow the Franchisee adequate time to procure additional staffing and/or equipment, if necessary.

SECTION 5.10 COLLECTION SERVICE OPERATING REQUIREMENTS
A. Collection Routes. The Franchisee shall establish and maintain Collection routes in such manner as to provide for the uniform and efficient Collection of Franchise Materials from all Residential Customers on a Monday-through-Friday basis and Multi-Family Dwelling and Commercial Customers on a Monday-through-Saturday basis. The Franchisee shall not schedule Franchise Materials Collection on Sundays, except as authorized by the City Manager. For all Residential Customers and Commercial Customers who require more than one (1) Collection per week, the Franchisee shall schedule Collections at appropriately spaced intervals throughout the work week, or as requested by the Customer and approved by the City Manager.

B. Collection Schedule Revisions. The Franchisee may request the City to approve any revision to the Collection schedule which the Franchisee may propose. City approval of any such request will not be unreasonably withheld or delayed. Upon such direction or approval by the City, the Franchisee shall notify all affected Customers at least seven (7) days prior to implementing the revision.

C. Route Books and Maps. The Franchisee shall prepare route books and maps for each route, which outline specific routing information regarding the daily collection of Franchise Materials.

The route books shall be kept current and made available to the City Manager or his/her Service Coordinator for inspection and copying. A copy of the route maps shall be provided to the City Manager a minimum of two (2) weeks prior to implementation of each new route. Revised copies shall also be provided to the City Manager whenever the routes are revised.

D. Hours of Service. Except for special pickups, collecting missed pickups, or due to emergencies, the Franchisee shall schedule no Collections from any Customer earlier than 5:00 a.m., or later than 5:00 p.m. Monday through Friday and earlier than 8:00 a.m. or later than 5:00 p.m. on Saturdays (except during Holiday Collection Schedule, Annual City Cleanup events, or Special Events). In addition, the Franchisee shall use reasonable efforts to revise Collection routes to address noise complaints.

E. Holidays. Collection of Franchise Materials shall not be required on the following legal holidays: New Year’s Day, Independence Day, Thanksgiving Day and Christmas Day, except in case of emergency or as otherwise required by the City Manager. (The Franchisee acknowledges that the Designated Disposal and Processing Facilities are not open on those days.) Whenever a regular Collection falls on such a holiday, the collection shall be made on the following working day, and Collections shall become current within one (1) week thereafter.

SECTION 5.11 COLLECTION LOCATIONS
A. General. The Franchisee is responsible for the Collection of all Franchise Materials placed Packet Pg. 162 Attachment: RFP (2652 : Consider Releasing Request for Proposals to Collect Solid Waste, Recyclables, & Organic Waste) 37 for Collection in a legal manner at the roadside, or in the event that physical conditions prohibit roadside placement, at a location within a reasonable distance of roadside, visible to the Franchisee. The Franchisee shall immediately notify the Service Coordinator of any condition at or near any Collection location which creates a safety hazard or accessibility problem. In such circumstances, upon authorization by the City Manager, the Franchisee shall arrange with the Customer for a temporary Collection location until the safety hazard or accessibility problem is corrected. The Franchisee shall, where necessary, traverse private roads in order to collect Containers deposited by Customers for Collection; provided, however, that the Franchisee shall not be required to utilize private roads if the owner of such road prohibits the use of such road by the Franchisee or if the owner does not execute a Franchisee-provided release form. The Franchisee shall also provide any other special services reasonably requested by a Customer; provided, however, that the Franchisee shall be entitled to reasonable compensation for providing such services, as specified in Appendix B.

B. Enclosures. Where the Collection location is within an enclosure constructed pursuant to the requirements of the City and the Franchisee, the Franchisee shall be responsible for the removal and replacement of all Containers placed therein. The Franchisee shall use sufficient care in the handling of such Containers so as to prevent any damage to the enclosure, the enclosure doors, and adjacent facilities or improvements. The Franchisee shall repair at its own expense and within thirty (30) working days after notification from the Service Coordinator or Customer any such enclosure or adjacent facilities or improvements damaged by it. Franchisee fees would apply to such enclosure services.

C. Improper Loading and Placement of Containers. All Containers are to be Collected at the curbside and dumped with a fully automated lifting mechanism. The Franchisee shall Collect any Franchise Material that is properly loaded into the correct container. When Franchisee encounters Containers that are over-loaded/over-filled (too heavy to safely lift or lid does not sit flush with Container body) that could result in spillage or damage, or any Container where Franchise Materials will, of its own weight, fall out when emptied, Franchisee may empty the Container and charge an overage fee as set forth in Appendix B, or it may choose not to empty the Container and to tag it. The Franchisee shall clean up any spillage as a result of emptying overloaded Containers and shall also report the overage charges to the City or the Authority Per Appendix B.

D. Authorized Non-Collection of Certain Waste. The Franchisee shall not be required to collect Excluded Materials.

E. Record of Non-Collection. When any Franchise Material deposited for Collection is not Collected by the Franchisee, the Franchisee shall leave a tag indicating the reasons for such nonCollection and the toll-free phone number of the Franchisee at which the Customer can inquire as to the circumstances relating to the non-collection. This information shall either be in writing or by means of a checkmark on a form tag. The Franchisee shall maintain, at its place of business, a logbook listing all such circumstances in which collection is denied. The logbook shall contain the names of the Premises involved, the date of such tagging, the reason for non-Collection, and the date and manner of disposition of each case. The log shall be kept so that it may be conveniently inspected by the Service Coordinator upon request. The log relating to any particular tagging shall Packet Pg. 163 Attachment: RFP (2652 : Consider Releasing Request for Proposals to Collect Solid Waste, Recyclables, & Organic Waste) 38 be retained for a period of two (2) years following such tagging.

F. Fees and Gratuities. The Franchisee shall not, nor shall it permit any agent, employee or sub-Franchisee employed by it, to request, solicit, demand or accept, either directly or indirectly, any compensation or gratuity for the Collection of Franchise Materials or other Franchise Services, except such compensation as is specifically provided for herein.

Article VI.

OTHER RELATED SERVICES
SECTION 6.01 TRANSFER, PROCESSING AND DISPOSAL
A. Designation of Facilities. Franchisee shall transport all Discarded Materials Collected in accordance with this Agreement to the Designated Facilities appropriate for each type of Discarded Materials. Once Collected materials are deposited by Franchisee at the appropriate Designated Facilities(s) ownership of such materials shall transfer from the Franchisee to the owner of the Facility operator of the Designated Facility(s), subject to the provision/limitations of that Designated Facility or contract. The Franchisee is not responsible for providing transfer, processing, or Disposal services unless otherwise provided herein. The initial Designated Disposal and Organic Waste Processing Facility shall be the Johnson Canyon Landfill, or the Jolon Road Transfer Station owned by the Authority. The City shall notify the Franchisee in writing of any changes in or additions to the Designated Disposal and/or Processing Facilities. The Franchisee shall transport and Dispose of all Franchise Materials which it collects but does not Divert from landfill Disposal at the Designated Disposal Facility and shall transport and deliver all Franchise Organic Waste which it collects to the Designated Processing Facility in accordance with the requirements of Applicable Law, and shall comply with the requirements, rules and regulations of the owner or operator of the Designated Disposal and Processing Facilities. The Franchisee agrees that it shall not Dispose of Franchise Recyclable Materials or Franchise Yard Waste and/or Food Waste at any Disposal Facility, through any other type of Disposal or, in the case of Recyclable Materials, through incineration, except as may be required in emergencies resulting from Uncontrollable Circumstances with the prior written approval of the City Manager.

B. Use of Alternative Facilities. The City may designate an alternative facility for Franchisee’s use for a short or extended period. Such a change shall be considered a jurisdictional directed change in scope and handled in accordance with such provisions in the Agreement. If a City-imposed change to the Disposal location results in longer travel time and/or fuel usage by Franchisee, Service Fees shall be adjusted such that Franchisee will recover all its additional Franchisee expenses.

C. Payment of Facility Tipping Fees. Franchisee shall pay all tipping fees, Residue surcharges, contamination processing fees, and other costs charged by Facility operator(s) of Designated Facility(s) for acceptance and transfer, processing, and/or Disposal of Source Separated Recyclable Materials, Organic Waste, and Solid Waste/Gray Container Waste collected in accordance with this Agreement. Franchisee shall receive compensation for transfer and processing costs in accordance with Article 9.

Packet Pg. 164 Attachment: RFP (2652 : Consider Releasing Request for Proposals to Collect Solid Waste, Recyclables, & Organic Waste) 39 D. Disposal Records: The Franchisee shall keep and maintain such logs, records, manifest, bills of lading or other documents as the City Manager may deem to be necessary or appropriate to confirm compliance by the Franchisee with this Franchise and shall retain all weight slips or other call information provided to the Franchisee’s drivers by the owner or operator of the Designated Disposal Facility.

E. Solid Waste Origin and Weight Tracking: The Franchisee shall submit monthly tonnage reports which track both Disposal and Diversion generator type. The Franchisee shall work cooperatively with the owner or operator of the Designated Disposal Facility to assure all incoming Solid Waste is recorded and assigned to the Franchise Area or other jurisdiction. The Franchisee shall keep, maintain, and provide the City Manager with a list of all collection vehicles operating within the Franchise Area including each vehicle’s license number, Designated Disposal/Processing Facility, tare number, and general geographic areas of operation and Collection. The Franchisee shall immediately notify the Service Coordinator and owner or operator of the Designated Disposal/Processing Facility in writing when new Collection vehicles are added to the Franchise Area, Collection vehicles are utilized in a different geographic location with the Franchise Area, tare weights are altered due to equipment modifications, Collection vehicles are removed from the Franchise Area, Collection vehicles are used both inside and outside the Franchise Area and Collection vehicles integrate both Franchise and non-Franchise Materials in a single load.

SECTION 6.02 CONTAMINATION MONITORING
A. General. Franchisee must comply with the following contamination monitoring requirements.

B. Container Inspection Methods. Container inspections shall be performed by Franchisee through visual inspection of the contents of the Containers. Franchisee’s personnel shall lift the Container lid and observe the contents. Upon finding Prohibited Container Contaminants in a Container, Franchisee shall follow the contamination noticing procedures and contaminated Container handling protocols set forth below. If Franchisee wants to perform the Collection route reviews using mechanical inspection methods such as use of cameras, Franchisee shall seek approval of its proposed methods from the City Manager.

Commencing on or before July 1, 2025, or the date specified by the City Manager, whichever date is later, vehicles with automated Collection service, the Collection vehicle hopper shall be equipped with a video camera and monitoring system. The Franchisee’s hauler route personnel shall observe, via the hopper video camera and monitoring system, the contents of the Containers as the materials are emptied into the vehicle. Upon finding Prohibited Container Contaminants in a Container. Franchisee shall follow the contamination noticing procedures and contaminated Container Handling protocols set forth below. City reserves the right to review and approve the Franchisee’s contamination monitoring approach to assure the notice of violation is sent to the correct Customer through use of Global Positioning System (GPS) or Customer specific Cart or Bin numbering or bar code system.

Packet Pg. 165 Attachment: RFP (2652 : Consider Releasing Request for Proposals to Collect Solid Waste, Recyclables, & Organic Waste) 40 C. Contamination Noticing. If the Franchisee finds Prohibited Container Contaminants in any Containers (including Containers inspected through the Collection route monitoring program and other Containers where Franchisee’s personnel observed Prohibited Container Contaminants), the Franchisee shall record each event of identification of Prohibited Container Contaminants in a written log or in the on-board computer system including date, time, Customer’s address, type of Container and maintain photographic evidence.

If Franchisee’s employee observes Excluded Waste in an uncollected Container, the Franchisee shall leave instructive contamination notices on the Customer’s Container, gate, or door and/or mail or e-mail the notifications to the Customer indicating the requirements to properly separate materials into the appropriate Containers. The Franchisee shall provide at least one contamination notice to each Customer that states that the Franchisee may charge Customer a contamination fee if contamination is found on subsequent occasions. The format of the contamination notice must be approved by the City Manager. If the Franchisee observes visible contamination in a Recyclables Materials Container or Organic Waste Container, Franchisee may still Dispose of the Container’s contents.

In the event the Franchisee observes Customers with contaminated Recyclables, Organic waste and/or Food Waste (i.e., estimated more than 10% Prohibited Container Contaminants, based on visual inspection), or over-loaded/over-filled Solid Waste Containers, the following action shall be taken:
1st Offense: Customer's Container will be tagged with a contamination notice (including notice as to the type of violation, and that the next offense may result in the financial penalty described in the "2nd Offense" section below) and the contents will not be Collected by Franchisee. There will be no financial penalty to the Customer. Customer will be responsible for removing the Prohibited Container Contaminants from the Container. Franchisee will attempt to service the Container on the next scheduled collection day.
2nd Offense: Customer's Container will be tagged with a contamination notice (including notice as to the type of violation, and that the next offense may result in the Franchisee actions described in the "3rd Offense" section below) and the contents will not be Collected by Franchisee. A financial penalty equal to the cost of an unscheduled extra pick-up as defined in Appendix B, may be charged to the Customer. Customer will be responsible for removing the Prohibited Container Contaminant from the Container.

Franchisee will attempt to service the Container on the following week. 3rd Offense: Should a 3rd Offense occur during a twelve-month period; the Customer is considered a Habitual Contaminator. In such event, the Franchisee is authorized to replace the Customer's Franchise Solid Waste Container with the next larger sized Container available and charge the Customer the authorized Rate for the larger Container.

The Customer designated as a Habitual Contaminator may not apply for downsized of Franchise Solid Waste Container for a minimum of twelve (12) months, and only if they have received no additional Habitual Contamination violations. Customer will be charged delivery fees for Container after the twelve (12) months expire.

Packet Pg. 166 Attachment: RFP (2652 : Consider Releasing Request for Proposals to Collect Solid Waste, Recyclables, & Organic Waste) 41 D. Mailed or Electronic Notification to Multi-Family Dwelling and Commercial Customers. If Franchisee leaves physical contamination notices on three (3) occasions reporting identification of Prohibited Container Contamination on a Multi-Family Dwelling or Commercial Container, gate, or door. Franchisee shall deliver written notification by mail or e-mail to the Customer’s billing contact person providing copies or other forms of notification of the contamination notices issues and dates of issuance.

SECTION 6.03 PUBLIC OUTREACH AND EDUCATION
A. General. In order to promote public education, Franchisee shall create all public education materials and conduct education programs and activities described in this Section at its expense.

B. Program Objectives. Franchisee’s public outreach and education program strategy shall focus on improving Generators’ understanding of the benefits of and opportunities for source reduction, Reuse, and landfill Disposal reduction. It should enhance program participation and maximize Diversion of Recyclables and Organic Waste.

C. Annual Education Plan. The Franchisee shall submit a public outreach and education plan for review and approval of the City sixty (60) days prior to the commencement of services under this Franchise. Annually, the Franchisee shall develop and submit a public education plan to promote the programs performed by the Franchisee. The Franchisee shall work with an appropriate contractor or designated staff approved by the City Manager trained in public relations to provide focused, quality public education and awareness efforts. At a minimum, the public outreach and education plan will include: research and planning, media relations and advertising, video, digital, and radio programming, publications, special events, displays and programs, community presentations, school activities, newsletters, and consumer surveys as further defined in Appendix D. All public outreach and education materials produced by the Franchisee shall be bilingual in both English and Spanish and must be reviewed by the City in advance of distribution.

The plans and budgets for each Franchise Year shall be submitted to the City Manager for approval prior to implementation of such plans, as further defined in Appendix D.

D. Annual Budget. Franchisee shall spend, for the public education and outreach services described in Section 6.03, not less than __________ ($ ) per Franchise Year. The budget shall be adjusted annually thereafter by the same percentage used to adjust Service Fees pursuant to Article

9.02 The Franchisee shall annually provide a detailed description of how such budget will be spent as part of the annual public education plan to be developed. Any unused funds shall be transferred to the City. Any expenditures not approved by the City in advance shall neither be counted in Franchisee’s annual public education and outreach budget, nor be recovered through Rates.

E. Implementation of On-Going Education Requirement. At a minimum, Franchisee shall perform the activities listed below and shall perform these services in a manner that complies with requirements of this Section 6.03 and 14 CCR Division 7, Chapter 12, Article 4.

1. Instruction Service Guide. Franchisee shall prepare instructional service guides that describe available services, how to place Containers for Collection, and which materials should be placed in each Container, and that provides Collection holidays and a Customer service phone Packet Pg. 167 Attachment: RFP (2652 : Consider Releasing Request for Proposals to Collect Solid Waste, Recyclables, & Organic Waste) 42 number. The service guides shall be printed and delivered with each set of Containers distributed to a new Customer and shall be printed and mailed or hand delivered annually during the month of January to all Customers, including Multi-Family Dwelling/Commercial Customers. The instructional service guides for Multi-Family Dwelling/Commercial Customers shall include information on the City’s Multi-Family Dwelling and Commercial Diversion service level requirements. Franchisee shall also make the instructional service guides available to Customers in electronic format through its website.

2. Semi-Annual Notices. Franchisee shall prepare and distribute a notice to any new Customers at the start of the service and to all Customers at least every six (6) months during the months of May and September unless other timeframe is approved by the City Manager. Each notice shall include information on regulations governing Discarded materials, Hazardous Waste, and toxic waste, City and State requirements to properly separate Discarded Materials and instruction on properly separating materials, waste prevention on Premises, Recycling and Organic Waste mangement methods, Self-Haul requirements and benefits of reducing landfill Disposal, Edible Food Recovery requirements, public health and safety concerns associated with the Disposal of Organic Waste, methods of Organic Waste recovery used by the Franchisee, and a link to the Franchisee’s website for more education resources.

3. Commercial/Multi-Family Dwelling Education Materials. A Commercial or MultiFamily Dwelling Customer may request these education materials more frequently than stated above to comply with 14 CCR Section 18984.10 requirements for Commercial Businesses and Multi-Family Dwelling property owners to provide education information to new tenants and employees before or within 45 days of occupation of the Premises.

4. Semi-Annual/Multi-Family Dwelling Unit Notices. At least semi-annually commencing no later than July 1, 2025, or date specified by City Manager, whichever date is later, Franchisee shall prepare and distribute notices to each Multi-Family Dwelling Unit at MultiFamily Premises serviced by Franchisee. The notices shall include information on regulations governing Discarded Materials, Hazardous Waste, and toxic waste, City and State requirements to properly separate Discarded Materials, instructions on proeperly separating materials, waste prevention, services available, a link to the Franchisee’s website for more educational resources, including the intructional service guide and any other information required by the City or State regulations.

5. Billing Inserts. Franchisee agrees to insert and distribute brochures, newletters, or other information developed by the City into Customer invoices at no additional charge to the City.

Upon City’s request, Franchisee shall be responsible for printing the bill inserts.

6. Multi-Family and Commercial Customer Signage. Franchisee shall provide all Multi-Family and Commercial Customers with Recyclable Materials, Organic Waste and Gray Container Waste program guidelines, including posters to be placed in Collection areas and enclosures and other community areas at each Premises or building where Discarded Materials are stored. Franchisee shall be responsible for Prinitng the program guidelines and posters and delivering them to the Customers.

Packet Pg. 168 Attachment: RFP (2652 : Consider Releasing Request for Proposals to Collect Solid Waste, Recyclables, & Organic Waste) 43 7. Educational Materials for Property Owners, Business Owners, and Tenants.

Franchisee shall annually provide property owners and Commercial business owners with public education materials for their distribution to all employees, contractors, tenants and Customers of the properties and businesses. The Franchisee’s public education materials shall include, at a minimum, information about Organic Waste recovery requirements and proper sorting of Discarded Materials.

8. Commercial Edible Food Generator Outreach. On or before July1, 2025 or date specified in 14 CCR Section 18985.2(a), whichever date is later, and annually thereafter, the Franchisee shall create and provide educational outreach material for its Customers that are Tier One and Tier Two Commercial Edible Food Generators. The materials shall include the following information:
a. Information about the City’s Edible Food Recovery Program; b. Information about the Commercial Edible Food Generator requirements, including but not limited to, requirements to 1) recover maximum amount of Edible Food that would otherwise be Disposed, 2) have a contract or written agreement with a Food Recovery Organization or Food Recovery Service, and 3) maintain records under 14 CCR Division 7, Chapter 12, Article 10.
c. Information about Food Recovery Organizations and Food Recovery Services operating within the City and where a list of those Food Recovery Organizations and Food Recovery Services can be found; and d. Information about actions that Commercial Edible Food Generators can take to prevent the creation of Food Waste.

9. Minimum Language Requirements. Franchisee shall comply with the requirements of 14 CCR Section 18985.1 when preparing and distributing education information required by this Section, which may include providing the education information in a language or languages other than English that is spoken by a substantial number of Generators in the City, as determined by the City Manager. Franchisee shall comply with the requirements in this section on or before July 1, 2025, or the date specified in 14 CCR Section 18985.1, whichever is later. Upon City’s request, the Franchisee shall provide materials in additional or alternative langauges throughout the Term of the Agreement if needed in response to shifting demographics within the City, State requirements or Applicable Law or regulations.

10. Minimum Website Requirements. Franchisee shall develop and maintain a website that is specifically dedicated to providing Customers with detailed service information. Franchisee shall make the instructional service guides required above available for viewing and downloading through the Franchisee’s website. In addition to service information, the Franchisee shall include information on the City’s programs, including a link to the City’s Food Recovery program webpage.

11. Records & Reporting. Franchisee shall track and document all education and outreach activities in the count-wide reporting system (currently Recyclist), or an equivalent online, cloud-based system. Franchisee shall provide quarterly updates to Recyclist of customer lists and service levels for reporting purposes. Franchisee shall contribute to each Cities annual Packet Pg. 169 Attachment: RFP (2652 : Consider Releasing Request for Proposals to Collect Solid Waste, Recyclables, & Organic Waste) 44 subscription costs for the online system which currently cost $5,000 annually.

SECTION 6.04 TECHNICAL ASSISTANCE PROGRAM
A. General. No later than thirty (30) days following the effective date of this Agreement, Franchisee shall designate a Recycling Technical Assistance Point of Contact (POC) to its Customers and provide such contact information to the City. If the Franchisee changes the POC, Franchisee shall provide the City notification of the change in POC within thirty (30) days of the change.

B. Technical Assistance Requirements. The POC shall provide technical assistance to Franchisee’s Customers to support Customer compliance with Recycling and Organic Waste Diversion requirements. POC shall provide waste reduction assistance to Single-Family Customers that use one or more Bins for Solid Waste Collections and to its large Commercial and Multi-Family Dwelling Customers. POC shall contact Multi-Family Dwelling and Commercial Customers and provide site visits according to the City’s approved schedule for the purpose of assessing how much Source Separated Recyclables Materials and Organic Waste is being disposed.

SECTION 6.05 FOOD RECOVERY PROGRAM
A. General. Franchisee shall cooperate with and shall not impede, interfere, or attempt to impede or interfere with the implementation, expansion or operation of Food Recovery efforts in the City.

B. Tier One and Tier Two Commercial Edible Food Generators. Franchisee shall assist the City with identfiying Tier One and Tier Two Commercial Edible Food Generators for the purpose of the Food Recovery program. Franchisee shall provide the City with a list of Commercial Customers that qualify or appear to qualify as Tier One or Tier Two Commercial Edible Food Generators, as defined by this Agreement.

C. Food Recovery Capacity Planning Assistance. Franchisee shall perform annual examinations of Commercial Collection routes to identify Commercial Customers that generate Edible Food and estimate the potential quantities of Edible Food that may be recovered and report findings to the City annually. The findings shall include the number of Commercial Edible Food Generator Customers participating in a Food Recovery program, the number of Commercial Edible Food Generator Customers not participataing in a Food Recovery program, and the reasons for participation or non-participation if gathered during review.

D. Website Content. No later than July 1, 2025, Franchisee shall include Food Recovery program information on the Franchisee’s web site.

SECTION 6.06 BILLING
A. General Billing Requirements.

Packet Pg. 170 Attachment: RFP (2652 : Consider Releasing Request for Proposals to Collect Solid Waste, Recyclables, & Organic Waste) 45 1. Franchisee Responsible. Franchisee shall bill all Customers and be solely responsible for collecting payment from Customers and paying all applicable fees. Billing shall be performed on the basis of services rendered and this Agreement shall create no obligation on the part of any person on the sole basis of ownership of property. Franchisee’s annual cost to provide billing services for each Party to this agreement are included in Appendix B, Service Fee Schedule.

2. City(s) Responsible. Should any City(s), as Parties to this agreement, elect to provide its own billing services, the Franchisee shall reimburse each electing City(s) the amount listed for such services in Appendix B, and such amounts shall be subject to annual cost of living adjustments in accordance with Service Fee adjustments under Section 9.05(C).

Cities electing to provide their own billing services shall be responsible for collecting payments, paying all applicable fees to Designated Facilities and agencies, and remitting all Service Fees and fuel fees to the Franchisee on a monthly basis no later than 30 days after the end of each billing period.

2. Frequency. Franchisee shall bill all Single-Family Residential Customers quarterly in advance of services provided. Franchisee shall bill all Commercial and Multi-Family Dwelling Customers for scheduled and regularly recurring services on a monthly basis in arrears of services provided. Franchisee shall bill Customers for any on-call and/or non-recurring services no more frequently than monthly and shall only bill for services provided during the previous billing period.

3. Bill Format. Franchisee shall bill Customers electronically using paperless invoices. However, Franchisee shall bill Customers who decline or are otherwise unable to provide email contact information by standard mail, using standard paper invoices. Franchisee shall permit Customers the ability to pay their bill through an electronic check or credit card and include the ability for Customer billings to be automatically charged on a recurring basis.

Franchisee shall prepare and mail bills and collect payments from Customers who decline to use such internet-based billing system. Franchisee shall make arrangements to allow Customers to pay bills by cash, check, electronic check, money order and credit card either electronically, by mail, over the phone, or in person.

4. Records. Franchisee shall maintain copies of all billings and receipts, each in chronological order for the Term of this Agreement, for inspection and verification by the City Manager at any reasonable time, but in no case more than fourteen (14) calendar days after receiving a request to do so.

SECTION 6.07 GENERATOR WAIVER PROGRAM COORDINATION
A. General. The City may grant waivers described in this Section to Generators that impact the scope of Franchisee’s provisions of service for those Generators. Waivers issued shall be subject to compliance with 14 CCR Section 18984.11 or other requirements specified by the City Manager.

B. Franchisee Waiver Request on Behalf of Customer. Upon reasonable belief that a Customer may qualify for a wavier allowed by the Cities pursuant to each City’s Code, the Packet Pg. 171 Attachment: RFP (2652 : Consider Releasing Request for Proposals to Collect Solid Waste, Recyclables, & Organic Waste) 46 Franchisee may submit a requeset for the City to grant a waiver to the Customer in accordance with the City’s preapproved application process. The Franchisee shall obtain each Customer’s consent to the waiver application. City will review and approve or deny the waiver request. Upon City’s request, Franchisee may be required to upload each waiver application to a City designated web based software system.

C. Franchisee Review of Customer Waiver Request. Generators may submit requests for de minimus waivers, physical space waivers, on-site Organic Waste management waivers, and Organic Waste Recycling waivers to the City. Upon City request, the Franchisee shall within fifteen (15) days review the waiver application of a Generator if the Generator is a Customer of the Franchisee and, in such a case, shall inspect the Customer(s)’ Premises to verify the accuracy of the application.

D. Franchisee Change in Customer Service Levels. If the City grants a waiver to one of the Franchisee’s Customers, the City shall notify the Franchisee within seven (7) days of the waiver approval with information on the Customer and any changes to service level or service requirements. Franchisee shall have seven (7) days to modify the Customer’s service level and billing statements, as needed.

E. Annual Verification and Record Keeping. Annually, Franchisee shall verify that Customers that have been granted waivers by the City are in compliance with such waivers.

Franchisee will be responsible for maintaing records of all Customers granted waivers pursuant to this Section.

SECTION 6.08 INSPECTION AND ENFORCEMENT
A. Annual Compliance Reviews.

1. General. Franchisee shall perform compliance reviews described in this Section commencing January 1, 2026, and at least annually thereafter, unless otherwise noted.

2. Commercial Generator Compliance Reviews. The Franchisee shall complete a compliance review of all Multi-Family Dwelling and Commercial Customers that generate two (2) cubic yards or more per week of Solid Waste, including Organic Waste, to determine their compliance with (1) Generator requirements under the City’s Solid Waste, Recyclables, and Organic Waste Collection programs; and (2) if applicable for the Generator, Self-Hauling requirements pursuant to 14 CCR Section 18988.3 and each City’s Code, including whether a Multi-Family Dwelling or Commercial business is complying through Back-Hauling, Organic Waste and/or Source Separated Recyclable Materials. The compliance review shall mean a “desk” review of records to determine Customers’ compliance with the above requirements and does not necessarily require an on-site observation of services. However, the City may request that the Franchisee perform an on-site observation of service in addition to or in lieu of the desk review if needed to obtain the required information.

3. Annual Hauler Route Review. Beginning April 1, 2022, and annually thereafter, the Franchisee shall conduct annual hauler route reviews of Commercial, Multi-Family Dwelling Packet Pg. 172 Attachment: RFP (2652 : Consider Releasing Request for Proposals to Collect Solid Waste, Recyclables, & Organic Waste) 47 and Residential Generators for compliance with the City’s Solid Waste, Recyclables, and Organic Waste Collection program and Container Contamination monitoring. These hauler route reviews may be performed concurrently with the contamination monitoring hauler route reviews, provided that the Franchisee documents a reasonable sampling of Generators for which compliance with the City’s Collection program during the hauler route review was assessed.

B. Generator Waiver Inspections. Franchisee shall verify Multi-Family Dwelling and Commercial Generator de minimis and physical space constraint waivers, if applicable, at least once every five (5) years from the date of issuance of the waiver, and verify Collection frequency waivers at least once every _____ ( ) years from date of issuance of waivers.

C. Compliance Review Process.

1. Number of Reviews. The Franchisee shall conduct a sufficient number of compliance reviews, hauler route reviews, and inspection of Generators, to adequately determine the Generators’ overall compliance with SB 1383 regulations, AB 1826, AB 341 and each City’s Code. The number of reviews shall be no less than _____ ( ) in total and/or for each review type and the timeframe, if desired. The City reserves the right to require additional inspections, if the City determines that the number of inspections conducted by the Franchisee is insufficient. The City may require the Franchisee to prioritize inspections of entities that the City determines are more likely to be out of compliance.

2. Non-Compliant Entities. When compliance reviews are performed by the Franchisee pursuant to Section 6.08A, the Franchisee shall provide educational materials in response to violations. Franchisee shall provide these educational materials to the non-compliant Customers and Generators within twenty (20) days of determination of non-compliance or immediately upon determination of non-compliance, if such noncompliance is determined during an inspection or Hauler Route review. Franchisee shall document the non-compliant Customers and Generators and the date and type of education materials provided and shall report such information to the City. Beginning January 1, 2026 the Franchisee shall, in addition to providing the education materials described in this subsection, document non-compliant Customers and Generators determined through the Franchisee’s compliance reviews pursuant to 6.08A and shall report all Customers and Generators with violations of SB 1383 regulations to the City. The City shall be responsible for subsequent enforcement action against the Generators.

3. Documentation of Inspection. The Franchisee shall generate a written and/or electronic record and maintain documentation of each inspection, hauler route reviews and compliance review.

SECTION 6.09 SERVICE COMPLAINTS
A. General. The Franchisee shall maintain a written log of all oral and written service complaints registered with the Franchisee from Customers. The Franchisee during office hours shall have a complaint service and a telephone answering system having an answering capacity satisfactory to the City Manager. The Franchisee shall provide bilingual, English and Spanish speaking customer service representatives. Copies of all complaints shall be given to the City Packet Pg. 173 Attachment: RFP (2652 : Consider Releasing Request for Proposals to Collect Solid Waste, Recyclables, & Organic Waste) 48 Manager as required by the reporting requirements established in Appendix H. The Franchisee shall record all complaints, including date and time, complainant name and address, and nature and date and time of resolution of complaint, in a computer-based log. This log shall be available to the City.

B. Required Response to Complaints. The Franchisee has until 4:00 p.m. of the next Business Day after its receipt of notice from a Customer, or the City Manager, to respond to a reported failure to provide Franchise Service as required by the terms of this Franchise Agreement.

Missed pick-ups shall be picked up no later than 4:00 pm the following normal business day, provided materials are placed in appropriate Containers and left in approved Collection locations.

Drivers shall call in to the dispatch before completing their daily route to receive and act on missed pick-ups. Customer services representatives shall call Customers after complaint resolution to confirm that the results are satisfactory.

C. SB 1383 Related Complaints. If Franchisee receives a complaint in which a person reports an activity that may be in violation of SB 1383 regulatory requirements, Franchisee shall document the information. Franchisee shall provide this information in a brief complaint report to the City for each SB 1383 noncompliance complaint within seven (7) days of receipt of such complaint and shall provide a quarterly summary report of SB 1383 noncompliance complaints.

1. Investigation. Franchisee shall commence an investigation within ninety (90) days of receiving a complaint in the following circumstances (1) upon Franchisee’s receipt of a complaint that an entity may not be compliant with SB 1383 regulations and if the City determined they were true, it would constitute a violation of SB 1383 regulations; and (2) upon City’s request to investigate a complaint received by the City, in which the City determines that the allegations against the entity, if true would constitute a violation of SB 1383 regulations. Franchisee is required to investigate complaints against Customers and Generators, but not against Food Recovery Organizations, Food Recovery Services and other entities regulated by SB 1383.

Franchisee shall investigate the complaint using one or more of the following methods:
a. Reviewing the service level of the entity that may not be compliant with SB 1383 regulations;
b. Reviewing the wavier list to determine if the entity has a valid de minimus, physical space constraint, or Collection frequency waiver; c. Reviewing the Self-Haul registration list to determine if the entity has registered the Self-Haul information;
d. Inspecting premises of the entity identified by the complainant, if warranted and/or
e. Contacting the entity to gather more information.

D. Annual Review of Performance and Quality of Service. At the City’s sole option, with thirty (30) days written notification to the Franchisee, it may conduct a public hearing at which the Franchisee will be present and will participate, to review the Franchisee’s performance and quality of service and provide for evaluation of technological and regulatory changes. The reports required by the Franchise regarding Customer complaints may be utilized as a basis for review.

Packet Pg. 174 Attachment: RFP (2652 : Consider Releasing Request for Proposals to Collect Solid Waste, Recyclables, & Organic Waste) 49 Performance and service quality review hearings may be scheduled by the City at its discretion throughout the Term of this Franchise. Within thirty (30) days after the conclusion of the public hearing, the City will issue a report on the adequacy of performance and quality of service. If any noncompliance with the Franchise is found, the City may direct the Franchisee to correct the inadequacies in accordance with the terms of the Franchise.

E. Damages for Failure to Meet Requirements of Franchise. The City Manager may levy a charge in the amounts listed below for Franchisee’s failure to meet the requirements of this Franchise. The City Manager’s decision to levy any such charge shall not be deemed an election of remedies but shall be cumulative with any other remedies provided for in this Franchise or in Applicable Law. The City Manager’s decision to not levy any such charge shall not be deemed a waiver of any breach by the Franchisee under this Franchise. Specifically, without limitation, the City Manager may impose the fines listed below for the corresponding deficiency in performance by the Franchisee:

1. Failure to correct a missed service by 4:00 p.m. of the next Business Day of notice of the missed service: $100 per occurrence; each additional 48-hour period (excluding weekend hours): $100;

2. Failure to provide Organic Waste Containers to Residential Customers within seven (7) days of request for service: $100 per occurrence;

3. Failure to provide Solid Waste Containers to Residential Customers within seven (7) days of request for service: $50 per occurrence;

4. Failure to repair or replace any Container by 4:00 p.m. of the seventh (7th) day after notification of the necessity thereof: $50 per occurrence;

5. Undertaking Collection operations earlier than 5:00 a.m. or later than 5:00 p.m.1:
$100 per day;

6. Failure to maintain Collection vehicles in neat and orderly manner, after notice by the City Manager and reasonable time to cure: $100 per day;

7. Failure to record a response to a Customer complaint or request within 48 hours of resolution: $100 per occurrence;

8. Franchisee imposes a special service not in accordance with Agreement or not requested by the Customer: $100 per occurrence;

9. Failure to clean up spillage or litter during Collection activity created by driver or truck: $100 per occurrence;

10. Failure to remit any fees due to a City by the 22nd of the month: $100 per 1 If a collection vehicle experiences a breakdown, it may run until 7:00 p.m. to finish a route.

Packet Pg. 175 Attachment: RFP (2652 : Consider Releasing Request for Proposals to Collect Solid Waste, Recyclables, & Organic Waste) 50 occurrence;

11. Penalty assessed for each day past due date Franchisee does not provide required reports: $100 per occurrence;

12. Failure to resolve a billing complaint within 30 working days from the complaint:
$50 per occurrence; each additional day problem not resolved: $50;

13. Assessment when Franchisee receives more than 25 service-related complaints in one month: $500;

14. Failure to tag with a contamination notice those materials not collected due to contamination or inappropriately prepared: $100 per occurrence.

Any damages due under this section shall be compensated to the City.

SECTION 6.10 REPORT OF ABANDONED MATERIALS
Franchisee shall report to the City locations where Franchisee vehicle drivers or other personnel observed accumulations of abandoned material. Such reporting shall occur within twenty-four (24) hours of observation and shall be in the form of an email to the City Manager of his/her designee identifying the address of the abandoned materials, a general description of the items abandoned, estimated quantity, and if available, a photo of the materials. If the Franchisee removes and collects such materials, Franchisee shall document and maintain a record of the Tons of materials removed from each site.

SECTION 6.11 NON-DISCRIMINATION
Franchisee shall not discriminate in the provision of service or the employment of persons engaged in performance of this Agreement on account of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, or sex of such persons or as otherwise prohibited by law or regulation. A Franchisee’s Rates, fees, or charges for all services rendered pursuant to this Agreement shall be non-discriminatory and uniform for equal services rendered.

SECTION 6.12 EMERGENCY CONTACT
The Franchisee shall provide the City Manager with an emergency phone number where the Franchisee can be reached in person, not by voice-mail, at all times, twenty-four (24) hours per day.

Article VII.

STANDARDS OF PERFORMANCE
Packet Pg. 176 Attachment: RFP (2652 : Consider Releasing Request for Proposals to Collect Solid Waste, Recyclables, & Organic Waste) 51 SECTION 7.01 EQUIPMENT
A. General. All vehicles used by the Franchisee in providing Discarded Material services shall be registered with the California Department of Motor Vehicles and shall meet or exceed all legal standards including, but not limited to, 14 CCR Section 17341 et. seq. Franchisee agrees to maintain all its vehicles in compliance with the provisions of Applicable Law and regulations, including but not limited to, California Vehicle Code.

B. Vehicle Identification Number. Franchisee’s name, local telephone number and unique vehicle identification number designed by Franchisee for each vehicle shall be painted (in letters at least three (3) inches high) on each side and across the back of each vehicle.

C. Cleaning and Maintenance

1. General. Franchisee shall maintain all its properties, facilities and equipment used in providing service under this Agreement in a safe, neat and clean and operable condition at all times. Each truck shall be designed so that Discarded Materials will not blow, fall or leak out of truck on the street. All Discarded Materials shall be transported by means of vehicles equipped with leak-resistant bodies fitted with close fitting covers.

2. Vehicles. Vehicles used in the Collection of Discarded Materials shall be washed on a regular basis to present a clean appearance and minimize odors. Vehicles shall be operated in compliance with the California Vehicle Code, 14 CCR, Division 7, Chapters 3, Article 5 and all applicable safety and local ordinances. Franchisee shall not load vehicles in excess of the manufacture’s recommendations or limitations imposed by State or local weight restrictions on vehicles.

3. Property. The Franchisee shall cause all spills of Franchise Materials occurring during the Collection process to be cleaned up immediately upon the occurrence of the spill.

Franchisee shall close all gates after making Collections and shall avoid crossing private or public planting areas and grounds or jumping over hedges and fences.

4. Employee Uniform. The Franchisee shall take all steps necessary to ensure that its employees performing Collection services conduct themselves in a professional manner, and as quietly as possible. All such employees shall at all times of employment be dressed in clean uniforms with suitable identification. No employee may remove any portion of his or her uniform while working. The style and appearance of employee uniforms shall be subject to the approval of the City Manager.

5. Covers. Vehicles shall be equipped with a mechanical cover or tarp, that is adequate to cover and prevent Discarded Materials from blowing out of the vehicle.

6. Vehicle Inspection. All trucks used in the Collection and transportation of Discarded Materials may be inspected at such time and place as designated by the City Manager.

The City Manager may schedule an annual inspection for randomly selected trucks operated by Franchisee. The City Manager may revoke the use of any truck that fails to meet the requirements Packet Pg. 177 Attachment: RFP (2652 : Consider Releasing Request for Proposals to Collect Solid Waste, Recyclables, & Organic Waste) 52 of this Agreement, and such truck shall not be used for the Collection or transportation of Discarded Materials until the issue has been corrected to the satisfaction of the City Manager.

Revocation of the right to use a truck shall note excuse the Franchisee from performing any of its obligations under this Agreement.

7. Inventory. The Franchisee shall annually furnish to the City a current vehicle inventory of Franchisee’s vehicles used to provide Collection services in the City.

SECTION 7.02 CONTAINERS
A. General. Franchisee shall provide Containers used for storage of Discarded Materials to all Customers. The Containers shall be constructed to be watertight and prevent leakage of liquids.

B. Maintenance and Repair Requirements. The Franchisee shall assemble and provide Containers to Customers as designated in Appendix A. Franchisee shall be responsible for the general maintenance and repair of Containers provided to Customers. The Franchisee shall repair or replace at its own expense, any container provided by the Franchisee which becomes unusable by any reason of normal wear and tear or is damaged by the Collection operations. The Franchisee shall be responsible for replacement or repair of Containers which are stolen or damaged by an event not caused by the Franchisee, and shall charge the Customer the Container replacement charge designated in Appendix B. Such repair or replacement must occur by the end of the next Business Day following notification to the Franchisee of the need for a new Container.

C. Container Colors. Carts, Bins, and Roll-Off Containers provided by Franchisee to Customers to store Discarded Materials for Collection shall meet the requirements as specified in Appendix A. The type, size, color and other specific physical requirements for Containers supplied by Franchisee are specified in Appendix A and may not be changed without the prior written approval of the City Manager. The Franchisee shall not be required to collect Franchise Materials from Containers which do not conform to the requirements of Appendix A.

D. Container Signage. Carts, Bins, and Roll-Off Containers provided by the Franchisee to Customers to store Discarded Materials pending Collection shall be clearly identified as Solid Waste, Recyclable Materials, Organic Waste, Construction and Demolition Debris or Food Waste, as applicable. All Containers shall also contain the Franchisee’s name on the exterior of the Container to be visible when the Container is placed for use.

E. Containers after Termination. At the end of the Term or earlier termination of the Franchise, the City shall have the right, but not the obligation, to purchase from the Franchisee all or a portion of the Containers owned by the Franchisee and utilized by the Franchisee to provide Franchise Services. In the event that the City elects to exercise such option to purchase, the purchase price payable by the City with respect to each Container that it elects to purchase shall be the then-current book value of such Container, plus Franchisee’s removal and delivery fees.

The Franchisee shall be responsible, at its own cost and expense, for the removal of any Containers which the City does not elect to purchase.

Packet Pg. 178 Attachment: RFP (2652 : Consider Releasing Request for Proposals to Collect Solid Waste, Recyclables, & Organic Waste) 53 SECTION 7.03 DIVERSION REQUIREMENTS
A. Diversion Goal. The City’s annual Diversion goals are specified in Appendix H.

Franchisee, its parent company (if any) and its Affiliates shall report Diversion as one entity and shall collectively work to achieve the Diversion goals specified in Appendix H. Franchisee shall be deemed to have achieved the annual Diversion goal if the Franchisee, parent company and affiliates collectively achieve the Diversion goal specified in Appendix H. Failure to meet the annual Diversion goal(s) will require Franchisee to submit a plan to the City no later than two (2) months after notice of non-compliance for outlining additional steps and/or programs the Franchisee will implement to achieve the Diversion goal, as well as the increased costs for which the Franchisee would be reimbursed. The plan shall include:

1. A summary of additional Diversion improvement activities that the Franchisee can implement within its current programs without additional cost to the Customers (i.e., changes to public outreach messages, City Code changes, improved enforcement of Habitual Contaminators).

2. A summary of new or enhanced infrastructure or other Diversion improving activities or programs that could achieve the goal but would potentially require an increase to Customer Rate Caps, and estimated Rate impacts to Customers for each option.

Franchisee, City Manager and the City’s contract administrator shall meet to discuss the plan and the City Manager shall decide the most appropriate option to implement to increase Customer Diversion levels.

B. Diversion Credit, Not Disposal. Diverted Tonnage shall be Tonnage Collected and Processed in a manner such that Tonnage is not considered as Disposal for the purposes of AB 939, SB 1383, and AB 1594. Diversion achieved by transformation (conversion to energy) shall be credited toward reaching the Diversion goals only to the extent that the State grants Diversion credit to the City. Third-party Diversion shall not be considered toward achievement of the Diversion goals in Appendix H.

Article VIII.

RECORD KEEPING AND REPORTING
SECTION 8.01 ACCOUNTING AND RECORDS
Franchisee shall compile and maintain records related to its performance under this Agreement as necessary to develop the reports required by this Agreement. Franchisee agrees to conduct data collection, information and record keeping, and reporting activities needed to comply with and to meet the reporting and Solid Waste program management needs of the City, AB 939, AB 341, AB 1383, other Applicable Laws, and the requirements of this Agreement.

Record keeping and reporting requirements specified in this Agreement shall not be considered limiting or necessarily complete. In particular, it is intended to highlight the general nature of records and reports and their minimum content and is not meant to comprehensively define the Packet Pg. 179 Attachment: RFP (2652 : Consider Releasing Request for Proposals to Collect Solid Waste, Recyclables, & Organic Waste) 54 scope and content of the records and reports. Upon written direction or approval of City, the records and reports required by Franchisee in accordance with this and other Articles of the Agreement shall be adjusted in number, format, or frequency. Franchisee shall maintain all records necessary to allow the City to determine Franchisee’s compliance with the Terms of the Agreement and compliance with the performance standards presented in this Agreement. The records shall be maintained in a manner that allows for easy verification of Franchisee’s performance.

A. Maintenance and Audit of Records: The Franchisee shall maintain in its principal office full and complete financial and accounting records prepared on an accrual basis in accordance with generally accepted accounting principles. Such records shall be subject to audit and inspection by the City and its authorized officers, agents or employees, at any reasonable time at the Franchisee’s principal office. The gross receipts derived from the Franchise Services under this Franchise, whether such services are performed by the Franchisee or by a subcontractor or subcontractors, shall be recorded as revenues in the accounts of the Franchisee. The Franchisee shall maintain and preserve all Disposal records for a period of not less than three (3) years following the expiration or termination of the Franchise.

B. Delivery of Financial Reports to City: At the request of the City Manager, the Franchisee shall furnish, by April 15 of each year, at Franchisee’s sole cost and expense, complete annual financial statements of the Franchisee’s corporate parent to the City Manager.

C. Computer System: The Franchisee shall maintain a computer database which specifies the service address of each Customer within the Franchise Area, the service classification applicable to each Premise, and any special services provided to such Premises. The Franchisee computer system shall allow the City to review for each Customer:

1. The complaint/resolution log required to be maintained by the Franchisee,

2. Record of missed pickups,

3. Records of daily Container (Solid Waste, Recycling, Organic Waste, home Composting) delivery,

4. Route identification,

5. Container servicing, and

6. Tagging notices for contamination, placement, or other reasons.

The Franchisee shall provide the City convenient access to this information.

SECTION 8.02 MONITORING AND REPORTING
A. Records. The Franchisee shall maintain in its local office records for the City which reflect records required to conduct its operations, to support requests it may make to City, and to respond to requests from City. It is necessary for Franchisee to maintain accurate, detailed financial and operational information in a consistent format and to make such information available to the City in a timely fashion, and in accordance with reporting requirements specified in this Article. Some records necessary are as follows:

1. Solid Waste collected and disposed under the terms of this Franchise; Packet Pg. 180 Attachment: RFP (2652 : Consider Releasing Request for Proposals to Collect Solid Waste, Recyclables, & Organic Waste) 55 2. Recyclable materials Collected, purchased, processed, sold, donated or given for no compensation, and Residue disposed; and

3. Yard Waste, Wood Waste and/or Food Waste materials Collected, received, purchased, processed, sold, donated, or given for no compensation, and Residue disposed.

Quantities by type of Recyclable Materials collected by Franchisee may be determined by estimates based on load sampling to characterize the contents of each commingled material load, using a sample protocol established by mutual agreement of City and Franchisee. Said records shall be subject to the inspection provisions described in Section 6.3.B, above.

B. Waste Disposal and Characterization Studies: The Franchisee shall cooperate with and assist the City in the performance of annual waste Disposal and characterization studies.

C. Collection Monitoring: The Franchisee shall monitor its collection of Solid Waste, Recyclable Materials, and Organic Waste to assist in identifying occurrences of and reducing contamination of Recyclable Materials and Organic Waste, the latter in particular for plastic and other inorganics. Up to twice per year, the Franchisee shall allow a person designated by the City Manager to ride with the Franchisee Collection vehicles on any route or routes. The City Manager will inform the Franchisee at least one (1) week in advance prior to date of route monitoring.

D. Reporting. The Franchisee shall submit all reports to the City Manager in accordance with Appendix H, Reporting Requirements:

1. Monthly Report Submittals: Monthly reports shall be submitted no later than the 25th of the month following the reporting period.

2. Annual Report Submittals: Annual reports shall be submitted no later than 90 days following the end of the Franchise Year.

4. Additional Reports: The Franchisee shall furnish the City with financial reports pursuant to Section 6.3 and any additional monthly or annual reports as may be required to set forth all information required under SB 1383. Said reports shall be in the form required by the City and shall categorize Recycling and Diversion activity in the manner required by the City.

SECTION 8.03 INSPECTION
The City shall have the right to inspect or review Franchisee’s service levels and Disposal records, payroll tax reports, specific documents required specifically or by inference pursuant to this Agreement or reports of Franchisee or its Affiliates that the City shall deem, in its sole discretion, necessary to evaluate. The Franchisee shall make them available at the Franchisee’s local office at any time during regular business hours for inspection and audit by any or all of the City during the Term of this Franchise and for a period of three (3) years following the expiration or termination of the Franchise.

Packet Pg. 181 Attachment: RFP (2652 : Consider Releasing Request for Proposals to Collect Solid Waste, Recyclables, & Organic Waste) 56 Franchisee agrees that the records of any and all companies conducting operations addressed in the Agreement shall be provided or made available to City and its official representatives for review. The City, its auditors and other agents selected by the City, shall have the right, during regular business hours, to conduct unannounced on-site inspections and review of the records and accounting systems of Franchisee and to make copies of any documents relevant to this Agreement.

SECTION 8.04 RESEARCH AND DEVELOPMENT
Franchisee agrees to take a proactive approach on its own initiative and, in addition, to cooperate with the City and the Authority in pursuing new technologies, management techniques and markets through pilot programs or other similar activities to improve cost efficiencies and product quality and to increase material recovery from the Collection and processing services described herein.

The Franchisee and the City, by mutual agreement, will determine the scope of work, timing, costs, and reimbursement, if any, due Franchisee to accomplish the purposes of this paragraph. The Franchisee shall provide the City, on request, with a written summary report identifying the results and conclusions of such research or pilot programs. If Franchisee deems such information proprietary or containing trade secret information, the City shall keep it confidential. In the context of the objectives of this paragraph, the Franchisee will meet with the City, as requested, to evaluate the performance of the Franchise Services and to examine new market opportunities for the processed materials produced by the Franchise Services.

Article IX.

SERVICE FEES AND CUSTOMER RATE CAPS
SECTION 9.01 SERVICE FEES
Franchisee shall be responsible for billing and collecting funds from Customers in accordance with the Service Fee caps set forth in Appendix B (the “Service Fees”). Franchisee may reduce or waive at its option, but shall not exceed, the Service Fees, as they may be adjusted hereunder.

Residential Single-Family Customers shall be billed at least quarterly, and Multi-Family Dwelling and Commercial Customers shall be billed monthly. Customers may be billed prior to receiving service, but the due date shall be no sooner than 30 days from the invoice date.

SECTION 9.02 ANNUAL SERVICE FEE ADJUSTMENTS
The Rate (Customer Rate Cap) that the Franchisee may charge Customers through the Rate Year ending June 30, 2026, shall not exceed the maximum rates set forth in Appendix B. The Customer Rate Cap for each type of service defined under Section 5 shall be composed of Rate Components 1-7 listed under Section 9.03.B below plus the calculated Franchise Fee defined in Section 9.06.

Beginning the Rate Year starting July 1, 2026, and on the same date annually thereafter (the “Adjustment Date”), the individual cost components shall be adjusted as provided below (the Packet Pg. 182 Attachment: RFP (2652 : Consider Releasing Request for Proposals to Collect Solid Waste, Recyclables, & Organic Waste) 57 “Cost Components and Rate Adjustment Indexes”). The Franchisee shall submit its request in writing directly to City staff or via overnight mail, on or before April 1st of each succeeding year.

Failure to submit a written request by April 1st of each year shall result in the Franchisee waiving the right to request such an increase for the subsequent Rate Year. Missed Rate adjustments may not be added to rate adjustments applications in ensuing years. The Rates shall decrease automatically if either the Disposal fee, other pass-thru fees or the Consumer Price Index decreases.

SECTION 9.03 COST COMPONENTS AND RATE ADJUSTMENT INDEXES The approved Rates consist of the following Cost Components, followed by the initial weightings of each component. Each Cost Components may be adjusted by the change in the corresponding index as provided by law.

A. Rate Components. The Service Rate caps are comprised of seven (7) “Rate Components” as follows: (1) Service Fee, (2) Fuel Fee – Diesel, (3) Disposal Fee, (4) AB 939 Program Fee, (5) Organic Waste Processing Fee, and (6) Recyclables Processing Fee (for third party processors) and (7) Franchise Fee. The initial amount of each Rate Component for each Service Fee is set forth below.

B. Rate Component Costs. Franchisee has designated certain costs that are closely related to the Rate Components. Such “Rate Component Costs” for the Rate Components are provided below and additional detail regarding the above costs are also provided in Exhibit J and include:

Franchisee’s Fees

1. Service Fee:
a. All labor and labor related costs
b. All primary and secondary fixed equipment costs
c. All primary and secondary variable costs
d. Operations support costs, such as sales, general and administrative costs, allocation of costs charged from other entities working for Franchisee related to this Agreement and profit.
e. Transportation costs to and from collection routes to Designated Disposal or Processing Facilities.

2. Fuel Fee – Diesel: Fuel costs and any fuel tax credits received Pass-Through Fees

3. Disposal Fee: Tip fees and other applicable surcharges and fees at the Designated Transfer and Disposal Facilities for the Disposal Franchise Solid Waste

4. AB 939 Program Fee: Fees imposed by the Authority and other governmental authorities, other than the Disposal Fees and Organic Waste Processing Fee

5. Organic Waste Processing Fee: Tip fees and other applicable surcharges and fees at the Designated Transfer and Processing Facilities for Franchise Organic Waste

6. Recyclables Processing Fee (third party Processor): Tipping fees and related charges for processing of mixed residential and Commercial curbside Recycling when performed by a third-party processor outside the Franchisee’s control.

Packet Pg. 183 Attachment: RFP (2652 : Consider Releasing Request for Proposals to Collect Solid Waste, Recyclables, & Organic Waste) 58 Recyclables processing performed at the Franchisee’s owned and operated Materials Processing Facility shall be included in the Service Fee Component and subject to annual adjustment in accordance with Section 9.03.C.

7. Franchise Fee: Payment to each City that is a party to this agreement based on a percentage of the total fees (1-6) above as outlined in Section 9.06.

C. Annual Adjustments for Rate Components

1. Service Fee. The Cost Indicator of this Rate Component is the Consumer Price Index for All Urban Consumers: Water and Sewer and Trash Collection Services (“CPI”), as published by the Bureau of Labor Statistics. The annual percentage change for this Cost Indictor will be based upon the annual average change for the twelve (12)-month period ending February of each year versus the same period a year ago. For example, the first allowable Cost Indicator change for July 1, 2026, will be based upon the average annual change for the twelve (12)-month period ending February 2026 compared to the same ending February 2025, minus 1. This percentage will then be multiplied by the current year’s customer Rate Component for the Service Fee for each level of service.

The annual adjustments to the Service Fee, for purposes of calculating the adjustment, may not exceed 5% and calculated increases above 5% may not be carried forward to future years.

3. Fuel Fee – Diesel. The Cost Indicator of this Rate Component is the Producer Price Index – Commodities, Series ID WPU057303, Fuels and related products and power, No. 2 diesel fuel, base date 198200, as published by the U. S. Department of Labor, Bureau of Labor Statistics.

The annual percentage change for this Cost Indictor will be based upon the annual average change for the twelve (12)-month period ending February of each year versus the same period a year ago.

For example, the first allowable Cost Indicator change for July 1, 2026, will be based upon the average annual change for the twelve (12)-month period ending February, 2026 compared to the same ending February, 2025, minus 1. This percentage will then be multiplied by the current year’s customer Rate Component for the Fuel Fee-Diesel for each level of service.

4. Disposal Fee. The Cost Indicator for this Rate Component are the actual published landfill tip fees for the effective year and other applicable surcharges and fees at the Designated Transfer and Disposal Facilities to dispose of Franchise Solid Waste. Therefore, by April of each year, Franchisee will determine its projected Disposal Tip Fees for the Agreement year ending the upcoming June 30 as well as the projected Disposal Tip Fees for the Agreement year ending the next upcoming June 30. The year over year increase from the current year to the next will be the annual percent change.

5. AB 939 Program Fee. The Cost Indicator for this Rate Component are the actual fees imposed by the Authority and other governmental authorities, other than the Disposal Tip Fees and Organic Waste processing fees, regarding the Franchise Services (the “Governmental Fees”). Therefore, by April of each year, Franchisee will determine its projected Governmental Fees for the Agreement year ending the upcoming June 30 as well as the projected Governmental Fees for the Agreement year ending the next upcoming June 30. The year over year increase from the current year to the next will be the annual percent change.

Packet Pg. 184 Attachment: RFP (2652 : Consider Releasing Request for Proposals to Collect Solid Waste, Recyclables, & Organic Waste) 59 6. Organic Waste Processing Fee. The Cost Indicator for this Rate Component are the actual tip fees and other applicable surcharges and fees at the Designated Transfer and Processing Facilities to receive and process of Franchise Organic Waste (“Organics Tip Fees”). Therefore, by April of each year, Franchisee will determine its projected Organics Tip Fees for the Agreement year ending the upcoming June 30 as well as the projected Organics Tip Fees for the Agreement year ending the next upcoming June 30. The year over year increase from the current year to the next will be the annual percent change.

7. Recyclables Processing Fee (third-party processor). The Cost Indicator for this Rate Component are the actual tip fees and other applicable surcharges and fees at the Designated Recyclables Processing Facilities to receive and process Franchisee collected Source Separated Recyclables (“Recyclables Processing Tip Fees”). Therefore, by April of each year, Franchisee will determine its projected Recyclables Processing Tip Fees for the Agreement year ending the upcoming June 30 as well as the projected Recyclables Processing Tip Fees for the Agreement year ending the next upcoming June 30. The year over year increase from the current year to the next will be the annual percent change.

Should the Franchisee own and operate its own Recyclable Processing Facility (vertically integrated) these costs should be included in the Service Fee under Section 9.03.E.1 above and will be subject to the defined Rate Component under this Section.

SECTION 9.04 CHANGES IN RECYCLABLE MATERIALS COMPOSITION,

MARKETS, COSTS
In the event that a change in Applicable Law or a material change in market conditions occurs, including but not limited to lack of commercially reasonable market availability for a type of processed Franchise Recyclable Material, changes in market specifications affecting the salability of a type of processed Franchise Recyclable Material, or changes affecting the recyclability or marketability of a type of processed Franchised Recyclable Material (each a “Material Change”), and such Material Change has the effect of materially altering the terms of this Agreement, or preventing or precluding compliance with one or more provisions of this Agreement, or preventing, precluding or substantially affecting the benefit(s) bargained for under this Agreement, including profits of Franchisee, this Agreement shall be modified or suspended as may be necessary to comply with, ameliorate, or prevent the detrimental effects on the Agreement of, such Material Change. A party detrimentally affected by a Material Change shall so notify the other party and request amendment to this Agreement accordingly, and the parties shall engage in good faith negotiations regarding such amendments of this Agreement that reflect the extent to which the provisions hereof have been, or should be, so modified or suspended. If a Material Change precludes or reduces any of the Service Fees or other revenues, then the parties shall modify this Agreement in accordance with this provision in order that Franchisee can achieve, on an ongoing basis, profits that existed immediately prior to the Material Change.

SECTION 9.05 OTHER SERVICE FEE ADJUSTMENTS
Packet Pg. 185 Attachment: RFP (2652 : Consider Releasing Request for Proposals to Collect Solid Waste, Recyclables, & Organic Waste) 60 The Service Fees shall, upon written request of Franchisee, be further adjusted on an interim basis for increased expenses or reduced revenue associated with performance of the services hereunder due to any one or more of the following causes:

1. Franchisee determines in good faith that the new or modified programs or processes are necessary to achieve a Diversion percentage required in this Agreement; or

2. Material changes in Franchisee’s costs resulting from an Uncontrollable Circumstance (excluding Labor Disturbances); or

3. Changes in the scope or method of services provided by Franchisee or changes in other fees required, initiated, or approved by the City; or

4. Any change in Applicable Law that becomes effective after the date this Agreement is signed by a party.

If Franchisee requests an adjustment due to a circumstance set forth above, Franchisee shall prepare a Service Fee adjustment request setting forth its calculation of the increased costs or reduced revenue and accompanying Service Fee adjustment necessary to offset such increased costs or reduced revenue. The City may request any and all documentation and data reasonably necessary to evaluate such request by Franchisee, and may retain, at its own expense, an independent third party to audit and review such documentation and such request. If such third party is retained, the City shall take reasonable steps, consistent with state law, to protect the confidential or proprietary nature of any data or information supplied by Franchisee. The City shall act within ninety (90) days of receipt of the request from Franchisee but shall approve the request if reasonably sufficient supporting information is provided.

SECTION 9.06 FRANCHISE FEE
The Franchisee shall pay each Party to this Agreement a Franchise Fee equal to twenty percent (20%) of the following:
• The total of all Rate Components as listed under Section 9.03.E.1-6 above based upon all Franchise Services described herein and in accordance with Appendix B, Service Fee Schedule;
Franchise Fees will be paid monthly, by the last day of the month following. The City may, at its sole discretion, seek to modify the franchise fee; however, the franchise fee shall only be increased upon written agreement of the Parties. The franchise fee shall not be subject to and/or included within any annual CPI adjustments or calculations conducted by Franchisee. If the franchise fee established within this Agreement is rendered unlawful by federal or state statute or by an order issued by a court of competent jurisdiction, upon thirty (30) days’ notice or a time period establish by statute or court order, the City may terminate this Agreement or reopen this Agreement so the Parties may negotiate a new franchise fee which complies with the applicable federal or state statute or court order.

Packet Pg. 186 Attachment: RFP (2652 : Consider Releasing Request for Proposals to Collect Solid Waste, Recyclables, & Organic Waste) 61 Article X.

INDEMNITY, INSURANCE AND PERFORMANCE BOND
SECTION 10.01 INDEMNIFICATION OF CITY
Franchisee agrees to and shall indemnify, defend, with counsel acceptable to the City, and hold harmless City, their officers, officials, employees, volunteers, agents and assigns (indemnitees) from and against any and all damages (whether special, general or punitive), loss, liability, fines, penalties, forfeitures, claims, demands, actions, proceedings or suits (whether administrative or judicial), in law or in equity, of every kind and description, (including, but not limited to, injury to and death of any person and damage to property, strict liability, product liability, or for contribution or indemnity claimed by third parties) (collectively, “Claims”) arising or resulting from or in any way connected with: (i) the operation of the Franchise, its agents, employees, Franchisees, and/or sub-Franchisees, in performing or failing to perform this Agreement; (ii) the failure of the Franchisee, its agents, employees, Franchisees and/or sub Franchisees to comply in all respects with Applicable Laws, ordinances and regulations, and/or applicable permits and licenses; (iii) the acts of Franchisee, its officers, employees, agents, Franchisees and/or sub Franchisees in performing services under this Agreement for which strict liability is imposed by law; (iv) any action taken by the City pursuant to Section 8.2 upon a failure to Collect, transport, process or Dispose of Franchise Materials, and (v) the processing, marketing, and end use of Recyclable Materials and Food Waste.

The foregoing indemnity shall apply regardless of whether such loss, liability, penalty, forfeiture, claim, demand, action, proceeding, suit, injury, death, or damage is also caused in part by any of the indemnitees’ negligence. However, the foregoing Franchisee obligations shall not apply to the extent Claims arise or are the result from an indemnitee’s negligence, willful misconduct or breach of this Agreement.

A. AB 939 Indemnification of the City. Franchisee agrees to and shall indemnify to the extent permissible by law, defend, with counsel acceptable to the City, and hold harmless City, their officers, officials, employees, volunteers, agents and assigns (indemnitees) from and against any and all damage (whether special, general or punitive), loss, liability, fines, penalties, forfeitures, claims, demands, actions, proceedings or suits (whether administrative or judicial), in law or in equity, of every kind and description, (including, but not limited to, injury to and death of any person and damage to property, strict liability, or for contribution or indemnity claimed by third parties) arising or resulting from the failure of City to comply with the California Integrated Waste Management Act of 1989 (Division 30 of the California Public Resources Code), as amended, supplemented, superseded and replaced from time to time (AB 939); provided, however, the foregoing obligations shall only apply to the extent the City’s failure to comply with AB939 was caused by a Franchisee breach of this Agreement.

SECTION 10.02 HAZARDOUS MATERIALS INDEMNIFICATION
Packet Pg. 187 Attachment: RFP (2652 : Consider Releasing Request for Proposals to Collect Solid Waste, Recyclables, & Organic Waste) 62 Franchisee shall indemnify, defend with counsel acceptable to the City, protect and hold harmless the City, their officers, officials, employees, agents, assigns and any successor or successors to the City’s interest from and against all claims, damages (including but not limited to special, consequential, natural resources and punitive damages) injuries, response mediation and removal costs, losses, demands, debts, liens, liabilities, causes of action, suits, legal or administrative proceedings, interest, fines, charges, penalties attorney’s fees for the adverse party and expenses (including but not limited to attorney’s and expert witness fees and costs incurred in connection with defending against any of the forgoing or in enforcing this indemnity) of any kind whatsoever paid, incurred or suffered by, or asserted against, the City or their officers, officials, employees, agents, assigns, or Franchisees arising from or attributable to acts or omissions including but not limited to any repair, cleanup, disposal or detoxification, or preparation and implementation of any removal, remedial, response, closure or other plan (regardless of whether undertaken due to governmental action) concerning any Hazardous Substance or Hazardous Wastes at any place where the Franchisee transports, stores or disposes of Solid Waste pursuant to this Agreement.

The foregoing indemnity is also intended to operate as an agreement pursuant to Section 107(e) of CERCLA, 42 U.S.C. Section 9607(c) and California Health and Safety Code Section 25364, to defend, insure, protect, hold harmless and indemnify the City from liability. The foregoing indemnity shall not apply with respect to: (1) any Hazardous Waste or Hazardous Substance generated by the City or its agents and delivered by the City or its agents; (2) any materials delivered by Franchisee to a disposal facility or processing facility designated by the City that is not owned or operated by Franchisee, or (3) the disposal or release of Hazardous Substances or Hazardous Waste, which disposal or release has resulted from the negligence or willful misconduct of the City or its agents.

SECTION 10.03 PERFORMANCE BOND
Within ten (10) calendar days from the date the City Council approves this Agreement, the Franchisee shall furnish to the City, and keep current, a performance bond in a form substantially similar as set forth in the Appendix which is included in and attached to this Agreement, for the faithful performance of this Agreement and all obligations arising hereunder in an amount as follows:

1. Franchisee shall maintain a performance bond throughout the Term of this Agreement in the amount of One Million Dollars ($1,000,000).

2. The performance bond shall be executed by a surety company licensed to do business in the State of California, having an, A:VII or better rating, and approved by the City; and included on the list of surety companies approved by the Treasurer of the United States.

SECTION 10.04 FORFEITURE OF PERFORMANCE BOND
In the event Franchisee shall for any reason become unable to, or fail in any way to, perform as required by this Agreement, City may declare a portion or all of the performance bond which is necessary to recompense and make whole the City forfeited to the City. Upon partial or full forfeiture of the performance bond, Collector shall restore the performance bond to its face amount within thirty (30) days of the City’s declaration. Failure to restore the performance bond to its full Packet Pg. 188 Attachment: RFP (2652 : Consider Releasing Request for Proposals to Collect Solid Waste, Recyclables, & Organic Waste) 63 amount within thirty (30) days shall be a material breach of this Agreement.

Article XI.

DEFAULT AND REMEDIES
SECTION 11.01 REMEDIES FOR BREACH
The parties agree that, in the event that either party breached any other obligation under this Franchise or any representation made by either party hereunder is untrue in any material respect, the other party shall have the right to take any action and seek any remedy at law or in equity it may have to enforce the payment of any damages for the performance of such other obligation hereunder. The Franchisee acknowledges that the City intend to rely on the Franchisee to provide Franchise Materials collection, transportation to the Designated Disposal Facility and/or Designated Processing Facility, Recycling and other services hereunder for the protection of the public health, safety and welfare, and that therefore the City may enforce any action for specific performance of the Franchisee’s obligations hereunder to provide the Franchise Services on the terms and conditions provided herein. Neither party shall have the right to terminate this Franchise for cause except after an Event of Default determined in accordance with the provisions of this Article VIII shall have occurred and be continuing or unremedied.

SECTION 11.02 RIGHT OF THE CITY TO PERFORM SERVICES IN CERTAIN

CIRCUMSTANCES
A. Franchisee Failure to Collect for any Reason. Should the Franchisee, for any reason whatsoever except an Uncontrollable Circumstance, fail, refuse or be unable to collect, transport and Dispose of any or all Franchise Materials which it is herein obligated to collect, transport and Dispose of in the time and manner and as herein in this Franchise provided, for a period of more than seventy-two (72) hours, or if in any lesser time period Franchise Materials should accumulate in the City to such an extent, in such manner, or for such time that the City Manager or City Council should find that such accumulation endangers or menaces the public health, safety or welfare, then, in any of those events, the City shall have the right, upon notice to the Franchisee, during such period, to take possession of any or all of the Operating Assets necessary in the Collection, transportation, processing and Disposal of the Franchise Materials produced, kept or accumulated in the City, and to use such property to collect, transport and dispose of any or all Franchise Materials which the Franchisee would otherwise be obligated to collect, transport and dispose of pursuant to this Franchise. The Franchisee agrees that in such event it will fully cooperate with City to affect such a transfer of possession of the Operating Assets for City use of the same for the collection, transportation and Disposal of Franchise Materials. The Franchisee agrees that in such event, the City may take possession of and use all of the Operating Assets for the above-mentioned purposes except those which Franchisee utilizes for customers outside the City without paying the Franchisee or any other person any rental or any other charges or compensation whatsoever for such possession and use. The City may in such circumstances operate the Operating Assets with its employees or cause the operating Assets to be operated by subcontractors to the City.

B. Franchisee Repair. The Franchisee further agrees that, in the circumstances described in Packet Pg. 189 Attachment: RFP (2652 : Consider Releasing Request for Proposals to Collect Solid Waste, Recyclables, & Organic Waste) 64 subsection (A) above, the Franchisee shall, if the City so request, keep in good repair and condition all of the Operating Assets, service all motor vehicles necessary for continued operations with gasoline, oil and other necessary service, and provide such other service as may be necessary to render the Operating Assets operational and ready for use in collecting and transporting and disposing of Franchise Materials, all free of any and all costs or expenses to the City.

C. Franchisee Resumption of Service. It is further agreed that the City, upon seven (7) days written notice, may at any time, at their discretion, relinquish possession of any or all of the Operating Assets to the Franchisee and thereupon demand that the Franchisee resume the collection, transportation and Disposal of Franchise Materials as provided in this Franchise, whereupon the Franchisee shall be bound to resume the same.

D. City Performance Not a Taking. It is specifically understood and agreed that the City’s exercise of its rights under this Section:

1. Does not constitute a taking of private property for which payment must be made;

2. Shall not create any liability on the part of the City to the Franchisee; and

3. That the indemnity provisions of Section 10.1 of this Franchise are meant to include circumstances arising under this Section.

E. Duration of City’s Rights. The City’s right hereof to retain temporary possession of the Operating Assets and to render Collection, transportation and Disposal services shall terminate at the earlier of:

1. The time when such services can, in the reasonable judgment of the City, be resumed by the Franchisee, or (if earlier),

2. The time when the City no longer reasonably requires such Operating Assets, as determined by the City, or

3. The expiration of twelve (12) months from the date the City took possession, or

4. The Franchise can be re-let if, in the sole determination of the City, the Franchisee is no longer able to perform.

F. Security for City’s Rights. Franchisee is required to provide a performance bond in order to secure the City’s rights under this Section. The City may (but shall not be required to) cure any default of Franchise in the manner described in subsections A) and B) above and may then look to Franchisee or Franchisee’s performance bond for repayment.

SECTION 11.03 EVENTS OF DEFAULT OF FRANCHISEE
Events of default under this Agreement include, but are not limited to, the following:

A. Failure to Peform. Franchisee fails or refuses to perform any term, covenant, obligaion or condition contained in this Franchise. Additionally, Franchisee fails or refuses to perform in accordance with the City Code or any of its material obligations under this Agreement, as it may be amended from time to time. Refusal to provide service to a Customer,where it is impractical Packet Pg. 190 Attachment: RFP (2652 : Consider Releasing Request for Proposals to Collect Solid Waste, Recyclables, & Organic Waste) 65 because of operational limitations related to topography, geographical isolation, and/or access, shall not constitute a material breach of this Agreement, upon finding by the City Manger that serving such Customer would constitute an unreasonable hardship.

B. Failure to Implement Collective Program. Franchisee fails to implement a Collection program that complies with the requirements of this Agreement.

C. Failure to Provide Processing Capacity and/or Achieve Processing Standards.

Franchisee fails to provide adequate processing capacity and/or achieve processing standards in accordance with Section 5.5 of this Agreement.

D. Failure to Comply with Other Requirements. Franchisee fails to comply with other requriements of the Agreement, incuding public education, reporting, contamination, monitoring, recordkeeping, or other obligation of this Agreement.

E. Misrepresentation. Any statement, representation, or disclosure made to the City by Franchisee in connection with or as an inducement to entering this Agreement or any future amendment to this Agreement, which proves to be false or misleading in any material respect as of the time the statement, representaton, or disclosure is made, whether or not any such satement, representation or disclosure appears in the Agreement.

F. Seizure or Attachment. A seizure or attachment (other than prejudgment attachment) or levy affecting possession on, the operating equipment and facilities of such corporation as to substantially impair the Franchisee’s ability to perform under this Agreement and which cannot be released, bonded or otherwise lifted within seventy-two (72) hours, excluding weekends and holidays.

G. Financial Insolvency. Franchisee files a voluntary petition for debt relief under any applicable bankruptcy, insolvency, debt relief, or other similar law or regulation now or herafter in affect, or consents to the appointment of or taking of possession by a receiver, liquidator, assignee, trustee, custodian, sequester for any part of the Franchisee’s Operating Assets or any substantial part of Franchisee’s creditors, or shall fail generally to pay Franchisee’s debts as they become due or shall take any action in furtherance of any of the foregoing.

H. Court Decisions. Any court having jurisdiction shall enter a decree or order appointing a receiver, liquidator, assignee, custodian, trustee, or sequestrator of the Franchisee or for any part of the Franchisee’s operating equipment or assets, or order the winding up or liquidation of the affairs of Franchisee.

I. Fraud or Deceit. If Franchisee practices, or attempts to practice, any fraud or deceit upon City.

J. Failure to Maintain Coverage. If Franchisee fails to provide or maintain in full force and effect the insurance coverage requried by this Agreement.

K. Violation of Regulation. If Franchisee violates any permits, orders, or filing of any Packet Pg. 191 Attachment: RFP (2652 : Consider Releasing Request for Proposals to Collect Solid Waste, Recyclables, & Organic Waste) 66 regulatory body having jurisdiction over Franchisee, which violation or non-compliance materially affects the Franchisee’s ability to perform under this Agreement, provided that Franchisee may contest any such orders or findings by appropriate proceedings conducted in good faith, in which case no breach of the Agreement shall be deemed to have occurred during the pendency of the contestation or appeal, to the extent Franchisee is able to adequately perform during that period.

L. Acts or Omissions. Any other act or omission by Franchisee which materially violate the terms, conditions, or requirements of this Agreement, AB 939, AB 341, AB 1826, AB 876, AB 901, and SB 1383, as it may be amended from time to time, or any order, directive, rule or regulation issued thereunder and which is not corrected or remedied within the time set in the written notice of the violation.

M. Termination of Service. In the case of a breach related to the above sections, and the breach continues for more than thirty (30) days after written notice from the City Manager for the correction thereof, provided that where breach cannot be cured within such thirty (30) day period, Franchisee shall not be in default of this Agreement if the Franchisee shall have commenced such action required to cure the particular breach within ten (10) days after such notice, and it continues such performance diligently until completed within a reasonable time.

N. Termination Liquidated Damages Payable to the City. If this Franchise is terminated by the City for cause as a result of an Event of Default by the Franchisee hereunder, the Franchisee immediately upon receipt of the City’s termination notice shall pay to the City as liquidated damages:

1. All amounts payable to the City by the Franchisee as liquidated damages up to such date of termination,

2. An amount equal to the sum of all increased payments, damages, penalties incurred by or on behalf of the City under Applicable Law as a result of the termination of this Franchise.

O. Adequacy of Termination Liquidation Damages. The parties agree that the City’s actual damages upon the Franchisee’s breach of any of the below described requirements of this Franchise would be difficult or impossible to ascertain, and that the liquidated damages provided for below represent the reasonable endeavor of the parties to agree on the amount of such damages, and such liquidated damages are intended to place the City in an economic position equivalent to that which it would have been if the described breach had not occurred, and that such liquidated damages are not a penalty, and shall constitute the only damages payable by the Franchisee to the City for each such singular breach event. The obligation to pay such liquidated damages shall not impair or limit the obligation of the Franchisee to the City under any other provision of this Franchise, nor shall it limit the ability of the City to elect to terminate this Franchise in the event of any such breach. Now, therefore, the parties have agreed that in the event that Franchisee commits any breach of the Franchise described below, the Franchisee shall pay the City the following liquidated damages within thirty days of the receipt of notice from the City of the City’s imposition of such liquidated damages.

The parties agree that the City’s actual damages upon termination of the Franchisee for cause under Packet Pg. 192 Attachment: RFP (2652 : Consider Releasing Request for Proposals to Collect Solid Waste, Recyclables, & Organic Waste) 67 this Section would be difficult or impossible to ascertain, that the termination liquidated damages provided for in subsection (B) hereof are intended to place the City in an economic position equivalent to that which it would have been in the Event of Default or material breach permitting termination for cause not occurred, and that such termination liquidated damages shall constitute the only damages payable by the Franchisee upon such termination for cause, regardless of legal theory. The obligation to pay such termination liquidated damages shall not impair or limit the obligation of the Franchisee to the City under any other provision of this Franchise which expressly survives termination hereunder.

P. Enforcement Costs. The Franchisee agrees to pay to the City all fees and expenses incurred by or on behalf of the City and the Service Coordinator in enforcing payment or performance of the Franchisee’s obligations hereunder if such non-performance results in a judicially determined Event of Default by the Franchisee.

SECTION 11.04 EVENT OF DEFAULT BY THE CITY
Each of the following shall constitute an Event of Default on the part of the City:

A. Failure to Pay. The failure of the City to pay undisputed amounts due and owing to the Franchisee under this Franchise within ninety (90) days following receipt of a Franchisee invoice, therefore.

B. Other Failure to Perform. Failure or refusal of the City to perform any term, covenant, obligation or condition contained in this Franchise, except that no such failure or refusal shall give the Franchisee the right to terminate this Franchise under this Section unless:

1. The Franchisee has given prior written notice to the City, stating that a specific failure or refusal to perform exists which will, unless corrected, constitute a material breach of this Franchise on the part of the City and which will, in its opinion, give the Franchisee a right to terminate this Franchise for cause under this Section unless such default is corrected within fifteen (15) days; and

2. The City has neither challenged in an appropriate forum the Franchisee’s conclusion that such failure or refusal to perform has occurred or constitutes a material breach of this Franchise nor corrected or diligently taken steps to correct such default within such fifteen (15) day period from receipt of the notice given pursuant to the clause (a) of this subsection (but if the City shall have diligently taken steps to correct such default within a reasonable period of time, the same shall not constitute an Event of Default for as long as the City is continuing to take such steps to correct such default).

C. Enforcement Costs. The City agrees to pay to the Franchisee all fees and expenses incurred by or on behalf of the Franchisee in enforcing payment or performance of the City’s obligations hereunder if such non-performance results in a judicially determined Event of Default by the Franchisee.

Packet Pg. 193 Attachment: RFP (2652 : Consider Releasing Request for Proposals to Collect Solid Waste, Recyclables, & Organic Waste) 68 SECTION 11.05 NO WAIVERS
No action of the City or Franchisee pursuant to this Franchise (including, but not limited to, any investigation or payment), and no failure to act, shall constitute a waiver by either party of the other party’s compliance with any term or provision of this Franchise. No course of dealing or delay by the City or Franchisee in exercising any right, power or remedy under this Franchise shall operate as a waiver thereof or otherwise prejudice such party’s rights, powers and remedies. No single or partial exercise of (or failure to exercise) any right, power or remedy of the City of the Franchisee under this Franchise shall preclude any other or further exercise thereof or the exercise of any other right, power or remedy.

SECTION 11.06 NO CONSEQUENTIAL OR PUNITIVE DAMAGES
In no event shall either party hereto be liable to the other or obligated in any manner to pay to the other any special, incidental, consequential, punitive or similar damages based upon claims arising out of or in connection with the performance or non-performance of its obligations or otherwise under this Franchise, or the material inaccuracy of any representation made in this Franchise, whether such claims are based upon contract, tort, negligence, warranty or other legal theory.

SECTION 11.07 FORUM FOR DISPUTE RESOLUTION
It is the express intention of the parties that all legal actions and proceedings related to this Franchise or to the Franchise Services or to any rights or any relationship between the parties arising there from shall be solely and exclusively initiated and maintained in courts of the State of California in Monterey County or the United States of America having appropriate jurisdiction.

SECTION 11.08 ADMINISTRATIVE REVIEW OF DISPUTES
Either party hereto may give the other party written notice of any dispute with respect to this Franchise. Such notice shall specify a date and location for a meeting of the parties hereto at which such parties shall attempt to resolve such dispute. The Service Coordinator shall keep a record of the proceedings conducted and information presented during such meeting. In the event that such dispute cannot be resolved by the parties hereto within thirty (30) days or seven (7) days if it involves a dispute under Section 8.2 above, the matter may be referred by either party to Legal Proceedings. In the event either party has referred a dispute to any such proceeding, the City may not act to terminate this Franchise for cause except at the conclusion of the meeting of the parties held pursuant to this Section.

SECTION 11.09 CRIMINAL ACTIVITY OF THE FRANCHISEE
Should the Franchisee or any of its officers or directors be “found guilty” of felonious conduct relating to the Franchise Services, or other felonious conduct involving: (1) a price fixing conspiracy in connection with Franchise Services, (2) intentional and illegal transport or Disposal of hazardous or toxic materials generated within the City, or (3) bribery of public officials, the City reserve the right:

Packet Pg. 194 Attachment: RFP (2652 : Consider Releasing Request for Proposals to Collect Solid Waste, Recyclables, & Organic Waste) 69 1. To unilaterally terminate this Franchise; or

2. Exercise all other remedies available to the City as if Franchisee default had occurred; or

3. To impose such other sanctions (which may include financial sanctions, or any other condition deemed appropriate short of termination) as the City and Franchisee shall mutually agree. Such action shall be taken after the Franchisee has been given notice and an opportunity to present evidence in mitigation. The term “found guilty” shall be deemed to include any judicial determination that the Franchisee or any of its officers, directors or employees is guilty, and any admission of guilt by the Franchisee, or any of its officers, directors, or employees including, but not limited to, the pleas of “guilty”, “nolo contendere”, “no contest” or “guilty of a lesser felony” entered as part of any plea bargain. Notwithstanding the foregoing, if such officers, directors or employees are acting in their own behalf in their individual capacities as officers, directors or employees, the Franchisee shall dismiss or remove such officers, directors or employees and take all action necessary, and appropriate; in such event, the Franchisee will not be deemed in breach of this Agreement.

SECTION 11.10 SUSPENSION OR REVOCATION; DISPUTE RESOLUTION The exclusive right to Collect Discarded Materials may be suspended or revoked by the City Manager when the Franchisee violates any provision of this Agreement, City Ordinance, State or federal laws, or any rule or regulation promulgated by a State or federal regulatory agency relating to the Collection or transportation of Discarded Materials. Written notice of suspension or revocation of the Agreement shall be served personally or by registered or certified mail, postage prepaid to the last recorded address of the place of business of the Franchisee. Franchisee shall cease operation within ten (10) days after receipt of said notice unless the Franchisee has been reinstated by the City Manger.

Any person whose Agreement has been revoked or suspended has the right to an appeal hearing before __________. A request in writing shall be made to theCity Clerk within ten (10) days after receipt of notice of suspension or revocation, and the appeal hearing shall be held not later than fourteen (14) days following the receipt of the writen request or such later time as may be required to conduct a properly notice hearing. Written notice of the time, date, and place of the appeal hearing shall be given by the City Clerk to the Franchisee and to the City Manager. A City appeals Board shall render its decision within fifteen (15) days after the close of the appeal hearing and its decision shall be final.

SECTION 11.11 RIGHT TO TERMINATE
Upon default by Franchisee and after the completion of the process, the City shall have the right to terminate this Agreement without need for any additional hearing, suit or legal action.

A. The City incurred considerable time and expense procuring this Agreement in order to secure an improved level and quality of Recycling and compliance with Applicable Law and regulations incuding State Diversion requirements.

Packet Pg. 195 Attachment: RFP (2652 : Consider Releasing Request for Proposals to Collect Solid Waste, Recyclables, & Organic Waste) 70 B. Consistent and reliable franchise services, including Collection of Putrescible Wastes that attract vermin and vectors are of utmost importance to the public health, safty, and well-being of residents and businesses in the City.

C. The liquidated damages in Section 6.09 represent a reasonable estimate of the amount of damages, considering all of the circumstances existing on the effective date of this Agreement, incuding the relationship of the sums to the range of harm to the City that reasonably could be expected and anticipation that proof of actual damages would be costly and inconvenient.

D. In placing their initials at the places provided, each Party specifically confirms the accuracy of the statements made above and the fact that each Party has had ample oportunity to consult with legal counsel and obtain an explanation of the liquidated damage provisions at the time this Agreement was made.

Franchisee City
______________ ________________
E. Assessment. Prior to assessing liquidated damages, City shall give Franchisee notice of its intention to do so. The notice will include a brief description of the incident(s)/non performance.

City may assess liquidated damages for each day or event or reporting period, as appropriate, that Franchisee determined to be non-compliant in accordance with this Agreement.

F. Timing of Payment. Franchisee shall pay any liquidated damages assessed by City within ten (10) days after they are assessed. If they are not paid within ten (10) days, City may exercise any other right or remedy available to the City under this Agreement or at a law or in equity, or any combination of these remedies.

SECTION 11.12 APPLICABILITY TO PARENT COMPANY AND AFFILIATE In the event Franchisee is found to be in default of this Agreement pursuant to Section 9.1 or subject to liquidated damages pursuant to Section 9.6 and City takes any action to suspend, revoke, or terminate this Agreement or assess liquidated damages, City action shall be regarded not only as action against the Franchisee, but also as action against Parent Company and any Affiliates.

Article XII.

OTHER AGREEMENTS OF PARTIES
SECTION 12.01 RELATIONSHIP OF PARTIES
Neither party to this Franchise shall have any responsibility whatsoever with respect to services provided or contractual obligations or liabilities assumed by the other party hereto, whether accrued, absolute; contingent or otherwise, or whether due or to become due. The Franchisee is an independent Franchisee and Franchise holder and nothing in this Franchise shall be deemed to constitute either party a partner, agent or legal representative of the other party or to create any Packet Pg. 196 Attachment: RFP (2652 : Consider Releasing Request for Proposals to Collect Solid Waste, Recyclables, & Organic Waste) 71 fiduciary relationship between the parties.

SECTION 12.02 ASSIGNMENT AND TRANSFER OF FRANCHISE
This Franchise shall not be transferred, sold, pledged, hypothecated, leased, or assigned, nor shall any of the rights or privileges herein be transferred, sold, pledged, hypothecated, leased or assigned, either in whole or in part, nor shall title hereto or thereto, either legal or equitable, or any right, interest, or property herein or therein, pass to or vest in any person, except the Franchisee, either by action or inaction of the Franchisee or by operation of law, without the prior written consent of the City, which may be withheld or delayed in its sole and absolute discretion with or without cause. Any attempt by the Franchisee to effectuate any of the foregoing without the consent of the City shall be null and void. The restrictions in this section shall not apply to transactions between Franchisee and a Franchisee Affiliate.

SECTION 12.03 CHANGE IN FRANCHISE OWNERSHIP OR CONTROL
A. Current Ownership and Control. The Franchisee represents that, as of the Franchise Date, the voting stock of the Franchisee is owned solely by ________________________.

B. Maintenance of Corporate Existence. The Franchisee covenants that during the Term of this Franchise, it will maintain its corporate existence, will not dissolve or otherwise dispose of all or substantially all of its assets, and will not take any other action which would materially impair the ability of the Franchisee to perform the Franchise Service.

C. Consolidation, Merger, Sale, Transfer and Change in Control. The Franchisee shall not, without the prior written consent of the City which may be withheld or delayed in its sole and absolute discretion, acquire any entity, consolidate with or merge with another entity, or permit one or more other entities to consolidate with or merge into it, which results in loss by the Franchisee of operational or voting control of Franchisee.

D. Transfer of Voting Stock. The City’s prior written consent, which may be withheld or delayed in its sole and absolute discretion, shall be required for the sale or transfer by any means, whether by agreement or by operation of law (including transfers resulting from death, bankruptcy or divorce) of any of the voting stock of the Franchisee, which results in loss by the Franchisee of operational or voting control of Franchisee. The restrictions in this section, as well as subsection (C) above shall not apply to transactions between Franchisee and a Franchisee Affiliate.

SECTION 12.04 EFFECT ON PRIOR AGREEMENTS
The parties acknowledge that, as of the Franchise Date, the following agreement is in effect between the City and the Franchisee:
_________________________________________________
SECTION 12.05 COMPLIANCE WITH LAW
The Franchisee shall comply with the rules and regulations governing the operation, use and services of the Designated Disposal Facility, and shall observe and perform all of the terms and Packet Pg. 197 Attachment: RFP (2652 : Consider Releasing Request for Proposals to Collect Solid Waste, Recyclables, & Organic Waste) 72 conditions contained in the State law, the Municipal Code and all other Applicable Law, shall obtain and maintain all Legal Entitlements required for the Operating Assets and the Franchise Services, and shall comply with all valid acts, rules, regulations, order and directions of any governmental body applicable to the Operating Assets and the Franchise Services provided hereunder.

SECTION 12.06 GOVERNING LAW
This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of California and the United States of America.

SECTION 12.07 JURISDICTION
Any lawsuits between the Parties arising out of this Agreement shall be brought and concluded in the courts of the State of California, which shall have exclusive jurisdiction over such lawsuits.

With respect to venue, the Parties agree for purposes of both State and federal court action that this Agreement is made in and will be performed in the County of Monterey, State of California.

SECTION 12.08 BINDING ON SUCCESSORS
The provisions of this Agreement shall inure to the benefit to and be binding on the successors and permitted assigns of the Parties.

SECTION 12.09 PARTIES IN INTEREST
Nothing in this Agreement, whether expressed or implied, is intended to confer any rights on any Persons other than the Parties to it and their representatives, successors, and permitted assigns.

SECTION 12.10 WAIVER
The waiver by either Party of any breach or violation of any provision of this Agreement shall not be deemed to be a waiver of any breach or violation of any other provisions nor of any subsequent breach of violation of the same or any other provision.

The subsequent acceptance by either Party of any monies which become due hereunder shall not be deemed to be a waiver of any preexisting or concurrent breach or violation by the other Party of any provision of this Agreement.

SECTION 12.11 FRANCHISEE’S INVESTIGATION
Franchisee has made an independent investigation, satisfactory to it, of the condition and circumstances surrounding the Agreement and the work to be performed.

SECTION 12.12 NOTICES
Packet Pg. 198 Attachment: RFP (2652 : Consider Releasing Request for Proposals to Collect Solid Waste, Recyclables, & Organic Waste) 73 All notices, demands, requests, proposals, approvals, consents, and other communications which this Agreement require, authorize or contemplate, shall, except as otherwise specifically provided, be in writing and shall be effective when personally delivered to a representative of the Parties at the address below or deposited in the United States mail, first class postage prepaid, addressed as follows:

Any notices or communications required or permitted hereunder to be given to the City or City Representative shall be in writing and shall be sufficiently given only if delivered in person to:

City Manager
City of _______
Address
Any notices or communications required or permitted hereunder to be given to the Franchisee shall be in writing and shall be sufficiently given if delivered in person to the Franchisee at:

Name:

Company:

Address:

Changes in the respective addresses to which such notices may be directed may be made from time to time by any Party by written notice to the other Party. Notices and communications given by mail hereunder shall be deemed to have been given five (5) days after the date of dispatch; all other notices shall be deemed to have been given upon receipt.

SECTION 12.13 NOTICES OF LITIGATION
Each Party shall deliver written notice to the other of any Legal Proceeding to which it is a Party and which questions the validity or enforceability of this Franchise or any other related agreement executed by the City or the Franchisee or any Legal Entitlement issued in connection herewith.

SECTION 12.14 ACTIONS OF THE CITY IN ITS GOVERNMENTAL CAPACITY Nothing in this Franchise shall be interpreted as limiting the rights and obligations of the City in its governmental or regulatory capacity, or as limiting the right of the Franchisee to bring any legal action against the City, not based on this Franchise, arising out of any act or omission of the City in its governmental or regulatory capacity.

SECTION 12.15 AMENDMENTS
Neither this Franchise nor any provision hereof may be changed, modified, amended or waived except by written agreement duly executed by both parties.

SECTION 12.16 INTERPRETATION
In this Franchise, unless the context otherwise requires:

Packet Pg. 199 Attachment: RFP (2652 : Consider Releasing Request for Proposals to Collect Solid Waste, Recyclables, & Organic Waste) 74 A. Gender and Plurality. Words of the masculine gender mean and include correlative words of the feminine and neuter genders and words importing the singular number mean and include the plural number and vice versa.

B. Headings. The table of contents and any headings preceding the text of the Articles, Sections, and subsections of this Franchise shall be solely for convenience of reference and shall not constitute a part of this Franchise, nor shall they affect its meaning, construction, or effect.

C. Reference to Days. All references to days herein are to calendar days, including Saturdays, Sundays and holidays, except as otherwise specifically provided.

D. Entire Franchise. This Franchise contains the entire agreement between the parties hereto with respect to the transactions contemplated by this Franchise and nothing in this Franchise is intended to confer on any person other than the parties hereto and their respective permitted successors and assigns hereunder any rights or remedies under or by reason of this Franchise.

E. Counterparts. This Franchise may be executed in any number of original counterparts.

All such counterparts shall constitute but one and the same Franchise.

F. Severability. If any clause, provision, subsection, Section or Article of this Franchise shall be determined to be invalid by any court of competent jurisdiction, then the parties hereto shall:

Promptly meet and negotiate a substitute for such clause, provision, section or Article which shall, to the greatest extent legally permissible, effect the intent of the parties therein; If necessary, the Parties shall negotiate changes in, substitutions for or additions to the remaining provisions of this Franchise as may be necessary to give effect to the intent of the parties in the invalid provision.

IN WITNESS WHEREOF, the parties hereto have executed this agreement on the dates indicated below.

FRANCHISEE
____________________________________
[Signature must be notarized]
____________________________________
Vice-President of Operations
Packet Pg. 200 Attachment: RFP (2652 : Consider Releasing Request for Proposals to Collect Solid Waste, Recyclables, & Organic Waste) 75 CITY OF SOLEDAD
____________________________________
Mayor
ATTEST:
____________________________________
City Clerk

APPROVED AS TO FORM
____________________________________
City Attorney
Dated: ______________________________

CITY OF GREENFIELD
____________________________________
Mayor
ATTEST:
____________________________________
Name
[Signature must be notarized]
____________________________________
Title

CITY OF GONZALES
____________________________________
Mayor
ATTEST:
____________________________________
City Clerk

APPROVED AS TO FORM
____________________________________
City Attorney
Dated: ______________________________

CITY OF KING
____________________________________
Mayor
ATTEST:

Packet Pg. 201 Attachment: RFP (2652 : Consider Releasing Request for Proposals to Collect Solid Waste, Recyclables, & Organic Waste) 76 ____________________________________
City Clerk

APPROVED AS TO FORM
____________________________________
City Attorney
Dated: ______________________________
____________________________________
City Clerk

APPROVED AS TO FORM
____________________________________
City Attorney
Dated: ______________________________
Packet Pg. 202 Attachment: RFP (2652 : Consider Releasing Request for Proposals to Collect Solid Waste, Recyclables, & Organic Waste) 77 APPENDIX A

SPECIFICATIONS FOR CONTAINERS AND VEHICLES
A. COLLECTION CONTAINERS

1. The Franchisee shall provide industry standard Bins for the storage of material from Commercial Customers, which shall be designated and constructed to be watertight and shall have fitted plastic lids. Bins shall meet all applicable federal regulations on Solid Waste generation safety. Bins shall be provided in sizes 1, 2, 3, 4, 6 and 8 cubic yard capacity.

2. The Franchise shall provide industry standard debris boxes to Commercial Customers, in 20, 30, and 40 cubic yard capacity. Debris boxes shall meet all applicable federal regulations.

3. The Franchisee shall provide wheeled Cart Containers to each Residential SingleFamily Customer and/or applicable Multi-Family Dwellings or Commercial Customers. All Containers shall be made of industry standard materials, have permanent wheels, attached lids, and a handle for easy movement. The Franchisee shall provide Carts at no additional charge in the following sizes.

Solid Waste – 20, 32-48, 64, and 96 gallons
Recycling – 64 and 96 gallons
Organic Waste – 64 and 96 gallons
Food Waste – 20 gallons, 32/35 gallons, and 64 gallons

4. At the direction of the City, the Franchisee shall continue to provide, a 64- or 96- gallon Cart to each Premises, without additional charge, for Recycling per Appendix C. The Carts shall be made of industry standard material, have permanent wheels, attached lids, and a handle for easy movement.

5. Carts shall be clearly labeled to instruct the acceptable material to be placed in the container in accordance with Appendix A. Carts shall be of a different color for each type of usage in accordance with SB 1383.

6. The Franchisee shall distribute the Containers on a schedule determined by the City and the Franchisee.

B. COLLECTION VEHICLES

1. General. Franchisee shall provide a fleet of industry-standard Collection vehicles sufficient in number and capacity to efficiently perform the work required by the Agreement in strict accordance with its terms. The Franchisee agrees to maintain each piece of equipment used by it in the performance of this Agreement in good order and repair. Franchisee shall have available on service days sufficient backup vehicles and qualified operators to respond to complaints and emergencies.

2. Vehicle Identification. The Franchisee’s name, phone number, and vehicle Packet Pg. 203 Attachment: RFP (2652 : Consider Releasing Request for Proposals to Collect Solid Waste, Recyclables, & Organic Waste) 78 identification number must be visibly displayed on its vehicles in letters and figures no less than three inches high.

3. Cleaning and Maintenance. Franchisee shall maintain all of its properties, facilities, and equipment used in providing service under this Agreement in a safe, neat, clean and operable condition at all times, and shall keep its equipment well and uniformly painted, to the satisfaction of the City. Vehicles shall be maintained in such a manner that no leakage of fluids from the collected materials occurs.

A. Cleaning: Vehicles used in the Collection shall be thoroughly washed as provided in this Agreement, and thoroughly steam cleaned on a regular basis so as to present a clean appearance and minimize odors. All vehicles shall be painted on a regular schedule to maintain a clean, professional appearance. The vehicles shall be painted in a uniform manner; although Solid Waste, Recycling, and Organic Waste vehicles may have different painting schemes. All graffiti shall be removed immediately. The City may inspect vehicles during normal business hours to determine compliance with sanitation requirements. Franchisee shall make vehicles available to the County Health Department for inspection at any frequency it requests.

B. Maintenance: Franchisee shall (i) inspect each vehicle daily to ensure that all equipment is operating properly; and (ii) perform all scheduled maintenance functions in accordance with the manufacturer’s specifications and schedule. Vehicles which are not operating properly shall be taken out of service until they are repaired and do operate properly. Franchisee shall keep accurate records of all vehicle maintenance, recorded according to date and mileage, and shall make such records available to the City upon request.

C. Repairs: Franchisee shall repair, or arrange for the repair of, all of its vehicles and equipment, including major dents, leaks, and other body damage, for which repairs are needed because of accident, breakdown or any other cause so as to maintain all equipment in a neat, safe and operable conditions. If an item of repair is covered by a warranty, Franchisee shall obtain warranty performance. Franchisee shall maintain accurate records of repair, which shall include date/mileage, nature of repair and the signature of a maintenance supervisor that the repair has been properly performed.

D. Inventory: Franchisee shall furnish sufficient equipment to provide all service required under this Agreement, including backup Collection vehicles. Franchisee shall furnish the City a written inventory of all vehicles, including Collection vehicles, used in providing service, upon request. The inventory shall list all vehicles by manufacturer, Franchisee identification number, Authority identification number, date of acquisition, depreciated life, type, capacity, and decibel rating.

E. Storage: Franchisee shall arrange to store all vehicles and other equipment in safe and secure location(s) in accordance with City applicable zoning regulations.

4. Operation. All vehicles must be registered with the Department of Motor Vehicles of the Packet Pg. 204 Attachment: RFP (2652 : Consider Releasing Request for Proposals to Collect Solid Waste, Recyclables, & Organic Waste) 79 State of California and inspected by the California Highway Patrol at the frequency required by the state. Vehicles shall be operated in compliance with the California Vehicle Code and all applicable safety and local ordinances.

Franchisee shall not load Collection vehicles in excess of the manufacturer’s recommendations or limitations imposed by state or local weight restrictions on vehicles.

Franchisee shall use all reasonable means to minimize any backing of Collection vehicles on public streets.

Packet Pg. 205 Attachment: RFP (2652 : Consider Releasing Request for Proposals to Collect Solid Waste, Recyclables, & Organic Waste) 80 APPENDIX B

SERVICE FEE SCHEDULE
Packet Pg. 206 Attachment: RFP (2652 : Consider Releasing Request for Proposals to Collect Solid Waste, Recyclables, & Organic Waste) 81 APPENDIX C

PUBLIC CONTAINERS, CITY FACILITY LOCATIONS AND SPECIAL EVENTS Packet Pg. 207 Attachment: RFP (2652 : Consider Releasing Request for Proposals to Collect Solid Waste, Recyclables, & Organic Waste) 82 APPENDIX D

PUBLIC OUTREACH AND EDUCATION INFORMATION AND REQUIREMENTS Public Education Workplan: Franchisee shall provide the City with an initial Public Education Plan for the first year of service for City approval by __________, designed to inform all current and potential Customers of new programs available under this Agreement, implementation schedule and other related information necessary to assure a smooth transition to the services include hereunder.

Franchisee and the City shall meet annually prior to the beginning of the next Franchise Year to develop the public education workplan for the upcoming Franchise Year. The workplan shall detail interactions with public schools, Multi-Family Dwelling units, businesses, and special events, including identification of additional services, for that year. Information produced herein will be made available in both English and Spanish as appropriate to the target audience. Each of the resulting work products shall be subject to review and approval by the City. Each annual workplan shall not result in materially higher costs to Franchisee, as compared to the initial annual workplan.

Outreach Materials, Presentations and Tours: Franchisee shall produce a minimum of two (2) bilingual newsletters in English and Spanish per year. Franchisee shall develop materials, articles, and graphics for the newsletters relating to services offered or new services added, including but not limited to; Food Waste collection program, announcements of Annual City Cleanups, holiday tree Recycling, sale of home Composting Bins, composting workshops, or used motor oil and filter collection. The Franchisee shall fund and arrange for a graphic designer to design the newsletters, newsletter printing, and mailing services for distribution of the newsletter to all residents and businesses, a minimum of two (2) issues of each newsletter annually.

Franchisee shall provide out dial telephone messages in both English and Spanish to inform customers of holiday schedule and curbside holiday tree pickup, and Food Waste Collection program and/or sale of home Composting bins, used motor oil and filter Collection, and used household battery Collection, as well as locations for Annual City Cleanups and up to one (1) other Cart notification tag annually if requested by the City.

Franchisee shall fund and provide at least two (2) waste reduction and Recycling presentations per Franchise Year at schools mutually agreed upon between Franchisee and the City. The presentations shall contain specific age-appropriate curriculum similar to EcoHero or Rock Steady Juggling Presentations (or equivalent) or literature from a credible publisher such as CalRecycle, the California Resource Recovery Association, or similar agency approved by the City.

Franchisee shall provide tours of Franchisee facilities to schools and civic groups. Franchisee shall provide recycling and other waste management services for schools, Multiple-Family Dwelling Customers, businesses, and special event activities. Franchisee shall retain qualified, bilingual, in English and Spanish,staff dedicated to public education. Franchisee staff shall work in conjunction with the City to perform and conduct waste assessments, outreach activities, and implement waste reduction and Recycling programs in accordance with the public education workplan.

Franchisee shall fund and provide staff for community events, booths, and/or information tables Packet Pg. 208 Attachment: RFP (2652 : Consider Releasing Request for Proposals to Collect Solid Waste, Recyclables, & Organic Waste) 83 at the City’s annual Health and Safety Fair or similar events. Franchisee shall provide adequate quantities of educational materials for each event.

Franchisee shall produce separate service brochures for Cart and Bin customers, to be updated as needed, and distribute these to all new Customers, and upon request by existing Customers.

Franchisee shall make available instructional Cart and Bin labels indicating types of allowed materials. All labels shall be approved in advance by the City. Franchisee shall provide updated instructional labels on all Carts and Bins whenever there is a substantial change affecting items currently acceptable and/or not acceptable for Recycling, Yard Waste, Food Waste, and/or Solid Waste collection.

The Franchisee shall conduct audits to identify residents and businesses not using mandatory Franchise Services, a minimum of once per year. The audit results shall be submitted to the City for review.

The Franchisee shall sponsor a full Customer survey, a minimum of every two (2) years, or less frequently as determined by the City, of residences and business regarding participation rates with waste Diversion services and programs.

The content of all outreach and educational information referenced in this Franchise Agreement shall be submitted to the City for advanced approval prior to preparation of final copy-ready master documents.

Recycled Content: Franchisee shall provide all printed outreach and education materials on a minimum of 30% post-consumer Recycled content paper when available. Franchisee shall provide all promotional items made from Recycled Material including but not limited to recycled plastic, metal, paper, etc., when available.

Packet Pg. 209 Attachment: RFP (2652 : Consider Releasing Request for Proposals to Collect Solid Waste, Recyclables, & Organic Waste) 84 APPENDIX E

ROUTING & COLLECTION SYSTEM
Packet Pg. 210 Attachment: RFP (2652 : Consider Releasing Request for Proposals to Collect Solid Waste, Recyclables, & Organic Waste) 85 APPENDIX F

REQUIRED INSURANCE SCOPE AND LIMITS
Franchisee shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by Franchisee, its agents, representatives, employees, or subFranchisees. With respect to General Liability, Errors & Omissions and Pollution and/or Environmental Impairment Liability coverage should be maintained for a minimum of five (5) years after contract completion. The maintenance of claims made against any insurance required of Franchisee shall not be considered a waiver by the City of any claim or liabilities it may have against Franchisee.

A. Minimum Scope of Insurance: Coverage shall be at least as broad as:

1. Insurance Services Office form number GO 0002 (Ed. 1/73) covering comprehensive General Liability and Insurance Services Office form number GO 0404 covering Broad Form Comprehensive General Liability; or Insurance Services Office Commercial General Liability coverage (“Occurrence” form CG 0001.).

2. Insurance Services Office form number CA 0001 (Ed. 1/78), covering Automobile Liability, code 1 (any auto) and endorsement CA 0025.

3. Worker’s Compensation Insurance as required by the State of California and Employer’s Liability Insurance.

4. Pollution and/or Environmental Impairment Liability.

B. Minimum Limits of Insurance: Franchisee shall maintain limits no less than:

1. General Liability: $5,000,000 combined single limit per occurrence for bodily injury, personal injury, and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: $3,000,000 combined single limit per accident for bodily injury and property damage.

3. Worker’s Compensation and Employer’s Liability: $1,000,000 each accident, $1,000,000 policy limit bodily injury or disease, $1,000,000 each employee bodily injury by disease.

4. Pollution and/or Environmental Impairment Liability: $3,000,000 each occurrence/$10,000,000 policy aggregate covering liability arising from the release of waste materials and/or irritants, contaminants or pollutants. Such coverage shall, if commercially available, without involvement of the City, automatically broaden in its form of coverage to include legislated changes in the definition of waste materials and/or irritants, contaminants or pollutants. The policy shall stipulate this insurance is primary and no other insurance carried by the City will be called upon to contribute to a loss suffered by Franchisee hereunder and waive subrogation against the City and other additional insureds.

Packet Pg. 211 Attachment: RFP (2652 : Consider Releasing Request for Proposals to Collect Solid Waste, Recyclables, & Organic Waste) 86 C. Deductible and Self-Insured Retentions: Any deductibles or self-insured retentions shall be for the account of the Franchisee and paid entirely by Franchisee without contribution from the City.

D. Other Insurance Provisions:

1. The policies are to contain, or be endorsed to contain, the following provisions:
a. The City, their officers, officials, employees and volunteers are to be covered as additional insureds with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of Franchisee; and with respect to liability arising out of work or operations performed by or on behalf of Franchisee including materials, parts or equipment furnished in connection with such work or operations; Pollution and/or Asbestos Pollution.
b. Franchisee’s insurance coverage shall be primary insurance as respects the City, their officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, their officers, officials, employees, agents, or volunteers shall be excess of Franchisee’s insurance and shall not contribute with it but only as respects the services provided by Franchisee under this Agreement.
c. Each insurance policy required by this clause shall be occurrence-based, except for Pollution/Environmental Impairment which may be written on a claim made basis and shall be endorsed to state that coverage shall not be canceled by the Insurer except after thirty (30) days prior written notice has been given to the City.
d. Franchisee’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.
e. The Automobile Liability policy shall be endorsed to delete the Pollution and/or the Asbestos exclusion and add the Motor Carrier Act endorsement (MCS-90), TL 1005, TL 1007, and/or other endorsements required by federal or state authorities.
f. Worker’s Compensation and Employers Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, their officers, officials, employees, and volunteers for losses arising from work performed by the Franchisee for the City.
g. All Coverages. Each insurance policy required by this clause shall be occurrence-based except for Pollution/Environmental Impairment which may be written on a claim made basis and endorsed to state that coverage shall not be canceled except after thirty (30) days prior written notice has been given to the City.

E. Acceptability of Insurers: Insurance is to be placed with insurers with a current A.M.

Best’s rating of no less than A:VII, if admitted. If pollution and/or Environmental Impairment Packet Pg. 212 Attachment: RFP (2652 : Consider Releasing Request for Proposals to Collect Solid Waste, Recyclables, & Organic Waste) 87 and/or errors and omissions coverages are not available from an “Admitted” insurer, a NonAdmitted insurance company may write the coverage. A Non-Admitted company should have an A.M. Best’s rating of A:X or higher.

F. Verification of Coverage: As provided in Article 3.10.D and Exhibit I Franchisee shall furnish the City with certificate of insurance and the required endorsements evidencing coverage required by this clause. The certificates/endorsements are to be signed by a person authorized by that Insurer to evidence coverage on its behalf. All certificates/endorsements are to be received and approved by the City before work commences.

G Sub-Franchisees: Franchisee shall include allsub Franchisees as insureds under its policies or shall furnish separate certificate sand endorsements for each sub Franchisee. All coverages for sub Franchisees shall be subject to all the requirements stated herein.

H. Other Provisions:

1. Franchisee shall comply with reporting and other provisions of the policies so that coverage afforded to the City, their officers, officials, agents, employees and volunteers are not affected.

2. The City, their officers, officials, agents, employees, and volunteers shall be named as additional insureds on all policies except Workers’ Compensation/Employers Liability.

A copy of all relevant insurance certificates shall be attached hereto.

Packet Pg. 213 Attachment: RFP (2652 : Consider Releasing Request for Proposals to Collect Solid Waste, Recyclables, & Organic Waste) 88 APPENDIX G

FORM OF PERFORMANCE BOND
COMPANY (Name and Address):

SURETY (Name and Principal Place of Business):

CITY (Name and Address): City of ________, California
OPERATION CONTRACT (Franchise Agreement)
Date:

Amount:

Description (Name and Location):

BOND
Date:

Amount: $1,000,000
Expiration Date: June 30, 2036, renewed annually
Modifications to this Bond: None

COMPANY AS PRINCIPAL SURETY
Name:____________________________ Name:____________________________ (Corporate Seal) (Corporate Seal)
Signature:_________________________ Signature:_________________________ Name and Title:____________________ Name and Title:____________________ (Any additional signatures and addresses appear on attached page(s)) (FOR INFORMATION ONLY - Name, Address and Telephone)
AGENT or BROKER: CITY’S REPRESENTATIVE
(Architect, Engineer or other party):

Packet Pg. 214 Attachment: RFP (2652 : Consider Releasing Request for Proposals to Collect Solid Waste, Recyclables, & Organic Waste) 89 1. The Company and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the City for the performance of the Operation Contract, which is incorporated herein by reference.

2. If the Company timely and completely performs the Operation Contract, the Surety and the Company shall have no obligation under this Bond, except to participate in conferences as provided in subparagraph 3.1.

3. If there is no City Default, the Surety’s obligation under this Bond shall arise after:

3.1. The City has notified the Company and the Surety at its address described in Paragraph 10 below that the City is considering declaring a Company Default and requested a conference with the Company and the Surety to discuss the performance of the Operation Contract; and

3.2. The City has declared a Company Default and sent a notice to the Company and the Surety formally electing to terminate the Company’s right to complete the performance of the work under the Operation Contract; and

3.3. The City has agreed (subject to Paragraph 5 hereof) to pay the Balance of the Contract price to the Surety in accordance with the terms of the Operation Contract or to a Franchisee selected to perform the remaining work under the Operation Contract in accordance with the terms of the Operation Contract with the City.

4. When the City has satisfied the conditions of Paragraph 3, the Surety shall promptly and at the Surety’s expense take one of the following actions:

4.1. Arrange for the Company, with the consent of the City, to perform and complete the Operation Contract; or

4.2. Undertake to perform and complete the Operation Contract itself, through its agents or through qualified independent Franchisees; or

4.3. Obtain bids or negotiated proposals from qualified Franchisees acceptable to the City for a contract for performance and completion of the Operation Contract, arrange for a contract to be prepared for execution by the City and the Franchisee selected with the City’s concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Operation Contract, and pay to the City the amount of damages as described in Paragraph 6 in excess of the Balance of the Contract Price incurred by the City resulting from the Company’s default; or

4.4. Waive the right to perform and complete, arrange for completion, or obtain a new Franchisee and with reasonable promptness under the circumstances:
(1) After investigation, determine the amount for which it may be liable to the Packet Pg. 215 Attachment: RFP (2652 : Consider Releasing Request for Proposals to Collect Solid Waste, Recyclables, & Organic Waste) 90 City and, as soon as practicable after the amount is determined, tender payment therefore to the City; or
(2) Deny liability in whole or in part and notify the City citing reasons therefore

5. If the Surety does not proceed as provided in Paragraph 4 with reasonable promptness (and in any event within the 45-day period commencing on the receipt by the Surety of the notice referred to in subparagraph 3.2 hereof), the Surety shall be deemed to be in default on this Bond and without further notice the City shall be entitled to enforce any remedy available to the City, including without limitation arranging for the work under the Operation Contract to be completed by a qualified Franchisee or Franchisees selected by the City and seeking compensatory damages from the Surety. If the Surety proceeds as provided in subparagraph 4.4, and the City refuses the payment tendered or the Surety has denied liability, in whole or in part, without further notice the City shall be entitled to enforce any remedy available to the City, including without limitation arranging for the work under the Operation Contract to be completed by a qualified Franchisee or Franchisees selected by the City and seeking compensatory damages from the Surety.

6. After the City has terminated the Company’s right to complete the Operation Contract, and if the Surety elects to act under Subparagraph 4.1, 4.2, or 4.3 above, then the responsibilities of the Surety to the City shall not be greater than those of the Company under the Operation Contract, and the responsibilities of the City to the Surety shall not be greater than those of the City under the Operation Contract. To the limit of the amount of this Bond, but subject to commitment by the City of the Balance of the Contract Price to mitigation of costs and damages on the Operation Contract, the Surety is obligated without duplication for:

6.1. The responsibilities of the Company for the collection of Franchise Materials in accordance with the Operation Contract;

6.2. Additional legal, design, professional, and delay costs resulting from the Company Default, and resulting from the actions or failure to act of the Surety under Paragraph 4; and

6.3. Liquidated damages, or if no liquidated damages are specified in the Operation Contract, actual damages caused by delayed performance or nonperformance of the Company.

7. The Surety shall not be liable to the Company or others for obligations of the Company that are unrelated to the Operation Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the City or its heirs, executors, administrators or successors.

8. The Surety hereby waives notice of any change, including changes of time, to the operation Contract or to related subcontracts, purchase orders and other obligations.

9. Any proceeding, legal or equitable, under this Bond may be instituted in any court of Packet Pg. 216 Attachment: RFP (2652 : Consider Releasing Request for Proposals to Collect Solid Waste, Recyclables, & Organic Waste) 91 competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after Company Default or within two years after the Company ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable.

10. Notice to the Surety, the City, or the Company shall be mailed or delivered to the address shown on the signature page.

11. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted here from and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein.

12. DEFINITIONS

12.1. Balance of the Contract Price: The total amount due and payable by the City to the Company under the Operation Contract after all proper adjustments have been made, including allowance to the Company of any amounts received or to be received by the City in settlement of insurance or other claims for damages to which the Company is entitled, reduced by all valid and proper payments made to or on behalf of the Company under the Operation Contract.

12.2. Operation Contract: The Franchise Services Agreement between the Company and the City, effective July1, 2025.

12.3. Company Default: Failure of the Company, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Operation Contract, including, without.

12.4. City Default: Failure of the City, which has neither been remedied nor waived, to pay the Company as required by the Operation Contract to perform and complete or comply with the other terms thereof, which failure must be sufficiently serious to justify a termination of the Operation Contract, including, without limitation, an Event of Default of the City, as defined in the Co-Operation Agreement.

Packet Pg. 217 Attachment: RFP (2652 : Consider Releasing Request for Proposals to Collect Solid Waste, Recyclables, & Organic Waste) 92 MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:

This Bond has been entered into to bind the Surety and the Company, as principal, unto City of King, City of Greenfield, City of Gonzales, and City of Soledad, it successors and assigns, in the penal sum of ONE MILLION DOLLARS($1,000,000), lawful money of the United States of America, for the payment of which said sum of money well and truly to be made, the Surety and the Company bind themselves, their successors and assigns in such sum “jointly and severally” and well as “severally only” for the purpose of allowing a joint action or actions against any or all of them and for all other purposes, each bindsitself, its successors and assigns, jointly and severally to the City, its successors and assigns for the payment of such sums as to which the Company or the Surety may become obligated to pay under this Performance Bond. (Space is provided below for additional signatures or added parties, other than those appearing on the cover page.)

COMPANY AS PRINCIPAL SURETY
Name:____________________________ Name:____________________________ (Corporate Seal) (Corporate Seal)
Signature:_________________________ Signature:_________________________ Name and Title:____________________ Name and Title:____________________ Packet Pg. 218 Attachment: RFP (2652 : Consider Releasing Request for Proposals to Collect Solid Waste, Recyclables, & Organic Waste) 93 APPENDIX H
Reporting Requirements
The Franchisee shall comply with the following reporting requirements for the duration of the Franchise Term.
• Prior to the initial preparation of the reports required by this Agreement Franchisee shall consult with the City to establish the format and data definitions for each report that best meets the City’s needs.
• All reports shall be submitted electronically unless otherwise specified. • Electronic reports shall be in a PC-based Excel, or Excel-compatible format or any other mutually agreed upon format.
• Reports shall be submitted by the 25th of each month following the reporting period unless otherwise specified.
• Franchisee shall provide the City with on-request reports within thirty (30) working days of request; provided such reports do not result in additional costs to Franchisee. • All reports shall be on a Calendar Year (January 1 – December 31) basis.

A. Solid Waste Data

1. Residential Collection Services:

Monthly
a. Total Tons collected and delivered to Disposal facilities.

Quarterly
a. Total number of service accounts by service classification level.

Upon Request
a. By route: number of daily setouts,
b. By route: Tons Collected and delivered to Disposal facilities, c. Truck identification number for each daily route,
d. By route: number of service accounts by service classification level, e. By route: number of Collection Containers distributed by size, f. Total number of Collection Containers distributed by size.

2. Commercial Collection Services
Monthly
a. Total Tons collected and delivered to Disposal facilities.

Packet Pg. 219 Attachment: RFP (2652 : Consider Releasing Request for Proposals to Collect Solid Waste, Recyclables, & Organic Waste) 94 Quarterly
a. Total number of service accounts by service classification level.

Upon Request
a. By route: Tons Collected and delivered to Disposal facilities, b. Truck identification number for each daily route,
c. By route: number of service accounts by service classification level (size & frequency),
d. By route: number of Collection Containers distributed by size, e. Total number of Collection Containers distributed by size.

3. City Services (Cities Facilities / Public Containers / Cleanup Events) Monthly
a. By location: Tons Collected from Roll-off Bins and delivered to Disposal facilities, and
b. Number of Collection Containers serviced by size, location and route.

B. Organic Waste Data

1. Residential Collection Services
Monthly
a. Total Tons collected and delivered to Disposal facilities.

Quarterly
a. Total number of service accounts by service classification level.

Upon Request
a. By route: number of daily setouts,
b. By route: gross Tons Collected daily,
c. Truck identification number for each daily route,
d. By route: weekly participation Rates in terms of weekly set out counts, e. Monthly participation Rates based on a methodology to be agreed upon by the City and Franchisee,
f. Total setouts and tonnages, monthly by route and total monthly, g. By route: number of service accounts by service classification level, and h. Number of Collection Containers distributed by size and Customer type (Cart/Bin), including home Composting and worm bins.

Packet Pg. 220 Attachment: RFP (2652 : Consider Releasing Request for Proposals to Collect Solid Waste, Recyclables, & Organic Waste) 95 2. Commercial Collection Services
Monthly
a. Total Tons Collected and delivered to Disposal facilities.

Quarterly
a Commercial Cart Customers (w/Organic Waste) included with residential Cart customer reporting.

Upon Request
a. By route: number of service accounts by Container size, b. By route: number of daily setouts (Collected by cart Collection vehicle - Organic Waste not offered as part of franchise Bin service), c. Method for separate tracking of quantities from Bin Customers with Organic Waste service to be determined.

C. Recycling Data

1. Residential Collection Services
Monthly
a. Total Tons Collected by material type and delivered to Recycling facilities.

Quarterly
a. Total number of service accounts by Container type.

Upon Request
a. By route: number of daily setouts,
b. By route: gross Tons Collected daily,
c. Truck identification number for each daily route,
d. By route: weekly participation rates in terms of weekly set out counts, e. Monthly participation Rates based on a methodology to be agreed upon by the City and Franchisee,
f. Total setouts and tonnages, by material category, monthly by route and total monthly,
g. By route: number of service accounts by Container type (Cart/Bin), and h. Number of Collection containers distributed by size and Customer type (Cart/Bin).

Packet Pg. 221 Attachment: RFP (2652 : Consider Releasing Request for Proposals to Collect Solid Waste, Recyclables, & Organic Waste) 96 2. Commercial Collection Services
Monthly
a. Total Tons Collected by material type and delivered to Recycling facilities.

Quarterly
a. Total number of service accounts by service classification level service, and b. AB 341, SB 1383 and AB 1826 reporting shall include participation rates for all Commercial, Industrial and Multi-Family Dwelling accounts. See example below:

AB 341, AB 1826, & SB
1383Compliance Reports
Total Number of Businesses
Customers
Businesses with 4CY+/Week
With Recycling
W/O Recycling
Business Compliance Rate
Businesses with 2CY+/Week
With Organic Waste
W/O Organic Waste
Business Compliance Rate
Multiple Dwelling 5+ Units
With Recycling
W/O Recycling
With Organic Waste
W/O Organic Waste
Multiple Dwelling
Compliance Rate
Education and Outreach
Report
Number of waste
assessments
Number of phone calls and
letters
Number and type of other Ed
& Outreach
Packet Pg. 222 Attachment: RFP (2652 : Consider Releasing Request for Proposals to Collect Solid Waste, Recyclables, & Organic Waste) 97 Upon Request
a. By route: gross tons Collected daily by material category/type (single stream and commingled),
b. Truck identification number for each daily route,
c. Total tonnages, by material type, monthly by route and total monthly, d. By route: number of service accounts by service classification level service, e. Number of Collection Containers distributed by size and customer type (Cart/Bin).

3. City Services / Public Recycling Containers / Cleanup Events - Collection City
Quarterly (for each sector listed above)
a. By location: Tons Collected by material category/type (single stream and commingled) and delivered to processing facility,
b. Number of Recycling Collection Containers serviced by size, material type and location.

4. Processing and Marketing Services - Monthly
a. By material type (and grade where appropriate): monthly totals of quantities processed,
b. By material type (and grade where appropriate): monthly totals of quantities sold; specify purchaser name and location, price received per ton and total payment,
c. By material type: quantities donated or otherwise disbursed without compensation,
d. Monthly quantity of processing Residue and characterize (in manner defined by the City),
e. Describes and quantify any contamination problems, reject loads, etc., f. Method for tracking separately- by collection origin- quantities processed and sold, by material type.

5. Summary Report Format – Monthly
a. Summary reports should be separated by line of business (residential, Commercial, Multi-Family, industrial/drop box) and should include calculated recovery rates, including residuals, and an overall recovery rate of services. See example below:

D. Praises, Complaints, Missed Pickups and Resolutions - Quarterly a. Summarize any praises and complaints received in such month b. Complaints which require the payment by the Franchisee of liquidated damages Packet Pg. 223 Attachment: RFP (2652 : Consider Releasing Request for Proposals to Collect Solid Waste, Recyclables, & Organic Waste) 98 pursuant to this Agreement, and
c. Written record of all calls related to missed pickups and responses to such calls E. Public Education and Information – Quarterly
a. Summary description of public education and information activities undertaken b Distribution of individual Customer literature, Collection notification tags, community information and events, tours and other activities as identified in Appendix F of this Franchise, and
c. Describes any perceived needs for publicity or public education.

F. Problems and Actions Taken – Quarterly
a. Summary narrative of problems encountered with Collection and processing activities and actions taken,
b. Type and number of notification tags left at Customer accounts, c. Instances of and responses to property damage or injury, poaching or scavenging, significant changes in operation, market factors, and
d. Description of processed material loads rejected for sale, reason for rejection and disposition of load after rejection.

G. Annual Report Submittals
Annual reports shall be submitted no later than ninety (90) days following the end of the Franchise Year.

I. Annual Report Contents
a. Summarizes the numerical information contained in the monthly and/or quarterly reports,
b. Complete inventory of Collection and major processing equipment including stationary, and rolling stock, Collection Containers by type and size, c. Discuss public awareness activities and their impact on Recycling and Organic Waste participation and recovered amounts,
d. Analysis of Collection, processing and marketing problems or conditions (participation, set outs, contamination, market trends, etc.) and possible solutions, e. Summarize Customer complaints or comments to convey any trends or developing situations.

H. Additional Reports.
a. Monthly- Overage-fees charged to all Customer types for Solid Waste and Organic Waste overage Collection per Section 4.1 B.5,
b. Monthly- Drop Box Charges- fees charged to all Customer types for Drop-Box services per Section 4.1 C.3,
c. Monthly- Bulky Item Fees- fees charged to all Customer types for the Collection Packet Pg. 224 Attachment: RFP (2652 : Consider Releasing Request for Proposals to Collect Solid Waste, Recyclables, & Organic Waste) 99 of Bulky Items and excess amounts of Franchise Materials, and d. Financial reports pursuant to Section 6.3 and any additional monthly or annual reports as may be required to set forth all information required under the Act or otherwise by the City pertaining to the Recycling and Diversion of Franchise Materials which is Collected and/or processed by the Franchisee. Said reports shall be in the form required by the City and shall categorize Recycling and Diversion activity in the manner required by the City.

Packet Pg. 225 Attachment: RFP (2652 : Consider Releasing Request for Proposals to Collect Solid Waste, Recyclables, & Organic Waste) 100

APPENDIX I

STREET SWEEPING
In accordance with Section 5.09.K, it is the responsibility of the Franchisee to provide street sweeping services to the Cities upon request. If street sweeping is provided to the Cities’ by the Franchisee, the Cities will provide a dedicated water supply, sufficient space for Drop-Box storage and payment of all fees for disposal of debris produced by street sweeping activities. Accordingly, the following minimum requirements must be met by the Franchisee:

1. Equipment:
a. Street Sweeping service shall be provided, by Franchisee with Franchisee equipment and personnel. The Franchisee shall have the right to subcontract this service with the approval by the City Manager(s) or their designee(s).
b. Water from the sweeper’s water system shall be used during all sweeping to provide dust suppression and prevent unnecessary wear to moving parts or vacuum apparatus. c. Street Sweepers used as part of this Franchise must meet California Air Resources Board requirements, as well as compliance with Article V of this Franchise.

2. Operations:
a. Establish and maintain a continuous level of cleanliness of Cities’ streets in order to assure protection of the health, safety and welfare of the community. b. Clean Cities’ streets in a systematic and coordinated manner that compliments solid waste collection and other Cities’ services, by use of a routing system that provides high-level street cleaning practices while maintaining acceptable costs. Routes shall be agreed upon and change as growth occurs. Appendix E shall include the residential, Commercial and industrial routes for each City. All Parties agree to work in good faith on changes to routes.
c. All streets shall be swept along paved surfaces for the full length and width of the shoulder where there is either a raised curb or gutter, median or median barrier to the end of the pavement.
d. Streets shall be maintained clean and free of debris commensurate with the number of parked cars and access to the curb and gutter for cleaning. This may require two passes of an area at the discretion of the operator if sufficient time is available for completion of the sweeping route.
e. When feasible, leave routes to sweep around schools and neighborhood areas where sweeping cannot be accomplished after school begins.
f. Emergency response (accidents/spills).

Packet Pg. 226 Attachment: RFP (2652 : Consider Releasing Request for Proposals to Collect Solid Waste, Recyclables, & Organic Waste) 101
g. Additional limited sweeping support of facility parking lots upon request for parks/community center/libraries.
h. Disposal of debris from street sweeping shall be the responsibility of the Franchisee.

Franchisee agrees to work with Cities for sampling the material removed from streets if required or desired.
i. Cities may determine that some areas in their community should be swept more frequently in exchange for less frequently in another area. If the areas are approximately equal in, there shall be no changes for this exchange of frequency. j. The Cities may order the suspension of sweeping/cleaning operations whenever, in their judgment, current or impending weather conditions are such that sweeping/cleaning cannot be carried out in a safe and/or effective manner.

3. Schedule:
a. Residential streets shall be swept once every week between the hours of 5:00 am and 5:00 pm on the day of or the first Business Day after Solid Waste collection. b. Commercial streets shall be swept once every week between the hours of 5:00 am and 5:00 pm.

4. Records:
a. Records shall be maintained recording the daily cubic yards or Tons of debris Collected from each street sweeper.
b. Records shall be maintained recording the number of curb miles swept.

5. Customer Service:
a. The Franchisee maintains a 24-hour phone number to accept residential concerns or complaints regarding the street sweeping program.
b. Response to resident complaints or concerns shall, whenever possible, occur the same day.

6. Fees
The Franchisee shall, without charge or compensation, provide weekly street sweeping services to each City on the day of or the first working day following each Residential Collection route. If additional street sweeping services are required by any of the Cities, each City may negotiate an independent contract to compensate the Franchisee.

Packet Pg. 227 Attachment: RFP (2652 : Consider Releasing Request for Proposals to Collect Solid Waste, Recyclables, & Organic Waste) 102

APPENDIX J

ANNUAL SERVICE RATE CAP ADJUSTMENT CALCULATIONS
Packet Pg. 228 Attachment: RFP (2652 : Consider Releasing Request for Proposals to Collect Solid Waste, Recyclables, & Organic Waste) 103

APPENDIX K

COMPOSITION AUDITS
Composition Audits of the Franchise Recyclable Materials will determine the percentage of each category of material found in the Franchise Recyclable Materials Collected under the Agreement.

The protocol for conducting audits will consist of the following standards:
a) Franchisee will weigh each receptacle before the Composition Audit begins to establish an accurate tare weight for each receptacle before weighing each component sample. After the Collection vehicle empties the entire load onto the tip floor, a random sample will be selected from the pile, from which a minimum one hundred (100) pound (approximately 1.5 cubic yards), random sample will be removed. Five (5), one hundred (100) pound, random samples of Franchise Recyclable Materials (from different routes, different times of day, and different days of the week) will be segregated, sorted, and weighed (each, an “audit”). The samples will then be transported to the sorting area and hand sorted. Components will be sorted into Bins and/or carts based on the material type and size, and each material will be weighed to the nearest tenth of a pound. After all samples have been collected, weighed, and recorded, composition and quantity estimates of the Franchise Recyclable Materials are calculated and recorded. The results of the audits of such samples shall be averaged and used to calculate the inbound composition of the Franchise Recyclable Materials (the “Composition Audit”). b) Franchisee shall conduct a Composition Audit during the first thirty (30) days of the Agreement to establish the initial inbound composition of the Franchise Recyclable Materials, the results of which shall be retroactive to the first date Franchise Recyclable Materials are collected.
c) Additional Composition Audits will be undertaken as Franchisee reasonably deems necessary upon notice to the City. City may also request a Composition Audit not more than twice per twelve- (12-) month period during the Term.
d) Franchisee will notify City in advance of all prospective Composition Audit dates and times at least one (1) week prior to undertaking a Composition Audit. City may have a representative present at the Composition Audit.

Packet Pg. 229 Attachment: RFP (2652 : Consider Releasing Request for Proposals to Collect Solid Waste, Recyclables, & Organic Waste) City of Gonzales

CITY MANAGER DEPARTMENT

STAFF REPORT
TO:

DATE:

FROM:

Honorable Mayor Rios and City Council
March 6, 2023
Trevin W. Barber, City Manager
SUBJECT: Resolution No. 2023-12 MOU with Tri-Cities Disposal

RECOMMENDATION
It is recommended that the City Council adopt Resolution No. 2023-12, A Resolution of the City Council of the City of Gonzales Approving a Memorandum of Understanding Between the City of Gonzales and Tri-Cities Disposal and Recycling Services Regarding Negotiations for Amendments to the Exclusive Solid Waste, Recycling and Organics Collection Services Program Agreements.

BACKGROUND
The City’s Revised and Restated Franchise Agreement (Franchise Agreement) with Tri-Cities Disposal and Recycling Services (aka: Tri-Cities) for Exclusive Solid Waste Handling, Recycling and Organics Collection Services was approved on by the City of Gonzales on October 3, 2016, with a term ending June 30, 2025. Since then, SB 1383 was approved setting forth a variety of programmatic and policyrelated requirements for jurisdictions, generators, and other entities to support the State’s methane emission reduction goals.

The proposed MOU commits the City and Tri-Cities to immediately implement, or to the extent already implemented, continue to conduct, its solid waste, recyclables, and organics collection services in compliance with the mandates of AB 341, AB 1826, AB 1594, SB 1383 and the City’s Municipal Code Chapter 5.30. It also states that both parties will negotiate in good faith a complete restatement of the Franchise Agreement that captures in detail the programmatic/operational obligations of Franchisee under these laws and regulations. In addition, a regional Request for Proposal for a new franchise agreement for the four south valley cities (King City, Greenfield, Soledad, and Gonzales) will be issued in March 2023; the timeline for award of the new agreement aligns with the termination of this MOU and current franchise agreements.

AGENDA
ITEM
7 Packet Pg. 230

REVIEW AND ANALYSIS
Senate Bill (SB) 1383, enacted in 2017 and adopted by CalRecycle in 2020, establishes targets to reduce disposal of organic waste by 50 percent by 2020 and 75 percent by 2025 and requires that 20 percent of edible food that is currently disposed be recovered for human consumption by 2025. The City’s current Franchise Agreement with Tri-Cities needs to be amended to address regulations pertinent to the waste hauler collections.

In 2020, Salinas Valley Solid Waste Authority, the City’s Franchise Agreement administrator, began working with its legal counsel, the City, and Tri-Cities to revise the existing Franchise Agreement to address the new SB 1383 waste collection regulations. The initial revision to the Franchise Agreement opened the door to other revisions not related to SB 1383, which required further discussions and negotiations, therefore, an alternate approach was discussed and concurred in efforts to not further delay mandate compliance. All parties agreed on the preparation of an MOU that memorializes the commitment to comply with the mandate requirements and that these stipulations be negotiated in good faith into a new and revised restated Franchise Agreement. With that said, Tri-Cities has already begun to implement required changes as required by the law.

As mentioned above, a regional Request for Proposal for a new franchise agreement is underway. During the RFP process, the City will have the option to enter into a new franchise agreement with the selected contractor or could determine to extend the term on the current contract and proceed with a newly revised amendment that will address the terms included in this proposed MOU.

Explain Recommendation and How it Supports the Vision
Gonzales will continue to be a safe, clean, family-friendly community, diverse in its heritage, and committed to working collaboratively to preserve and retain its small-town charm.

Explain: The proposed MOU is a collaborative effort between the City, the partnering Cities, the Waste Collection Franchisee and Salinas Valley Solid Waste Authority to provide enhanced organic waste collection to city residents and local businesses.

Explain how the Recommendation Directly Implements the Mission The City Council and Staff of the City of Gonzales will realize our Vision by providing the leadership, commitment, and resources necessary to provide excellent services that enhance the quality of life of our diverse community.

Explain: The approval of this item demonstrates the City’s leadership and commitment to comply with environmental regulations as mandated by SB 1383.

City services will be delivered in a cost-effective, respectful, and friendly manner to insure the safety and well-being of the residents and the promotion of business, recreational, housing and employment opportunities in an environmentally sustainable manner.

Explain: This action enables compliance with regulatory requirements of organic waste recovery that will help improve air quality in the community by reducing methane gas emissions from organic waste previously destined for the landfill.

Strong fiscal policies allow us to provide appropriate infrastructure for:
• Public Safety X Yes No N/A
• Housing X Yes No N/A
• Recreation X Yes No N/A
• Environment X Yes No N/A
Packet Pg. 231
• Education X Yes No N/A
Explain: This franchisee is part of the critical infrastructure needed for our community. Efficient operations of our solid waste franchise are cost-effective.

ALTERNATIVES
Alternative 1 - The City Council could ask for more details before approving the attached letter. Direction could be to approve in concept and allow the City Manager to modify the exact wording prior to signing.

Alternative 2 - The City Council could determine this matter is not in the best interest of Gonzales and decline to approve the letter. The Franchise would continue in effect as previously approved.

BUDGET IMPACT
This matter does not affect the budget.

CONCLUSION
It is recommended that the City Council adopt Resolution No. 2023-12, A Resolution of the City Council of the City of Gonzales Approving a Memorandum of Understanding Between the City of Gonzales and Tri-Cities Disposal and Recycling Services Regarding Negotiations for Amendments to the Exclusive Solid Waste, Recycling and Organics Collection Services Program Agreements.

Attachments:

1. Resolution No. 2023-12

2. MOU
Packet Pg. 232
RESOLUTION NO. 2023-12

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GONZALES

APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN

THE CITY OF GONZALES AND TRI-CITIES DISPOSAL AND RECYCLING

SERVICES REGARDING NEGOTIATIONS FOR AMENDMENTS TO THE

EXCLUSIVE SOLID WASTE, RECYCLING AND ORGANICS COLLECTION

SERVICES PROGRAM AGREEMENTS
WHEREAS, Senate Bill (SB) 1383, as enacted in 2017 and adopted by CalRecycle in 2020 establishes statewide targets to reduce the disposal of organic waste by 50 percent by 2020 and 75 percent by 2025 and requires that 20 percent of edible food that is currently disposed be recovered for human consumption by 2025; and,
WHEREAS, the Revised and Restated Franchise Agreement (Franchise Agreement) between the Cities of Gonzales, Greenfield, and Soledad and Tri-Cities Disposal and Recycling Services, Inc. for Solid Waste, Recycling, and Organics Collection Services, approved by the City of Gonzales on October 3, 2016, requires amending to comply with SB 1383 regulations and City Code Chapter 5.30.; and,
WHEREAS, Section 10.8 of the Franchise Agreement requires that any amendment to be approved by written agreement of both or all parties; and, WHEREAS, City Staff and the Salinas Valley Solid Waste Authority, as Contract Administrators, have reviewed the proposed Memorandum of Understanding, and find it acceptable, where all parties commit to immediately implement, or to the extent already implemented, continue to conduct, its solid waste, recyclables, and organics collection services in compliance with the mandates of AB 341, AB 1826, AB 1594, SB 1383 and City Code Chapter 5.30, through the term of the current Franchise Agreement, June 30, 2025.

NOW THEREFORE, BE IT HEREBY RESOLVED, by the City Council of the City of Gonzales, that the Memorandum of Understanding between and the City of Gonzales and TriCities Disposal and Recycling Services, Inc., a copy of which is attached hereto as “Exhibit A” and by reference is incorporated herein, is hereby approved and the City Manager is authorized and directed to execute the same on Behalf of the City.

BE IT FURTHER RESOLVED, by the City Council of the City of Gonzales, that the aforementioned Memorandum of Understanding does not result in an increase to customer rates and the Fiscal Year 2022-23 Rate Schedule, attached here to as Exhibit B and incorporated herein by reference, remains in effect through June 30, 2023, or until otherwise revised by the City Council.

PASSED AND ADOPTED by the City Council of the City of Gonzales at a regular meeting duly held on the 6th day of March, 2023, by the following votes:

Packet Pg. 233 Attachment: Resolution No. 2023-12 (2653 : Resolution No. 2023-12 MOU with Tri-Cities Disposal) AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

Jose L. Rios, The Honorable Mayor
ATTEST:

Trevin W. Barber, City Clerk
Packet Pg. 234 Attachment: Resolution No. 2023-12 (2653 : Resolution No. 2023-12 MOU with Tri-Cities Disposal) 01255.0001/774021.2 1

MEMORANDUM OF UNDERSTANDING

IN REGARD TO NEGOTIATIONS FOR AMENDMENTS TO

EXCLUSIVE SOLID WASTE HANDLING, RECYCLING AND ORGANICS

COLLECTION SERVICES PROGRAM AGREEMENTS
This MEMORANDUM OF UNDERSTANDING IN REGARD TO NEGOTIATIONS

FOR AMENDMENTS TO EXCLUSIVE SOLID WASTE, RECYCLING AND ORGANICS COLLECTION SERVICES AGREEMENTS (this “MOU”) is made this ___ day of _____________, 2023, by and between the Cities of Gonzales, Soledad and Greenfield, California general law municipalities (“Cities”), and Tri-Cities Disposal and Recycling Services, Inc. (aka: Tri-Cities), a California Corporation (hereinafter “Franchisee”). Cities and Franchisee are occasionally herein each referred to as a “party” and collectively as the “parties”.

WHEREAS, the Cities are obligated to protect the public health and safety of the residents and businesses of the Cities of Gonzales, Soledad and Greenfield, and collection of solid waste and recyclables should be undertaken in a manner consistent with the exercise of the Cities’s obligations for the protection of public health and safety; and WHEREAS, Franchisee holds an exclusive franchise to provide collection, handling, transportation and processing services in the Cities for solid waste, recyclables, and organics; and WHEREAS, the Legislature of the State of California, by enactment of the California Integrated Waste Management Act of 1989 (the “Act”) (California Public Resources Code Section 40000 et seq.), has declared that it is in the public interest to authorize and require local agencies to make adequate provisions for solid waste handling within their jurisdictions; and WHEREAS, Cities and Franchisee are mindful of new laws adopted by the State of California intended to divert recyclables and organic materials from being landfilled. AB 341 mandates that commercial waste generators arrange for recycling services. AB 1826 mandates that commercial waste generators recycle their organic waste. AB 1594 will end the practice of excluding organic material used as Alternative Daily Cover (ADC) from the calculation of a jurisdiction’s total per capita amount of waste disposed. SB 1383 establishes methane reduction targets for California and reduction of disposal of organic waste; and WHEREAS, the City Council adopted new Ordinances (“Organic Waste Disposal Reduction, Recycling, And Solid Waste Collection”) into their respective Municipal Codes (City Code) in order to implement City regulations specific to implementing compliance with SB 1383; and
WHEREAS, in order to promptly implement those new laws and regulations in effect as of January 1, 2022, the parties desire that (1) Franchisee will immediately implement, or to the extent already implemented continue to conduct, its solid waste, recyclables, and organics collection services in compliance with the mandates of AB 341, AB 1826, AB 1594, SB 1383 and City Code, and (2) the parties will negotiate in good faith a complete restatement of the Waste Services Agreements with the goal of memorializing all Franchisee services under contract through such Agreements into a single, comprehensive instrument (the “Restated Franchise Packet Pg. 235 Attachment: MOU (2653 : Resolution No. 2023-12 MOU with Tri-Cities Disposal) 01255.0001/774021.2 2
Agreement”) that captures in detail the programmatic/operational obligations of Franchisee under AB 341, AB 1826, AB 1594, SB 1383 and City Code.

NOW, THEREFORE, in consideration of the premises above stated and the terms, conditions, covenants and agreements contained in this MOU, the Parties do hereby agree as follows:

1. Term of this MOU; Extended Term of Underlying Agreement. The term of this MOU shall take effect upon its full execution by all parties and expire upon execution of a Restated Franchise Agreement is approved and executed between the parties or on June 30, 2025, whichever is sooner (the “Term”). Notwithstanding any term or expiration stated in that certain Revised and Restated Franchise Agreement, by and between the parties, effective January 1, 2017 (the “Underlying Agreement”), such Underlying Agreement is hereby extended for a period commensurate with the Term, unless further extended in accordance with Section 9.1 thereof. If, upon the expiration of such Term, Cities and Franchisee have not each approved and executed the Restated Franchise Agreement, then this MOU shall automatically terminate ; provided, however, that Cities and Franchisee may mutually agree in writing to further extend the Term.

2. Implementation of SB 1383 Compliance. Upon execution of this MOU, Franchisee shall immediately commence implementation of the Cities’s SB 1383 Organic Waste Collection program (the “SB 1383 Program”) in the Cities in compliance with City Code. Such programs and services of the Organic Waste Collection Program are described more fully in Exhibit A attached hereto and incorporated as though fully set forth herein. To this end, Franchisee is hereby designated as Cities’s “Designee” as such phrase is defined in City Code, and Franchisee shall implement all Designee obligations imposed under Code.
a. Terminology used in this MOU is to be construed in harmony with those definitions in City Code. In the event of any conflicts between the definitions in City Code and the definitions of this MOU, the definitions set forth in shall control; provided, however, that if any defined term in this MOU or City Code conflicts with a defined term in 14 CCR Section 18982(a), the definition in 14 CCR Section 18982(a) shall control.
b. Franchisee agrees that all Cities-related data processed, maintained or reported through such system shall be readily accessible to Cities, subject to protections for confidential information, proprietary information, and trade secret protections under Applicable Law. Franchisee (or its affiliates, as applicable) is and shall be the owner of any such confidential information, proprietary information, and trade secrets.

3. Good Faith Negotiations; Goal of Finalizing Restated Franchise Agreement. Cities and Franchisee acknowledge that this MOU is intended as an interim contractual measure to memorialize Franchisee’s compliance with AB 341, AB 1826, AB 1594, SB 1383 and City Code pending the negotiation of a final Restated Franchise Agreement. Cities and Franchisee agree that, during the Term hereof, they will negotiate diligently and in good faith to prepare and enter into a Restated Franchise Agreement. Nothing in this MOU shall be deemed a covenant, promise or Packet Pg. 236 Attachment: MOU (2653 : Resolution No. 2023-12 MOU with Tri-Cities Disposal) 01255.0001/774021.2 3
commitment by Cities, or any officer or subdivision of the Cities, with respect to the approval of a Restated Franchise Agreement or similar such instrument relating to the provision of solid waste/recycling/organics services in the Cities. Cities’s acceptance of this MOU is merely an agreement to enter into a period of exclusive negotiations according to the terms hereof, reserving final discretion and approval by Cities as to any actions required of it.

4. Anticipated Terms of Restated Franchise Agreement. The Restated Franchise Agreement is anticipated to supersede and replace all current and prior agreements pertaining to Franchisee’s residential and commercial/industrial solid waste hauling, recycling, and organics services in the Cities. In other words, it is expected that the Restated Franchise Agreement will readdress and replace the Underlying Agreement, pursuant to which Franchisee currently serves the Cities. The Restated Franchise Agreement is expected to contain, without limitation, a new rate structure for Company’s charges to ratepayers, grant of franchised rights to Company for its provision of services, regulations of service quality, service schedules, handling of Customer complaints, vehicle condition, and any negotiated terms related to other fees payable between the parties as a result of Franchisee’s services, and specific agreed terms of compliance with AB 341, AB 1826, AB 1594, SB 1383, City Code, and any other laws or regulations adopted by CalRecycle.

The Restated Franchise Agreement shall further include, without limitation:
a. A restatement of all applicable definitions to be consistent with all new laws and regulations;
b. SB 1383/ City Code reporting and audit procedures;
c. SB 1383/ City Code contamination monitoring procedures and protocols; d. SB 1383/ City Code container labelling, color and design standards; e. SB 1383/ City Code education and public outreach programs and protocols; f. Such other terms as necessary to harmonize the terms of Franchisee’s contractual obligations with its obligations under SB 1383 and City Code; g. SB 1383/ City Code program requirements for compliance with SB 1383/ City Code procurement requirements;
h. Such other terms and provisions standard to, and appropriate for an exclusive franchise agreement for solid waste and recycling services.

5. Franchisee Rates During Term Hereof. In exchange for providing the SB 1383 Program Franchise Services under this MOU, beginning on the date such services commence Franchisee may charge each owner, tenant, lessee or occupant of a singlefamily residence, multi-family premises unit, and each commercial or other roll off customer of Franchisee within the geographic boundaries of the Cities, and industrial or other roll-off customer, rates for Franchisee’s services at the rates set forth in the “Rate Schedule” attached hereto as Exhibit B and incorporated herein by this reference. The rates set forth in the Rate Schedule shall be adjusted in the same manner as the Services Fees under the Underlying Agreement in accordance with Section 7.1 and Appendix J thereof. Section 7.1 and Appendix J of the Underlying Agreement are hereby incorporated by reference with the same force and effect as though fully set forth herein.

6. Assignability. No party to this MOU shall assign or transfer any interest nor Packet Pg. 237 Attachment: MOU (2653 : Resolution No. 2023-12 MOU with Tri-Cities Disposal) 01255.0001/774021.2 4
performing any duties or obligations, without the prior written consent of the other parties, and any attempt by a party to so assign or transfer this MOU or any rights, duties or obligations arising shall be void and of no effect.

7. Continuing Effect. Except as expressly modified or amended by this MOU, all terms and provisions of the Underlying Agreement shall remain in full force and effect in accordance with the terms thereof. In the case of a conflict in meaning between the Underlying Agreement and this MOU, this MOU, including Exhibit A and Exhibit B hereto, shall govern and prevail.

8. Counterparts. This MOU may be executed in one or more counterparts, each of which shall be deemed an original and all of which combined shall constitute one and the same instrument. Facsimile and/or electronic copies of the parties’ signatures shall be valid and treated the same as original signatures.

IN WITNESS WHEREOF, the parties have entered into this MOU to be effective as of the Effective Date.

CITIES OF:

GONZALES
Dated: _____________________________ By: _____________________________________ Cities Clerk: _________________________ By:______________________________________ APPROVED AS TO FORM:

Cities Attorney: ___________________________________ Dated: _____________________

SOLEDAD
Dated: _____________________________ By: _____________________________________ Cities Clerk: _________________________ By:______________________________________ APPROVED AS TO FORM:

Cities Attorney: ___________________________________ Dated: _____________________ Packet Pg. 238 Attachment: MOU (2653 : Resolution No. 2023-12 MOU with Tri-Cities Disposal) 01255.0001/774021.2 5

GREENFIELD
Dated: _____________________________ By: _____________________________________ Cities Clerk: _________________________ By:______________________________________ APPROVED AS TO FORM:

Cities Attorney: ___________________________________ Dated: _____________________ ACCEPTED:

Tri-Cities Disposal and Recycling Service, Inc.

Dated: _____________________________ By: _____________________________ Packet Pg. 239 Attachment: MOU (2653 : Resolution No. 2023-12 MOU with Tri-Cities Disposal) 01255.0001/774021.2 Exhibit A

EXHIBIT A
SB 1383 PROVISIONS
Franchisee shall provide services under this MOU in conformity with the following:

1. Defined Terms. Capitalized terms used in this Exhibit A but not defined herein shall have the meanings ascribed to them in 14 CCR Section 18982(a).

2. SB 1383 Program Franchise Services. Upon execution of this MOU, Franchisee shall provide SB 1383 Program Franchise Services in accordance with 14 CCR Section 18984.1, and City Code. Franchisee shall deliver all Organic Waste it Collects to a properly permitted facility where it is processed in a manner in accordance with 14 CCR Section 18983.1(b).

3. Container Colors and Labeling. All new Containers purchased for service after January 1, 2022 shall comply with color and labeling requirements specified in 14 CCR Section 18984.7 and 14 CCR Section 18984.8 respectively, provided that all Containers will comply with the applicable color requirements by January 1, 2036.

4. Contamination Monitoring. Franchisee agrees to utilize the following procedures to assist in minimizing container contamination:
a. Contamination. In addition to Prohibited Container Contaminants and Excluded Materials, Contractor shall not be required to Collect or process any Franchise Organic Waste or Franchise Recyclable Materials that are not accepted or able to be processed by any facility to which Contractor delivers such Franchise Materials for processing under this MOU. In the event that Contractor Collects such Franchise Organic Waste or Franchise Recyclable Materials that are not acceptable or able to be processed by such facility, Contractor shall follow the contamination protocols outlined in Section 4(b). b. Fee and Noticing Procedures. Franchisee may use procedures acceptable to the Cities to visualize the contents of Blue Containers, Green Containers, and Gray Containers for purposes of identifying the presence of Prohibited Container Contaminants. Upon finding Prohibited Container Contaminants, Excluded Materials, or Franchise Materials that are not accepted or able to be processed by the applicable facility in a Container, Franchisee shall follow the following contamination noticing procedures and report back to the Cities for record keeping purposes:
1st Offense: Customer’s container will be tagged and expressly notified as to the type of contamination. No financial penalty. Customer will remove the contaminating material from the container. Franchisee will service the container on the following week.
2nd Offense: Customer’s container will be tagged and expressly notified as to the type of contamination. No financial penalty. Customer must remove the contaminating material from the container. Franchisee will service the container on the following week. In addition, the customer will be advised that the next offense will result in the waste container being upsized to the next larger service size and that customer will be Packet Pg. 240 Attachment: MOU (2653 : Resolution No. 2023-12 MOU with Tri-Cities Disposal) 01255.0001/774021.2 Exhibit A
charged the appropriate garbage rate for that sized container.

Upon the 3rd Offense in a twelve-month period, the customer is considered a Habitual Contaminator. The Franchisee is authorized to substitute the next larger sized Container for collection of Solid Waste and charge the Customer the authorized rate for the larger Container. The Customer designated as a Habitual Contaminator may not apply for downsize of Solid Waste collection service capacity for a minimum of 6 months, conditioned upon receiving no additional Habitual Contamination violations.
c. Route Reviews. Franchisee shall conduct a sufficient number of route reviews to adequately determine the Customer’s overall compliance with SB 1383 Regulations. The number of route reviews and timeframe of such reviews shall be decided by Franchisee, provided that the route reviews comply with 14 CCR Section 18984.5(b). The Franchisee will submit a plan acceptable to the Cities to conduct such route reviews in compliance with SB 1383 Regulations.

5. Compliance Reviews. Subject to Applicable Law governing data security and privacy rights, Franchisee shall, upon Cities’s request, assist Cities with its annual compliance review of Commercial Customers as set forth in 14 CCR Section 18995.1(a)(1)(A). Any such compliance review shall mean a “desk” review of records to determine the Commercial Customer’s compliance with 14 CCR Section 18984.9(a). Notwithstanding the foregoing, Franchisee shall not have any obligation to inspect the premises of any Customer or pursue any enforcement action related to, or arising out of, 14 CCR Section 18995.1, Section 18995.3, and Section 18995.4, which remain the sole obligations of Cities pursuant to Applicable Law. Franchisee is not required to perform any such “desk” review of Food Recovery Organizations, Food Recovery Services and other similar entities regulated by 14 CCR Division 7, Chapter 12.

6. Public Education and Outreach. Franchisee shall provide education and outreach to Customers regarding the SB 1383 Program, using materials and in a manner to be mutually agreed upon by the Parties and subject to an increase in rates to compensate Franchisee for additional education and outreach activities, which shall at a minimum comply with 14 CCR Section 18985.1.

7. SB 1383 Reporting. Within ninety (90) days after the end of each calendar year, Franchisee shall provide an annual report to the Cities covering the most recently completed calendar year.

Such report shall contain the following information:
a. Contamination Monitoring Report. Franchisee’s report shall include the following information regarding route reviews conducted by Franchisee under this MOU:
i. Documentation of route reviews conducted pursuant to 14 CCR Section 18984.5(b), as described and in accordance with 14 CCR Section 18995.1, including a description of the process for determining the level of contamination and the number of route reviews conducted;
Packet Pg. 241 Attachment: MOU (2653 : Resolution No. 2023-12 MOU with Tri-Cities Disposal) 01255.0001/774021.2 Exhibit A
ii. Documentation of “desk” compliance reviews conducted by Franchisee under Section 5, in accordance with 14 CCR Section 18995.1, and the number of contamination notices, contamination fees issued to Customers, or targeted education materials issued to customers for Prohibited Container Contaminants, as applicable; iii. Copies of all documentation related to route reviews, “desk” compliance reviews, and notices issued to customers with Prohibited Container Contaminants; and iv. Documentation of the number of containers where the contents were disposed due to observation of Prohibited Container Contaminants.
b. Compliance Report. Franchisee’s report under this section shall include:
i. The total number of Customers receiving each type of Organic Waste collection services;
ii. The number of Organic Waste Customers and Commercial Edible Food Generators that received information and the type of education and outreach used; iii. The number of complaints that were received and reviewed by Franchisee under Section 5; and
iv. Copies of information provided to customers related to SB 1383, including the date that the information was distributed to Customers, the number of accounts receiving the information, if applicable, in accordance with 14 CCR Section 18985.3. c. Implementation Record. Franchisee shall provide information and documentation needed for the Cities’s implementation record related to its performance of this MOU with respect to waivers and exemptions as required under 14 CCR Section 18984.14 and procurement of recovered organic waste as required under 14 CC Section 18993.2. d. Confidentiality. Franchisee acknowledges that Cities is legally obligated to comply with the California Public Records Act (“CPRA”). Cities acknowledges that Franchisee may consider certain records, reports, or information contained therein, which Franchisee is required to provide to Cities under this MOU or under the Underlying Agreement, to be of a proprietary or confidential nature. In such instances, Franchisee will inform Cities in writing of which records are considered propriety or confidential. At such time as Cities receives a request for records under the CPRA or Federal Freedom of Information Act or a subpoena or other court order requesting disclosure of the records, Cities shall notify Franchisee of the request, subpoena or order and of Cities’s obligation and intent to provide a response within 10 days. Franchisee shall within five days either: (i) consent in writing to the disclosure of the records; or (ii) seek and obtain, at Franchisee’s sole cost and expense, the order of a court of competent jurisdiction staying or enjoining the disclosure of the records.

Packet Pg. 242 Attachment: MOU (2653 : Resolution No. 2023-12 MOU with Tri-Cities Disposal) 01255.0001/774021.2 Exhibit B

EXHIBIT B

RATE SCHEDULE
Packet Pg. 243 Attachment: MOU (2653 : Resolution No. 2023-12 MOU with Tri-Cities Disposal) All Cities  2022‐23  2022‐23   2022‐23   2022‐23   2022‐23   2022‐23   2022‐23   2022‐23   2022‐23  Proposed Garbage Collection and Disposal Rates ‐ TCDR  Franchise  Total  Trash Organics  AB939 Franchise  Total   2022‐23 Effective July, 2022 to June 30th, 2023 Service Fee (City) Collection Disposal Disposal Fee Fee (City) Disposal Total Description of Service Fee Fee Fees Fee

20.00% 20.00%
Residential Weekly Cart Service
32 Gallon Cart 15.21 $         3.04 $           $        18.25 $           2.30 4.34 $           1.65 $           1.66 $           $           28.2 9.95 $         0 48 Gallon Cart 16.46 $         3.29 $           $        19.75 $           2.30 6.51 $           2.49 $           2.26 $           $         33.31 13.56 $ 64 Gallon Cart 21.43 $         4.29 $           $        25.72 $         2.30 14.10 $           5.36 $           4.35 $           $         51.83 26.11 $ 96 Gallon Cart 26.46 $         5.29 $           $        31.75 $         2.30 21.69 $           8.25 $           6.45 $           $         70.4 38.69 $         4 Residential Cart Service ‐Additional Charges
Call Back (per trip) 8.36 $           1.67 $           $        10.03 $        10.03 Overloaded Cart 8.36 $           1.67 $           $        10.03 $        10.03 Extra Can or Bag (each) 16.77 $         3.35 $           $        20.12 $           0.44 1.18 $           0.32 $           $           22.0 1.94 $         6 Cart Replacement (each) 33.50 $         6.70 $           $        40.20 $        40.20 Commercial & Multiple Dwelling Weekly Cart Service (2)(3) 48 Gallon Cart  15.39 $         3.08 $           $        18.47 $           2.49 6.51 $           1.80 $           $         29.27 10.80 $ 64 Gallon Cart 19.86 $         3.97 $           $        23.83 $         5.36 14.10 $           3.89 $           $         47.1 23.35 $         8 96 Gallon Cart 24.43 $         4.89 $           $        29.32 $         8.25 21.69 $           5.99 $           $         65.25 35.93 $ Commercial Cart Service ‐Additional Charges
Long Walk Service (4) 21.27 $         4.25 $           $        25.52 $        25.52 Enclosure or Key/Lock Charge 17.28 $         3.46 $           $        20.74 $        20.74 Call Back (Cart Service)(per trip) 8.36 $           1.67 $           $        10.03 $        10.03 Extra Can or Bag (each) 16.77 $         3.35 $           $        20.12 $           0.44 1.18 $           0.32 $           $           22.0 1.94 $         6 Commercial & Multiple Dwelling Bin Service (5)
One Cubic Yard Bin
1 Pickup Per Week (1cy) 111.89 $      22.38 $         $     134.27 $         14.41 37.94 $         10.47 $         $         197.0 62.82 $      9 2 Pickup Per Week (1cy) 212.33 $      42.47 $         $     254.80 $         28.83 75.91 $         20.95 $         $      380.4 125.69 $      9 3 Pickup Per Week (1cy) 302.92 $      60.58 $         $     363.50 $      43.23 113.85 $         31.42 $         $      552.0 188.50 $      0 Extra Pick‐Up (1cy) (each)  29.35 $         5.87 $           $        35.22 $           3.31 8.74 $           2.41 $           $         49.6 14.46 $         8 Two Cubic Yard Bin
1 Pickup Per Week (2cy) 160.33 $      32.07 $         $     192.40 $         28.83 75.91 $         20.95 $         $      318.0 125.69 $      9 2 Pickup Per Week (2cy) 305.70 $      61.14 $         $     366.84 $      57.65 151.82 $         41.89 $         $      618.2 251.36 $      0 3 Pickup Per Week (2cy) 436.73 $      87.35 $         $     524.08 $      86.45 227.74 $         62.84 $         $      901.11 377.03 $ Extra Pick‐Up (2cy) (each)  41.99 $         8.40 $           $        50.39 $         6.67 17.51 $           4.84 $           $         79.41 29.02 $ Three Cubic Yard Bin
1 Pickup Per Week (3cy) 226.91 $      45.38 $         $     272.29 $      43.23 113.85 $         31.42 $         $      460.7 188.50 $      9 2 Pickup Per Week (3cy) 432.17 $      86.43 $         $     518.60 $      86.45 227.74 $         62.84 $         $      895.63 377.03 $ 3 Pickup Per Week (3cy) 617.62 $      123.52 $      $     741.14 $      129.69 341.61 $      94.26 $         $      1,306.7 565.56 $   0 Extra Pick‐Up (3cy) (each)  59.15 $         11.83 $         $        70.98 $         9.97 26.26 $           7.25 $           $         114.4 43.48 $      6 Four Cubic Yard Bin
1 Pickup Per Week (4cy) 291.29 $      58.26 $         $     349.55 $      57.65 151.82 $         41.89 $         $      600.91 251.36 $ 2 Pickup Per Week (4cy) 554.27 $      110.85 $      $     665.12 $      115.29 303.65 $      83.79 $         $      1,167.8 502.73 $   5 3 Pickup Per Week (4cy) 794.79 $      158.96 $      $     953.75 $      172.92 455.45 $      125.67 $      $      1,707.7 754.04 $   9 Extra Pick‐Up (4cy) (each)  76.23 $         15.25 $         $        91.48 $         13.32 35.05 $         9.67 $           $         149.5 58.04 $      2 Six Cubic Yard Bin
1 Pickup Per Week (6cy) 395.31 $      79.06 $         $     474.37 $      86.45 227.74 $         62.84 $         $      851.4 377.03 $      0 2 Pickup Per Week (6cy) 754.74 $      150.95 $      $     905.69 $      172.92 455.45 $      125.67 $      $      1,659.7 754.04 $   3 3 Pickup Per Week (6cy) 1,079.1 $   215.84 8 $      $  1,295.02 $      259.38 683.21 $      188.52 $      $   2,426.1 1,131.11 $   3 Extra Pick‐Up (6cy) (each)  94.16 $         18.83 $         $     112.99 $         19.95 52.55 $         14.50 $         $         199.9 87.00 $      9 Commercial Bin Service ‐Additional Charges
96 Gal. Weekly Yard Waste (each)  20.84 $         4.17 $           $        25.01 $           0.46 2.30 $           $           27.77 2.76 $ Long Walk Service (4) 21.27 $         4.25 $           $        25.52 $        25.52 Key/Lock Charge 17.28 $         3.46 $           $        20.74 $        20.74 Call Back (Bin Service)(per trip) 25.11 $         5.02 $           $        30.13 $        30.13 Commercial Organic Weekly Cart Service
32 Gallon Food Scrap Cart Service**Pilot** 14.78 $         2.96 $           $        17.74 $           1.39 6.93 $           $           26.0 8.32 $         6 64 Gallon Food Scrap Cart Service**Pilot** 17.12 $         3.42 $           $        20.54 $         2.77 13.85 $           $         37.1 16.62 $         6 Contamination Charges (Based on Container size)
64 Gallon Cart (each) 6.95 $           1.39 $           $          8.34 $           1.43 3.80 $           1.05 $           $           14.62 6.28 $ 96 Gallon Cart (each) 8.63 $           1.73 $           $        10.36 $           2.17 5.69 $           1.57 $           $           19.79 9.43 $ Packet Pg. 244 Attachment: MOU (2653 : Resolution No. 2023-12 MOU with Tri-Cities Disposal) 200 Gallon Barrel (each) 17.96 $         3.59 $           $        21.55 $           3.29 8.66 $           2.39 $           $         35.89 14.34 $ 350 Gallon Barrel (each) 31.42 $         6.28 $           $        37.70 $         5.75 15.12 $           4.17 $           $         62.7 25.04 $         4 450 Gallon Barrel  (each) 40.40 $         8.08 $           $        48.48 $         7.41 19.50 $           5.38 $           $         80.77 32.29 $ 1 Cubic Yard Container (each) 35.36 $         7.07 $           $        42.43 $           3.31 8.74 $           2.41 $           $         56.89 14.46 $ 2 Cubic Yard Container (each) 50.73 $         10.15 $         $        60.88 $         6.67 17.51 $           4.84 $           $         89.9 29.02 $         0 3 Cubic Yard Container (each) 71.87 $         14.37 $         $        86.24 $         9.97 26.26 $           7.25 $           $         129.7 43.48 $      2 4 Cubic Yard Container (each) 92.29 $         18.46 $         $     110.75 $         13.32 35.05 $         9.67 $           $         168.7 58.04 $      9 6 Cubic Yard Container (each) 131.56 $      26.31 $         $     157.87 $         19.95 52.55 $         14.50 $         $         244.8 87.00 $      7 Compactor Service and Drop Box Services (1)
Compactor Services
20 Cubic Yard Compactor $      41.36 206.80 $         $     248.16 TBD 20% TBD TBD 30 Cubic Yard Compactor $      49.63 248.17 $         $     297.80 TBD 20% TBD TBD 40 Cubic Yard Compactor $      57.90 289.51 $         $     347.41 TBD 20% TBD TBD Drop Box/Roll Off Service
20 Cubic Yard Drop Box $      37.61 188.03 $         $     225.64 TBD 20% TBD TBD 30 Cubic Yard Drop Box $      45.12 225.60 $         $     270.72 TBD 20% TBD TBD 40 Cubic Yard Drop Box $      52.64 263.21 $         $     315.85 TBD 20% TBD TBD Extra Day 10.00 $         2.00 $           $        12.00 $        12.00 Saturday Surcharge TBD
Call/Move Charge/Call Back 50.00 $         10.00 $         $        60.00 $        60.00 (1) Service billed to customer directly by Tri‐Cities Disposal and Recycling, Customer is billed the actual disposal fee plus franchise fees (2)“Multiple Dwelling” means livings units of two or more. (3) Multiple Dwellings that request Franchise Yard Waste service will be billed at the Residential Rate (4) For Distance greater 15' monthly additional for each 25' (5) Enclosure service included for 1‐4cy bins
20% of TCDR service fee
Packet Pg. 245 Attachment: MOU (2653 : Resolution No. 2023-12 MOU with Tri-Cities Disposal) City of Gonzales

COMMUNITY DEVELOPMENT DEPARTMENT

STAFF REPORT
TO: Honorable Mayor Rios and City Council
DATE: March 6, 2023
FROM: Taven Kinison Brown, Community Development Director THROUGH: Trevin W. Barber, City Manager
SUBJECT: Establish an Ad Hoc Committee of the City Council Related to Discussions with DR Horton

RECOMMENDATION
Establish a City Council “Housing Development Ad Hoc Committee — DR Horton” with the appointment of two members from the City Council.

BACKGROUND
On February 9, 2023, City staff and DR Horton discussed draft deal points regarding the development of the land associated with the project formerly known as Rincon Village. The purpose of the discussions was exploratory in nature and allowed both parties to conduct their due diligence and discuss/negotiate conceptual deal points for a future development agreement. While details are still under discussion, the preliminary conceptual development would likely include housing, parks, open space, and space for school facilities. Let the reader note that nothing has been determined as of this publishing. The next step is to continue ongoing efforts to work with a housing developer with the involvement of members of the Council.

The purpose of an Ad Hoc Committee on this subject would be to enable Council Members to participate in an official capacity in preliminary negotiations with DR Horton until the parties produce a draft development agreement. A draft development agreement would include possible details on the development plans for the project area formerly known as Rincon village. The Committee may also provide preliminary input on matters related to development, such as neighborhood design, financing, and affordable housing. The term of the committee would be established until the culmination of a new AGENDA
ITEM
8 Packet Pg. 246
development agreement, per a performance schedule that is to be developed. The Ad Hoc Committee may be joined by staff, including the City Manager and, various department directors and consultants.

How the Recommendation Supports the Vision
Gonzales will continue to be a safe, clean, family-friendly community, diverse in its heritage, and committed to working collaboratively to preserve and retain its small-town charm.

Explain: An Ad Hoc Committee will allow the applicant, City staff, and representatives of the Council to work collaboratively and develop more certainty and trust between all parties in matters relative to much needed new housing for the Gonzales community.

Explain how the Recommendation Directly Implements the Mission The City Council and Staff of the City of Gonzales will realize our Vision by providing the leadership, commitment, and resources necessary to provide excellent services that enhance the quality of life of our diverse community. X Yes ___ No ___ N/A
Explain: Establishing an Ad Hoc Committee in these matters demonstrates City leadership and commitment of resources to these matters so important to the quality of life in our community.

City services will be delivered in a cost-effective, respectful, and friendly manner to ensure the safety and well-being of the residents and the promotion of business, recreational, housing and employment opportunities in an environmentally sustainable manner. X Yes ___ No ___ N/A Explain: An Ad Hoc Committee is a very measured and utilitarian approach to determining the best interests of all parties in this matter. With our success in these communication efforts and the eventual construction and execution of well-balanced new neighborhoods consistent with the City’s general plan and housing policies, the safety and well-being of the residents and the promotion of business, recreational, housing and employment opportunities in an environmentally sustainable manner will be realized.

Strong fiscal policies allow us to provide appropriate infrastructure for:
• Public Safety X Yes No N/A
• Housing X Yes No N/A
• Recreation X Yes No N/A
• Environment X Yes No N/A
• Education X Yes No N/A
Explain: See Vision explanation above.

ALTERNATIVES
Amend or modify staff recommendation.

BUDGET IMPACT
The assignment of an AD Hoc Committee should not affect the budget. The work of the Ad Hoc Committee though, could and should lead to efficiencies in staff and council deliberation times, thereby reducing staff expenses and meeting times.

Packet Pg. 247

RECOMMENDATION
Establish a City Council “Housing Development Ad Hoc Committee — DR Horton” with the appointment of two members from the City Council.

Packet Pg. 248