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1334 8.08 Contractor’s Diversion Programs. Contractor shall implement the Diversion programs 1335 required under this Agreement to ensure that City and Contractor comply with all Diversion requirements 1336 under Applicable and the City meets or exceeds all minimum Diversion requirements under Applicable Law. 1337 Contractor shall furthermore, at its sole cost and expense, (1) assist the City to respond to inquiries from, or 1338 prepare for and attend any hearing before, CalRecycle or any other regulatory agency relating to the City’s 1339 compliance with Applicable Law; prepare for and participate in CalRecycle’ s review of the City's SRRE.; 1340 apply for any extension available under Applicable Law; develop and implement a public awareness and 1341 education program consistent with the City's SRRE and Household Hazardous Waste Element and any 1342 related requirements of Applicable Law; (2) Provide the City with Recycling, source reduction, and other 1343 technical assistance as may be needed to comply with Applicable Law; and (3) advise the City of additional 1344 programs or measures Contractor can, if authorized by the City, implement to increase compliance with the 1345 Diversion requirements of Applicable Law.
1346 8.09 New Diversion Programs. If Contractor fails to meet any Diversion Compliance requirement 1347 or the City fails to meet any CalRecycle Diversion requirement notwithstanding Contractor’s implementation 1348 of all Diversion and public education programs as required by this Agreement, the City may direct Contractor 1349 to modify its Diversion and public education programs or implement new programs. Such modifications may 1350 constitute a City-Directed Change under Section 31.01. Contractor shall not implement new Diversion 1351 programs not described in this Agreement without the City’s prior consent. 1352 8.10 Nothing contained herein shall prohibit Contractor from meeting its diversion requirements 1353 by any alternative methods or procedures, provided it complies with Applicable Law, as may be amended 1354 from time to time. Contractor’s ability to meet its diversion requirements by alternative methods per this 1355 Section 8.05 is subject to Agreement Administrator review and approval. 1356 Article 9. Service Unit Types
1357 9.01 Service Units. Service Units include all the following categories of premises which are in 1358 the Service Area as of October 1, 2024 and all such premises which may be added to the Service Area by 1359 means of annexation, new construction, or as otherwise set forth in this Agreement during term of this 1360 Agreement:
1361 9.01.1 SFD Service Units. Services are specified in Article 10. 1362 9.01.2 MFD Service Units. Services are specified in Article 11. 1363 9.01.3 Commercial Service Units. Services are specified in Article 12. 1364 9.01.4 Mixed-use Development (MXD) Service Units. Services are specified in Article 13. 1365 9.01.5 Manure Services. Manure services for all Services Units are specified in Article 14. 1366 9.01.6 City Service Units. Services are specified in Article 15.
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1367 9.01.7 Any question as to whether a premise falls within one of these categories will be 1368 determined by the Agreement Administrator and the determination of the Agreement Administrator will be 1369 final.
1370 9.02 Service Unit Changes. City and Contractor acknowledge that during the term of this 1371 Agreement it may be necessary or desirable to add or delete Service Units for which Contractor will provide 1372 Service.
1373 9.02.1 Additions and Deletions. Contractor must provide services described in this 1374 Agreement to new Service Units in Contractor’s Service Area within five (5) Work Days of receipt of notice 1375 from City or the new Service Unit to begin such Service. 1376 9.03 Annexation. If during term of the Agreement, additional territory within or adjacent to the 1377 Contractor’s Service Area is acquired by City through annexation, subject to the requirements of Public 1378 Resources Code section 49520, Contractor agrees to provide Integrated Waste Management Services in 1379 such annexed area in accordance with the provisions and Maximum Service Rates set forth in this Agreement 1380 after termination of former contractor’s rights to provide service have been exhausted. Such Integrated Waste 1381 Management Services must begin within five (5) Work Days of receipt of written notice from City. Contractor 1382 may not begin Collection Service without written authorization from City. 1383 9.04 Route Map Update. Contractor must revise the Service Unit route maps to show the 1384 addition of Service Units added due to annexation and must provide such revised maps to the Agreement 1385 Administrator as requested.
1386 Article 10. Residential Service
1387 10.01 SFD Conditions of Service. Except as set forth below, Contractor must provide SFD 1388 Collection Services to all SFD Units in the Service Area, including all MFD Units subscribed to Cart or Bin 1389 Collection Service. The SFD Services are governed by the following terms and conditions:
1390 10.01.1 Curb Service. Except for those Service Recipients that choose to receive Bins for 1391 service, Contractor must provide SFD Collection Service to all SFD Service Units in the Service Area whose 1392 SFD Solid Waste is properly containerized in Garbage Carts, Recyclable Materials are properly 1393 containerized in Recyclable Materials Carts, except as set forth in Section 10.08.1; Organic Wastes are 1394 properly containerized in Organic Waste Carts, except as set forth in Section 10.09.3, where the Garbage, 1395 Recyclable Materials, and Organic Waste carts have been placed within three (3) feet of the curb, swale, 1396 paved surface of the public roadway, closest accessible roadway, or other such location agreed to by 1397 Contractor and Service Recipient, that will provide safe and efficient accessibility to Contractor's Collection 1398 crew and vehicle.
1399 10.01.2 Bundled SFD Cart Service. Contractor will use a weekly Bundled SFD Solid Waste 1400 Collection Service system with one (1) 96-Gallon Black or Grey Garbage Cart, one (1) 96-Gallon Blue 1401 Recyclable Materials Cart, and one (1) 96-Gallon Green Organic Waste Cart as part of the base SFD Solid 1402 Waste Collection Service. SFD Service Recipients shall receive additional Recyclable Materials Carts and
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1403 additional Organic Waste Carts to be included at no additional cost, if requested. Garbage, Recyclable 1404 Materials, and/or Organic Waste Carts with a capacity of 32-Gallon or 64-Gallon may be requested by 1405 Customers that have space constraints. Pricing for downsizing Carts, or additional Carts, relative to the base 1406 Bundled Service are included in Exhibit 1.
1407 10.01.3 On-Premises Service. Notwithstanding any term or definition set forth in this 1408 Agreement, Contractor must provide Collection of SFD Garbage, Recyclable Materials, and Organic Waste 1409 on the SFD Service Recipients premises to an SFD Service Unit as follows. 1410 10.01.3.1 At no additional cost to the SFD Service Unit. SFD Service Units 1411 where all adult Service Recipients residing therein have disabilities that prevent them from setting their 1412 Garbage, Recyclable Materials or Organic Waste Cart at the curb for Collection, and if a request for on1413 premises service has been made. 1414 10.01.3.2 At an additional cost to the SFD Service Unit. 1415 A. SFD Service Units where topography, steep driveways, below grade dwellings, or 1416 limited access to public streets that prevents the SFD Service Recipient from setting their Garbage, 1417 Recyclable Materials, Organic Waste, or Manure Cart at the curb for Collection, as determined by the City 1418 and agreed by the Contractor, and if a request for on-premises service has been made. 1419 B. SFD Service Units inaccessible by standard 3 or 4 axel Collection Vehicles as 1420 determined by the Contractor and agreed by the City. Stinger/scout truck services shall be provided for the 1421 retrieval of Collection Containers from locations with accessibility constraints that make Containers difficult 1422 or impossible to access using regular trash collection trucks. 1423 C. Contractor must offer “push services” to SFD Service Recipients other than those 1424 listed above on a subscription basis upon request for the Service Rate set forth in Exhibit 1. Push services 1425 include, but are not limited to, dismounting from the Collection Vehicle, moving the Collection Containers 1426 from their storage location for Collection and returning the Collection Containers back to their storage 1427 location.
1428 10.01.3.3 Contractor must provide on-premises Collection Service on the 1429 same Work Day that curbside Collection would otherwise be provided to the SFD Service Unit. 1430 10.02 Frequency and Scheduling of Service. Except as set forth in Section 10.10, SFD Collection 1431 Service must be provided one (1) time per week on Mondays. SFD Collection Service must be scheduled so 1432 that all Service Units receive Garbage Collection Service, Recyclable Materials Collection Service, and 1433 Organic Waste Collection Service on the same Work Day. For customer that subscribe to Manure service, 1434 collection must be provided at least one (1) time per week. SFD Collection Service must be provided, 1435 commencing no earlier than 7:00 a.m. and terminating no later than 6:00 p.m., Monday through Friday, except 1436 for Holidays in accordance with Section 5.03. The hours, day, or both of Collection may be extended due to 1437 extraordinary circumstances or conditions with the prior verbal or written consent of the Agreement 1438 Administrator.
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1439 10.03 Manner of Collection. The Contractor must provide Collection Service with as little 1440 disturbance as possible and must leave any Garbage, Recyclable Materials, Organic Waste, or Manure Cart 1441 in an upright position at the same point it was Collected without obstructing alleys, roadways, driveways, 1442 sidewalks, or mailboxes. Contractor’s employees providing Collection Service must follow the regular walk 1443 for pedestrians while on private property and may not trespass nor cross property to the adjoining premises 1444 unless the occupant or owner of both properties has given permission. Care should be taken to prevent 1445 damage to property, including flowers, shrubs, and other plantings. 1446 10.04 New Carts and Kitchen Food Waste Pails. At the start of this Agreement, Contractor must 1447 supply new Carts and make available upon request, Kitchen Food Waste Pails that comply with Collection 1448 Container specifications in Exhibit 4. If any changes to these specifications are adopted after the Effective 1449 Date that results in Contractor being required to replace Collection Containers before they have been fully 1450 depreciated, Contractor will be eligible for additional compensation in accordance with Exhibit 1. 1451 10.05 Replacement of Carts. Contractor’s employees must take care to prevent damage to Carts 1452 by unnecessary rough treatment. However, any Cart damaged by the Contractor must be replaced by 1453 Contractor, at Contractor's expense, within five (5) Work Days at no cost or inconvenience to the Service 1454 Recipient.
1455 10.05.1 Upon notification to Contractor by City or a Service Recipient that the Service 1456 Recipient’s Cart(s) has been stolen or damaged beyond repair through no fault of Contractor, Contractor 1457 must deliver a replacement Cart(s) to such Service Recipient within five (5) Work Days. Contractor must 1458 maintain records documenting all Cart replacements occurring and report through the Waste Reporting 1459 System monthly.
1460 10.05.2 Each Service Recipient is entitled to the replacement of one (1) lost, destroyed, or 1461 stolen Cart every ten (10) years during the life of this Agreement at no cost to the Service Recipient. Except 1462 in the case of a Cart that must be replaced because of damage caused by Contractor or in the case where 1463 Contractor elects to replace a Cart rather than repair it on-site, Contractor will be compensated for the cost 1464 of those replacements in excess of one (1) per type of Cart per Service Recipient during the term of the 1465 Agreement, in accordance with the “Cart Exchange” Service Rate set forth in Exhibit 1, or as may be adjusted 1466 by the City from time to time as provided under this Agreement. 1467 10.05.3 Contractor understands and agrees that this provision is intended to be applied on 1468 a per Cart type, individual Service Recipient basis and accordingly each Service Recipient could receive up 1469 to three (4) replacement Carts, one (1) of each type (including optional Manure service), every ten (10) years 1470 during the term of the contract.
1471 10.05.4 Repair of Garbage, Recyclable Materials, Organic Waste, and Manure Carts. 1472 Contractor is responsible for the repair of Carts, including but not be limited to, hinged lids, wheels, and 1473 axles. Within five (5) Work Days of notification by the City or a Service Recipient of the need for such repairs, 1474 Contractor must repair the Cart or if necessary, remove the Cart for repairs and deliver a replacement Cart 1475 to the Service Recipient.
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1476 10.05.5 Cart Exchange. Upon notification to Contractor by City or a Service Recipient that 1477 a change in the size of a Cart is requested, Contractor must deliver such Cart to such Service Recipient 1478 within five (5) Work Days. Each SFD Service Unit is eligible to receive one (1) free Cart exchange per 1479 Calendar Year during the term of this Agreement for moving to a larger Cart size. Each SFD Service Unit is 1480 eligible to receive unlimited Cart exchanges per Calendar Year during the term of this Agreement for moving 1481 to a smaller Cart size. Accordingly, Contractor will be compensated only for the cost of those exchanges in 1482 excess of one (1) per Calendar Year for those Service Units receiving larger Cart sizes, in accordance with 1483 the “Cart Exchange” service rate as set forth in Exhibit 1 or as may be adjusted this Agreement. 1484 10.05.6 Additional Cart Request. Upon notification to the Contractor by City or a Service 1485 Recipient that additional Black or Grey Carts for Garbage, Blue Carts for Recyclable Materials, or Green 1486 Carts Organic Waste are requested, Contractor shall deliver such Carts to such Service Recipient within five 1487 (5) Work Days, at the rate set forth in Exhibit 1. 1488 10.05.7 Ownership of Carts. Ownership of Carts is vested in the Contractor. 1489 10.06 Cleaning of Collection Containers. Once each Calendar Year, if requested by the SFD 1490 Service Recipient, Contractor must replace the dirty Collection Containers with clean Collection Containers. 1491 Any Collection Container cleanings done at a Contractor facility must be done in such a manner that results 1492 in no water entering the City’s storm drain system. This service must be provided at no charge to the Service 1493 Recipient, so long as the service is not requested more than once per Calendar Year. In addition, regardless 1494 of whether or not this cleaning is requested by the Service Recipient, Contractor will ensure that all Collection 1495 Containers are cleaned on an as-needed basis so as to maintain a clean appearance and proper function. 1496 Additional cleanings beyond once each Calendar Year will be subject to the Service Rate set forth in Exhibit 1497 1.
1498 10.07 SFD Garbage Collection Service. This service is governed by the following terms and 1499 conditions:
1500 10.07.1 Non-Collection. Contractor is not required to Collect any Garbage that is not placed 1501 in a Garbage Cart. In the event of non-collection, Contractor will follow the steps set forth in Section 5.10. 1502 10.07.2 Disposal Facility. Except as set forth below, all Garbage Collected as a result of 1503 performing Integrated Waste Management Services must be transported to, and disposed of, at the Disposal 1504 Facilities listed in Exhibit 9. In the event the Disposal Facility is closed on a Work Day, Contractor must 1505 transport and dispose of the Garbage at another legally permitted Disposal Facility. Failure to comply with 1506 this provision will result in the levy of a penalty as specified in Exhibit 6 and may result in Contractor being 1507 in default under this Agreement.
1508 10.08 SFD Recyclable Materials Service. This service is governed by the following terms and 1509 conditions:
1510 10.08.1 Overages. Corrugated cardboard that will not fit inside the Recyclable Materials 1511 Cart may be placed beside the Recyclable Materials Cart if flattened.
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1512 10.08.2 Recyclable Materials - Improper Procedure. The Contractor is not required to 1513 Collect Recyclable Materials if the Service Recipient does not segregate the Recyclable Materials from Solid 1514 Waste or Organic Waste. Furthermore, Contractor is not required to Collect Recyclable Materials that are 1515 contaminated through commingling with Solid Waste or Organic Waste. To address contamination, 1516 Contractor must follow the steps set forth in Section 5.07. 1517 10.08.3 Materials Recovery Facility. Except as provided in Section 5.07, all Recyclable 1518 Materials collected as a result of performing recycling services must be delivered to the Materials Recovery 1519 Facility listed in Exhibit 9. Failure to comply with this provision will result in the levy of a penalty as specified 1520 in Exhibit 6 and may result in Contractor being in default under this Agreement. All expenses related to 1521 materials processing and marketing will be the sole responsibility of Contractor. City has the right to 1522 designate Materials Recovery Facility.
1523 10.08.4 Move In/Out Collection Service. Within three (3) months of opening a new account, 1524 at no additional charge, each SFD customer may request that Contractor provide one on-call Move-In/Out 1525 Recyclable Material Collection Service for recyclable packaging materials such as flattened cardboard 1526 boxes, and bundled newspaper and packaging foam. This will be offered as a one-time service for each new 1527 account. This service shall only include Recyclable Materials, and in the event that the Service Recipient 1528 includes Garbage in the materials set out for Collection by Contractor, this service shall be counted as one 1529 of the SFD Service Recipient’s free annual Bulky Item Collections as set forth in Section 10.10. 1530 10.08.5 Recyclable Materials - Changes to Services. Should changes in Applicable Law 1531 arise that necessitate any additions or deletions to the services described in this Section 10.08, including 1532 the type of items included as Recyclable Materials, the parties will negotiate any necessary cost changes 1533 and will enter into an Agreement amendment covering such modifications to the services to be performed 1534 and the compensation to be paid in accordance with Section 31.01.1 before undertaking any changes or 1535 revisions to such services.
1536 10.09 SFD Organic Waste Collection Service. This service is governed by the following terms 1537 and conditions:
1538 10.09.1 Organic Waste Processing Services. Contractor must ensure that all Organic Waste 1539 Collected pursuant to this Agreement is diverted from the landfill in accordance with Applicable Law. 1540 Contractor must ensure that the Organic Waste Collected pursuant to this Agreement is not disposed of in 1541 a landfill, except for residue resulting from processing. If the organics processing facility accepts bagged 1542 organic waste (where bags are biodegradable or otherwise), then Contractor is obligated to accept bagged 1543 Organic Waste.
1544 10.09.2 Organic Waste Processing Facility. Contractor must deliver all Collected Organic 1545 Waste to a fully permitted Organic Waste Processing Facility or a fully permitted Transfer Station, that has 1546 been listed in Exhibit 9 and agreed upon by the City. All expenses related to Organic Waste processing and 1547 marketing will be the sole responsibility of Contractor. Failure to comply with this provision will result in the 1548 levy of a penalty as specified in Exhibit 6 and may result in Contractor being in default under this Agreement. 1549 City has the right to designate Organic Waste Processing Facility.
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1550 10.09.3 Holiday Tree Collection. Contractor must Collect Holiday Trees set out at the curb for Collection during the three-week period beginning December 26th 1551 each year during the term of this 1552 Agreement. Contractor must deliver the Collected Holiday Trees to an appropriate Organic Waste 1553 Processing Facility for Diversion through uses other than Alternative Daily Cover or Beneficial Use. This 1554 annual service will be provided at no additional charge to the Service Recipient. Contractor is not required 1555 to divert Holiday Trees with tinsel, flocking or ornaments. 1556 10.09.4 Organic Waste - Improper Procedure. Contractor is not required to Collect Organic 1557 Waste if the Service Recipient does not segregate the Organic Waste from Solid Waste or Recyclable 1558 Materials. Furthermore, Contractor is not required to Collect Organic Wastes that are contaminated through 1559 commingling with Solid Waste or Recyclable Materials. Contractor will address contamination in accordance 1560 with Section 5.07.
1561 10.09.5 Home Compost Bins. Contractor shall store, promote, and distribute a maximum of 1562 500 Home Compost Bins per Calendar Year to be used by Service Recipients to compost Organic Waste. 1563 Contractor is responsible for purchase of Home Compost Bins delivered to Contractor’s place of storage. 1564 10.10 SFD Bulky Waste Collection Service. This service is governed by the following terms and 1565 conditions:
1566 10.10.1 Conditions of Service. Contractor must provide SFD Bulky Waste Collection 1567 Service, including the collection of E-Waste and U-Waste, to all SFD Service Units in the Service Area whose 1568 Bulky Waste, E-Waste, and U-Waste have been placed within three (3) feet of the curb, swale, paved surface 1569 of the public roadway, closest accessible roadway, or other such location agreed to by Contractor and 1570 Service Recipient, that will provide safe and efficient accessibility to Contractor's Collection crew and vehicle. 1571 Up to three (3) times per Calendar Year each Service Recipient is entitled to receive Bulky Item disposal 1572 amounting to a combined annual maximum of the equivalent of (a) three (3) Bulky Items, or (b) ten (10) 32- 1573 gallon bags at no additional cost and expense. For subsequent collection in any Calendar Year, the 1574 Contractor shall receive compensation from the customer at the rate for such service as set in Exhibit 1. 1575 10.10.2 Frequency of Service. Bulky Waste Collection Service will be provided on the next 1576 regular Collection day if the request is received at least two (2) Work Days in advance of the next regular 1577 Collection day. The Service Recipient may not intentionally commingle residential Bulky Waste with other 1578 Residential Waste.
1579 10.10.3 Bulky Waste Containing Freon. In the event Contractor Collects Bulky Waste that 1580 contain Freon, Contractor must handle such Bulky Waste in a manner such that the Bulky Waste are not 1581 subject to regulation as hazardous waste under applicable State and Federal laws or regulations. 1582 10.10.4 Maximum Reuse and Recycling. Contractor must dispose of Bulky Waste collected 1583 from Service Units pursuant to this Agreement in accordance with the following hierarchy:
1584 10.10.4.1 Reuse as is (where energy efficiency is not compromised) 1585 10.10.4.2 Disassemble for reuse or Recycling
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1586 10.10.4.3 Recycle
1587 10.10.4.4 Disposal
1588 10.10.5 Disposal of Bulky Waste. Contractor may not landfill such Bulky Waste unless the 1589 Bulky Waste cannot be reused or recycled.
1590 10.10.6 City Direction of Bulky Waste. City reserves the right to direct Contractor to take 1591 specific types of Bulky Waste Collected pursuant to this Section to designated sites not more than twenty 1592 (20) miles from any City boundary for the purpose of reuse or recycling at no cost. Contractor has no 1593 obligation to dispose of the Bulky Item residue remaining at the directed site or sites after scavengers and 1594 recyclers have removed reusable or recyclable Bulky Waste. 1595 10.11 Sharps Collection Program. Home generated sharps, such as needles, syringes, and 1596 lancets shall be placed in a sharps container and removed from the regular waste stream to minimize 1597 exposure to Solid Waste workers and Recyclable Materials processors. To ensure sharps are handled in an 1598 appropriate manner, Contractor shall provide, upon request, each SFD Service Recipient with up to one 1599 postage-paid mail-back sharps container per year at no additional cost. Seniors shall be provided with up to 1600 two postage-paid mail-back sharps containers per year at no additional cost. In addition, Contractor shall 1601 promote this program in newsletters and in other forms of outreach as determined by City. Additionally, 1602 Contractor shall provide to the City on an annual basis not less than 200 postage-paid mail-back Sharps 1603 containers for City staff to distribute at special events. 1604 10.12 “Dump Days” / Extended Producer Responsibility Diversion Program. Contractor shall 1605 provide a minimum of two City-wide dump days on an annual basis for Customers to dispose up to two (2) 1606 cubic yards of Solid Waste per event. Dump days shall also include electronic waste, textile, carpet, and 1607 mattress collection drives.. Contractor will schedule collection events with City approval and advertise the 1608 drop-off events not less than one month prior to the scheduled collection event. All textile, carpet and 1609 mattresses Collected through this program shall be diverted from the landfill either through donation to a local 1610 non-profit organization or through other means of Diversion. 1611 10.12.1 Temporary Bin and Box Service. Contractor shall provide temporary Bin and Box 1612 service, including Construction and Demolition Debris Bins, to SFD Service Recipients. Contractor shall 1613 deliver such Bin or Box within one Business Day of request. The Contractor shall receive compensation for 1614 Temporary Bin and Box Service from the customer at the rate for such service as set in Exhibit 1. 1615 Article 11. MFD Service
1616 11.01 MFD Conditions of Service. Except as set forth below, Contractor must provide MFD 1617 Collection Services to all MFD Units in the Service Area. The MFD Services are governed by the following 1618 terms and conditions:
1619 11.01.1 Bundled MFD Cart Service. Except for those Service Recipients that choose to 1620 receive Bins for service, Contractor must provide MFD Collection Service to all MFD Service Units in the
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1621 Service Area whose MFD Solid Waste is properly containerized in Black/Grey Garbage Carts, Blue 1622 Recyclable Materials are properly containerized in Recyclable Materials Carts, except as set forth in Section 1623 11.08.1; Organic Wastes are properly containerized in Green Organic Waste Carts, except as set forth in 1624 Section 11.09.5, where the Garbage, Recyclable Materials, and Organic Waste carts have been placed 1625 within three (3) feet of the curb, swale, paved surface of the public roadway, closest accessible roadway, or 1626 other such location agreed to by Contractor and Service Recipient, that will provide safe and efficient 1627 accessibility to Contractor's Collection crew and vehicle. 1628 11.01.2 Bundled MFD Bin Service. Contractor must provide MFD Solid Waste Collection 1629 Service to MFD Service Units in the Service Area that choose to receive Bins for service. MFD Collection 1630 Service shall be provided in Garbage Bins at the size and frequency as requested by the MFD Service 1631 Recipient, and including at no additional cost one (1) 96-Gallon Blue Recyclable Materials Cart and one (1) 1632 32-Gallon Green Organic Waste Cart as part of the base bundled MFD Collection Service. Additional 1633 services may be requested by the MFD Service Recipient. To be exempted from MFD Recyclable Materials 1634 Service or MFD Organic Waste Collection Service, Service Recipient must apply for exemption to the 1635 Contractor. All such exemption applications must be reported in the Waste Reporting System and approved 1636 by the City. Additional Collection Containers or different size Collection Containers are subject to the 1637 applicable Service Rate set forth in Exhibit 1.
1638 11.01.3 On-Premises Service. Notwithstanding any term or definition set forth in this 1639 Agreement, Contractor must provide Collection of MFD Garbage, Recyclable Materials, and Organic Waste 1640 on the MFD Service Recipients premises to an MFD Service Unit as follows. 1641 11.01.3.1 At no additional cost to the MFD Service Unit. MFD Service Units 1642 where all adult Service Recipients residing therein have disabilities that prevent them from setting their 1643 Garbage, Recyclable Materials or Organic Waste Cart at the curb for Collection, and if a request for on1644 premises service has been made. 1645 11.01.3.2 At an additional cost to the MFD Service Unit. 1646 A. MFD Service Units where topography, steep driveways, below grade dwellings, or 1647 limited access to public streets that prevents the MFD Service Recipient from setting their Garbage, 1648 Recyclable Materials or Organic Waste Cart at the curb for Collection, as determined by the City and agreed 1649 by the Contractor, and if a request for on-premises service has been made. 1650 B. MFD Service Units inaccessible by standard 3 or 4 axel Collection Vehicles as 1651 determined by the Contractor and agreed by the City. Stinger/scout truck services shall be provided for the 1652 retrieval of Collection Containers from locations with accessibility constraints that make Containers difficult 1653 or impossible to access using regular trash collection trucks. 1654 C. Contractor must offer “push services” to MFD Service Recipients other than those 1655 listed above on a subscription basis upon request for the Service Rate set forth in Exhibit 1. Push services 1656 include, but are not limited to, dismounting from the Collection Vehicle, moving the Collection Containers 1657 from their storage location for Collection and returning the Collection Containers back to their storage 1658 location.
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1659 11.01.3.3 Contractor must provide on-premises Collection Service on the 1660 same Work Day that curbside Collection would otherwise be provided to the MFD Service Unit. 1661 11.02 Frequency and Scheduling of Service. This service must be provided as deemed 1662 necessary and determined between Contractor and the MFD Service Unit, but such service must be received 1663 no less than one (1) time per week with no exception for holiday(s) as set forth herein, except that Collection 1664 service scheduled to fall on a holiday may be rescheduled as determined between the Service Unit and 1665 Contractor as long as the minimum frequency requirement is met. The size of the container and the frequency 1666 (above the minimum) of Collection will be determined between the MFD Service Unit and Contractor. 1667 However, size and frequency must be sufficient to provide that no Solid Waste need be placed outside the 1668 Collection Container. Contractor must provide containers as part of the Commercial Collection Maximum 1669 Service Rates set forth in Exhibit 1. Service Recipients may own and provide their own Compactor provided 1670 that the Service Recipient is completely responsible for its proper maintenance, and such Compactor is of a 1671 type that is compatible with Contractor's equipment. All other Collection Containers used by Service 1672 Recipients must be owned and supplied by Contractor. 1673 11.03 Manner of Collection. The Contractor must provide Collection Service with as little 1674 disturbance as possible and must leave any Garbage, Recyclable Materials or Organic Waste Cart in an 1675 upright position at the same point it was Collected without obstructing alleys, roadways, driveways, sidewalks 1676 or mail boxes. Contractor’s employees providing Collection Service must follow the regular walk for 1677 pedestrians while on private property and may not trespass nor cross property to the adjoining premises 1678 unless the occupant or owner of both properties has given permission. Care should be taken to prevent 1679 damage to property, including flowers, shrubs, and other plantings. 1680 11.04 New Carts and Kitchen Food Waste Pails. At the start of this Agreement, Contractor must 1681 supply new Carts and newly painted Bins and Roll-off Containers and make available upon request, Kitchen 1682 Food Waste Pails that comply with Collection Container specifications in Exhibit 4. If any changes to these 1683 specifications are adopted after the Effective Date that results in Contractor being required to replace 1684 Collection Containers before they have been fully depreciated, Contractor will be eligible for additional 1685 compensation in accordance with Section 6.07.
1686 11.05 Replacement of Carts/Bins. Contractor’s employees must take care to prevent damage to 1687 Carts by unnecessary rough treatment. However, any Cart damaged by the Contractor must be replaced by 1688 Contractor, at Contractor's expense, within five (5) Work Days at no cost or inconvenience to the Service 1689 Recipient.
1690 11.05.1 Upon notification to Contractor by City or a Service Recipient that the Service 1691 Recipient’s Cart(s)/Bin(s) has been stolen or damaged beyond repair through no fault of Contractor, 1692 Contractor must deliver a replacement Cart(s)/Bin(s) to such Service Recipient within five (5) Work Days. 1693 Contractor must maintain records documenting all Cart/Bin replacements occurring and report through the 1694 Waste Reporting System monthly.
1695 11.05.2 Each Service Recipient is entitled to the replacement of one (1) lost, destroyed, or 1696 stolen Cart/Bin every ten (10) years during the life of this Agreement at no cost to the Service Recipient.
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1697 Except in the case of a Cart/Bin that must be replaced because of damage caused by Contractor or in the 1698 case where Contractor elects to replace a Cart/Bin rather than repair it on-site, Contractor will be 1699 compensated for the cost of those replacements in excess of one (1) per type of Cart/Bin per Service 1700 Recipient during the term of the Agreement, in accordance with the “Cart Exchange” Service Rate set forth 1701 in Exhibit 1, or as may be adjusted by the City from time to time as provided under this Agreement. 1702 11.05.3 Contractor understands and agrees that this provision is intended to be applied on 1703 a per Cart type, individual Service Recipient basis and accordingly each Service Recipient could receive up 1704 to three (3) replacement Carts, one (1) of each type, every ten (10) years during the term of the contract. 1705 11.05.4 Repair of Garbage, Recyclable Materials, and Organic Waste Carts. Contractor is 1706 responsible for the repair of Carts, including but not be limited to, hinged lids, wheels and axles. Within five 1707 (5) Work Days of notification by the City or a Service Recipient of the need for such repairs, Contractor must 1708 repair the Cart or if necessary, remove the Cart for repairs and deliver a replacement Cart to the Service 1709 Recipient.
1710 11.05.5 Cart Exchange. Upon notification to Contractor by City or a Service Recipient that 1711 a change in the size of a Cart is requested, Contractor must deliver such Cart to such Service Recipient 1712 within five (5) Work Days. Each MFD Service Unit is eligible to receive one (1) free Cart exchange per 1713 Calendar Year during the term of this Agreement for moving to a larger Cart size. Each MFD Service Unit is 1714 eligible to receive unlimited Cart exchanges per Calendar Year during the term of this Agreement for moving 1715 to a smaller Cart size. Accordingly, Contractor will be compensated only for the cost of those exchanges in 1716 excess of one (1) per Calendar Year for those Service Units receiving larger Cart sizes, in accordance with 1717 the “Cart Exchange” service rate as set forth in Exhibit 1 or as may be adjusted this Agreement. 1718 11.05.6 Additional Cart Request. Upon notification to the Contractor by City or a Service 1719 Recipient that additional Carts for Garbage, Recyclable Materials, or Organic Waste are requested, 1720 Contractor shall deliver such Carts to such Service Recipient within five (5) Work Days, at the rate set forth 1721 in Exhibit 1.
1722 11.05.7 Ownership of Carts. Ownership of Carts is vested in the Contractor. 1723 11.06 Cleaning of Collection Containers. Once each Calendar Year, if requested by the MFD, 1724 Contractor must clean all Collection Containers or must replace the dirty Collection Containers with clean 1725 Collection Containers. Any Collection Container cleanings done at a Contractor facility must be done in such 1726 a manner that results in no water entering the City’s storm drain system. This service must be provided at no 1727 charge to the Service Recipient, so long as the service is not requested more than once per Calendar Year. 1728 In addition, regardless of whether or not this cleaning is requested by the Service Recipient, Contractor will 1729 ensure that all Collection Containers are cleaned on an as-needed basis so as to maintain a clean appearance 1730 and proper function. Additional cleanings beyond once each Calendar Year will be subject to the Service Rate 1731 set forth in Exhibit 1.
1732 11.07 MFD Garbage Collection Service. This service is governed by the following terms and 1733 conditions:
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1734 11.07.1 Non-Collection. Contractor is not required to Collect any Garbage that is not placed 1735 in a Garbage Cart. In the event of non-collection, Contractor will follow the steps set forth in Section 5.10. 1736 11.07.2 Disposal Facility. Except as set forth below, all Garbage Collected as a result of 1737 performing Integrated Waste Management Services must be transported to, and disposed of, at the Disposal 1738 Facilities listed in Exhibit 9. In the event the Disposal Facility is closed on a Work Day, Contractor must 1739 transport and dispose of the Garbage at another legally permitted Disposal Facility. Failure to comply with 1740 this provision will result in the levy of a penalty as specified in Exhibit 6 and may result in Contractor being 1741 in default under this Agreement.
1742 11.08 MFD Recyclable Materials Service. This service is governed by the following terms and 1743 conditions:
1744 11.08.1 Conditions of Service. Contractor must provide MFD Recyclable Materials Service 1745 to all MFD Service Units in the Service Area whose Recyclable Materials are properly containerized in 1746 Recyclable Materials Collection Containers except as set forth below, where the Recyclable Materials 1747 Collection Containers are accessible. The Maximum Service Rates for Contractor’s MFD Recyclable 1748 Materials Services are set forth in Exhibit 1.
1749 11.08.2 Base MFD Recyclable Materials Service. All MFD Service Recipients subscribing 1750 to MFD Solid Waste Collection Service must receive weekly collection of Recyclable Materials with a 1751 minimum of at least one 96-gallon Recyclable Materials Cart per Service Recipient and included in the 1752 Bundled Rate set forth in Exhibit 1. The actual configuration of Recyclable Materials Collection Container 1753 sizes to be provided will be based on the total equivalent volume and configured in a manner determined by 1754 the Service Recipient in consultation with Contractor. 1755 11.08.3 Overages. Corrugated cardboard that will not fit inside the Recyclable Materials 1756 Cart may be placed beside the Recyclable Materials Cart if flattened. 1757 11.08.4 Recyclable Materials - Improper Procedure. The Contractor is not required to 1758 Collect Recyclable Materials if the Service Recipient does not segregate the Recyclable Materials from Solid 1759 Waste or Organic Waste. Furthermore, Contractor is not required to Collect Recyclable Materials that are 1760 contaminated through commingling with Solid Waste or Organic Waste. To address contamination, 1761 Contractor must follow the steps set forth in Section 5.07. 1762 11.08.5 Materials Recovery Facility. Except as provided in Section 5.07, all Recyclable 1763 Materials collected as a result of performing recycling services must be delivered to the Materials Recovery 1764 Facility listed in Exhibit 9. Failure to comply with this provision will result in the levy of a penalty as specified 1765 in Exhibit 6 and may result in Contractor being in default under this Agreement. All expenses related to 1766 materials processing and marketing will be the sole responsibility of Contractor. City has the right to 1767 designate Materials Recovery Facility.
1768 11.08.6 Move In/Out Collection Service. Within three (3) months of opening a new account, 1769 at no additional charge, each MFD customer may request that Contractor provide one on-call Move-In/Out
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1770 Recyclable Material Collection Service for recyclable packaging materials such as flattened cardboard 1771 boxes, and bundled newspaper and packaging foam. This will be offered as a one-time service for each new 1772 account. This service shall only include Recyclable Materials, and in the event that the Service Recipient 1773 includes Garbage in the materials set out for Collection by Contractor, this service shall be counted as one 1774 of the MFD Service Recipient’s free annual Bulky Item Collections as set forth in Section 11.10. 1775 11.08.7 Recyclable Materials - Changes to Services. Should changes in Applicable Law 1776 arise that necessitate any additions or deletions to the services described in this Section 11.08, including 1777 the type of items included as Recyclable Materials, the parties will negotiate any necessary cost changes 1778 and will enter into an Agreement amendment covering such modifications to the services to be performed 1779 and the compensation to be paid in accordance with Section 31.01.1 before undertaking any changes or 1780 revisions to such services.
1781 11.09 MFD Organic Waste Collection Service. This service is governed by the following terms 1782 and conditions:
1783 11.09.1 Base MFD Organic Waste Service. All MFD Service Recipients subscribing to MFD 1784 Garbage Collection Service must receive weekly collection of the equivalent volume of at least one (1) 32- 1785 gallon Green Organic Waste Cart per Service Recipient included in the Bundled Service rate. The actual 1786 configuration of Organic Waste Collection Container sizes to be provided will be based on the total equivalent 1787 volume and configured in a manner determined by the Service Recipient in consultation with Contractor. 1788 Contractor may charge for MFD Organic Waste Collection as set forth in Exhibit 1 for MFD Organic Waste 1789 Service greater than the base 32-gallon Organic Waste Cart. 1790 11.09.2 Size and Frequency of Service. This service will be provided as deemed necessary 1791 and determined between Contractor and the Service Recipient, but such service must be received no less 1792 than one (1) time per week with no exception for holiday(s) as set forth herein, except that Collection Service 1793 scheduled to fall on a holiday may be rescheduled as determined between the Service Recipient and 1794 Contractor as long as the minimum frequency requirement is met. Service may be provided by Bin or Cart 1795 at the option of the Service Recipient. The size of the container and the frequency (above the minimum) of 1796 Collection will be determined between the customer and Contractor. However, size and frequency must be 1797 sufficient to provide that no Organic Waste needs be placed outside the Collection Container. Service 1798 Recipients may own and provide their own Compactor provided that the Service Recipient is completely 1799 responsible for its proper maintenance, and such Compactor is of a type that is compatible with Contractor's 1800 equipment. All other Collection Containers used by Service Recipients must be owned and supplied by 1801 Contractor.
1802 11.09.3 Organic Waste Processing Services. Contractor must ensure that all Organic Waste 1803 Collected pursuant to this Agreement is diverted from the landfill in accordance with Applicable Law. 1804 Contractor must ensure that the Organic Waste Collected pursuant to this Agreement is not disposed of in 1805 a landfill, except for residue resulting from processing. If the organics processing facility accepts bagged 1806 Organic Waste (where bags are biodegradable or otherwise), then Contractor is obligated to accept bagged 1807 Organic Waste.
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1808 11.09.4 Organic Waste Processing Facility. Contractor must deliver all Collected Organic 1809 Waste to a fully permitted Organic Waste Processing Facility or a fully permitted Transfer Station, that has 1810 been listed in Exhibit 9 and agreed upon by the City. All expenses related to Organic Waste processing and 1811 marketing will be the sole responsibility of Contractor. Failure to comply with this provision will result in the 1812 levy of a penalty as specified in Exhibit 6 and may result in Contractor being in default under this Agreement. 1813 City has the right to designate Organic Waste Processing Facility. 1814 11.09.5 Holiday Tree Collection. Contractor must Collect Holiday Trees set out at the curb for Collection during the three-week period beginning December 26th 1815 each year during the term of this 1816 Agreement. Contractor must deliver the Collected Holiday Trees to an appropriate Organic Waste 1817 Processing Facility for Diversion through uses other than Alternative Daily Cover or Beneficial Use. This 1818 annual service will be provided at no additional charge to the Service Recipient. Contractor is not required 1819 to divert Holiday Trees with tinsel, flocking or ornaments. 1820 11.09.6 Non-Collection. Contractor is not required to Collect Organic Waste if the Service 1821 Recipient does not segregate the Organic Waste from Solid Waste or Recyclable Materials. Furthermore, 1822 Contractor is not required to Collect Organic Wastes that are contaminated through commingling with Solid 1823 Waste or Recyclable Materials. Contractor will address contamination in accordance with Section 5.07. 1824 11.10 MFD Bulky Waste Collection Service. This service is governed by the following terms and 1825 conditions:
1826 11.10.1 Conditions of Service. Contractor must provide MFD Bulky Waste Collection 1827 Service, including the collection of E-Waste and U-Waste, to all MFD Service Units in the Service Area 1828 whose Bulky Waste, E-Waste, and U-Waste have been placed within three (3) feet of the curb, swale, paved 1829 surface of the public roadway, closest accessible roadway, or other such location agreed to by Contractor 1830 and Service Recipient, that will provide safe and efficient accessibility to Contractor's Collection crew and 1831 vehicle. Upon property manager request, up to three (3) times per Calendar Year each Service Recipient is 1832 entitled to receive Bulky Item disposal amounting to a combined annual maximum of the equivalent of (a) 1833 six (6) Bulky Items or (b) ten (10) 32-gallon bags at no additional cost and expense. For subsequent 1834 collection in any Calendar Year, the Contractor shall receive compensation from the customer at the rate for 1835 such service as set in Exhibit 1.
1836 11.10.2 Frequency of Service. Bulky Item Collection Service will be provided on the next 1837 regular Collection day if the request is received at least two (2) Work Days in advance of the next regular 1838 Collection day. The Service Recipient may not intentionally commingle residential Bulky Waste with other 1839 Residential Waste.
1840 11.10.3 Bulky Waste Containing Freon. In the event Contractor Collects Bulky Waste that 1841 contain Freon, Contractor must handle such Bulky Waste in a manner such that the Bulky Waste are not 1842 subject to regulation as hazardous waste under applicable State and Federal laws or regulations. 1843 11.10.4 Maximum Reuse and Recycling. Contractor must dispose of Bulky Waste collected 1844 from Service Units pursuant to this Agreement in accordance with the following hierarchy:
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1845 11.10.4.1 Reuse as is (where energy efficiency is not compromised) 1846 11.10.4.2 Disassemble for reuse or Recycling
1847 11.10.4.3 Recycle
1848 11.10.4.4 Disposal
1849 11.10.5 Disposal of Bulky Waste. Contractor may not landfill such Bulky Waste unless the 1850 Bulky Waste cannot be reused or recycled.
1851 11.10.6 City Direction of Bulky Waste. City reserves the right to direct Contractor to take 1852 specific types of Bulky Waste Collected pursuant to this Section to designated sites not more than twenty 1853 (20) miles from any City boundary for the purpose of reuse or recycling at no cost. Contractor has no 1854 obligation to dispose of the Bulky Item residue remaining at the directed site or sites after scavengers and 1855 recyclers have removed reusable or recyclable Bulky Waste. 1856 Article 12. Commercial Service
1857 12.01 Commercial Conditions of Service. Except as set forth below, Contractor must provide 1858 Commercial Collection Services to all Commercial Service Units in the Service Area, including MXD Service 1859 Units and those City Service Units listed in Exhibit 3. MFD Units serviced with Bins will abide by the guidelines 1860 listed in this Section but are serviced as part of the Residential Collection Service. This service is governed 1861 by the following terms and conditions:
1862 12.01.1 Provision of Service. Contractor must provide Commercial Garbage Collection 1863 Service, Commercial Recyclable Materials Service and Commercial Organic Waste Collection Service to all 1864 Commercial Service Units Service Units in the Service Area whose Solid Waste, Recyclable Materials, and 1865 Organics Waste are properly containerized in Collection Containers as appropriate where the Collection 1866 Containers are accessible as set forth in Section 12.01.4. Contractor must offer Garbage, Recyclable 1867 Materials, and Organic Waste Carts in 32, 64, and 96-gallon sizes. Contractor must offer Garbage and 1868 Recyclable Materials Bins in 1, 2, 3, 4, and 6-cubic yard sizes and 1, 2, and 3-cubic yard sizes for Organic 1869 Waste Bins. Contractor may offer Roll-off Containers in 10, 20, 30, and 40-cubic yard sizes, and Collection 1870 from Compactors. The size of the container and the frequency (above the minimum) of Collection will be 1871 determined between the Service Recipient and Contractor. However, the size and frequency must be 1872 sufficient to provide that no Garbage, Recyclable Materials, or Organic Waste need be placed outside the 1873 Collection Container. The base Commercial Collection Service will include Commercial Recyclable Materials 1874 Service as described in Section 12.04.2 below, and Commercial Organic Waste Collection Service as 1875 described in Section 12.05.5 below.
1876 12.01.2 Bundled Service. For the Commercial Solid Waste Collection Service system, 1877 Contractor shall provide Garbage Bins as requested by the Commercial Service Recipient, and including at 1878 no additional cost one (1) 96-Gallon Blue Recyclable Materials Cart and one (1) 64-Gallon Green Organic 1879 Waste Cart service as part of the base bundled Commercial Collection Service. Additional services may be
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1880 requested by the Commercial Service Recipient. To be exempted from Commercial Recyclable Materials 1881 Service or Commercial Organic Waste Collection Service, Service Recipient must apply for exemption to 1882 the Contractor. All such exemption applications must be reviewed by hauler and reported to the City with 1883 accompanying hauler recommendation on appropriate action. City will make determination on approval of 1884 such exemption applications. Approved exemption applications will only apply to the business that directly 1885 applied for such exemption application and will not carry over from business to business via common account 1886 holder.
1887 12.01.3 Hours of Collection. Commercial Collection Service must be provided commencing 1888 no earlier than 5:00 a.m., and terminating no later than 7:00 p.m., Monday through Saturday, except for 1889 Holidays. If the Commercial Collection Service is adjacent to Residential Premises, then collection service 1890 will be provided no earlier than 7:00 a.m. Monday through Friday and 8:00 a.m. on Saturday. The hours, 1891 day, or both of Collection may be extended due to extraordinary circumstances or conditions with the prior 1892 verbal or written consent of the Agreement Administrator. 1893 12.01.4 Accessibility. Contractor must Collect all Collection Containers that are readily 1894 accessible to Contractor's crew and vehicles and not blocked. However, Contractor must provide “push 1895 services” and “stinger/scout truck services” as necessary upon request during the provision of Commercial 1896 Collection Services for the Service Rate set forth in Exhibit 1. Push services include, but are not limited to, 1897 dismounting from the Collection Vehicle, moving the Collection Containers from their storage location for 1898 Collection and returning the Collection Containers back to their storage location. Stinger/scout truck services 1899 provide for the retrieval of Collection Containers from locations with accessibility constraints that make 1900 Containers difficult or impossible to access using regular trash collection trucks. 1901 12.01.5 Manner of Collection. Contractor must provide Commercial Collection Service 1902 consistent with Section 6.42.090 of the City Municipal Code with as little disturbance as possible and must 1903 leave any Collection Container at the same point it originally located without obstructing alleys, roadways, 1904 driveways, sidewalks, or mailboxes.
1905 12.02 New Containers. At the start of this Agreement, Contractor must supply new Carts and 1906 newly painted Bins and Roll-off Containers in good condition that comply with Collection Container 1907 specifications in Exhibit 4. If any changes to these specifications are adopted after the Effective Date that 1908 results in Contractor being required to replace Collection Containers before they have been fully depreciated, 1909 Contractor will be eligible for additional compensation in accordance with Section 31.01.1. 1910 12.02.1 Purchase and Distribution of Collection Containers for New Commercial Service 1911 Units. Contractor must also distribute newly painted Collection Containers as specified in Exhibit 4 to new 1912 Commercial and MFD/MXD Service Units that are added to Contractor’s Service Area during the term of this 1913 Agreement. The size and mix of the Collection Containers will be in accordance with the service agreement 1914 obtained by Contractor as set forth in this Agreement and the distribution must be completed within five (5) 1915 Work Days of receipt of the request for service.
1916 12.02.2 Replacement of Collection Containers. Contractor’s employees must avoid damage 1917 to Collection Containers by unnecessary rough treatment. Any Collection Container damaged by the
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1918 Contractor must be replaced by Contractor, at Contractor's expense, within five (5) Work Days at no cost or 1919 inconvenience to the Service Recipient.
1920 12.02.2.1 Each Commercial Service Unit is entitled to the replacement of 1921 one (1) lost, destroyed, or stolen Garbage, Recyclable Materials, and Organic Collection Container during 1922 the initial term of this Agreement at no cost to the Service Unit. Accordingly, Contractor will be compensated 1923 for the cost of those replacements in excess of one (1) Garbage, Recyclable Materials, and Organic 1924 Collection Container per Commercial Service Unit during the initial term of the Agreement, in accordance 1925 with the “Collection Container Exchange” Service Rate, as appropriate, set forth in Exhibit 1. Contractor 1926 must deliver a replacement Collection Container to such Service Unit within five (5) Work Days. 1927 12.02.3 Repair of Collection Containers. Contractor is responsible for repair of Collection 1928 Containers. Within five (5) Work Days of notification by City or a Service Recipient of the need for such 1929 repairs, Contractor must repair the Collection Container or if necessary, remove the Collection Container for 1930 repairs and deliver a replacement Collection Container to the Service Recipient. Collection Container repair 1931 also includes the removal of graffiti from the Collection Container. 1932 12.02.4 Collection Container Exchange. Upon notification to Contractor by City or a Service 1933 Recipient that a change in their Collection Containers is required, Contractor must deliver such Collection 1934 Containers to such Service Recipient within five (5) Work Days. Each Commercial Service Unit is eligible to 1935 receive one (1) free Collection Container exchange per Calendar Year during the term of this Agreement. 1936 Contractor is allowed to charge the Service Unit for the cost of those exchanges in excess of one (1) 1937 Collection Container exchange per Calendar Year, in accordance with the appropriate “Collection Container 1938 Exchange” service rate set forth in Exhibit 1 as may be adjusted by City under this Agreement. Additional 1939 Collection Containers or different size Collection Containers are subject to the applicable Service Rate set 1940 forth in Exhibit 1.
1941 12.02.5 Ownership of Collection Containers. Ownership of Collection Containers distributed 1942 by Contractor is vested in Contractor.
1943 12.02.6 Cleaning of Collection Containers. Once each Calendar Year, if requested by the 1944 Commercial Service Unit, Contractor must clean all Collection Containers or must replace the dirty Collection 1945 Containers with clean Collection Containers. Any Collection Container cleanings done at Contractor facility 1946 must be done in such a manner that results in no water entering the City’s storm drain system. This service 1947 must be provided at no charge to the Service Unit, so long as the service is not requested more than once 1948 per Calendar Year. In addition, regardless of whether or not this cleaning is requested by the Service Unit, 1949 Contractor will ensure that all Collection Containers are cleaned on an as-needed basis so as to maintain a 1950 clean appearance and proper function. Additional cleanings beyond once each Calendar Year will be subject 1951 to the Service Rate set forth in Exhibit 1.
1952 12.03 Commercial Garbage Collection Service.
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1953 12.03.1 Conditions of Service. Contractor must provide Commercial Garbage Collection 1954 Service to all Commercial Service Units in the Service Area whose Garbage is properly containerized in 1955 Garbage Collection Containers, where the Garbage Collection Containers are accessible. 1956 12.03.2 Size and Frequency of Service. This service must be provided as deemed 1957 necessary and determined between Contractor and the Commercial Service Unit, but such service must be 1958 received no less than one (1) time per week with no exception for holiday(s) as set forth herein, except that 1959 Collection service scheduled to fall on a holiday may be rescheduled as determined between the Service 1960 Unit and Contractor as long as the minimum frequency requirement is met. The size of the container and 1961 the frequency (above the minimum) of Collection will be determined between the Commercial Service Unit 1962 and Contractor. However, size and frequency must be sufficient to provide that no Solid Waste need be 1963 placed outside the Collection Container. Contractor must provide containers as part of the Commercial 1964 Collection Maximum Service Rates set forth in Exhibit 1. Service Recipients may own and provide their own 1965 Compactor provided that the Service Recipient is completely responsible for its proper maintenance, and 1966 such Compactor is of a type that is compatible with Contractor's equipment. All other Collection Containers 1967 used by Service Recipients must be owned and supplied by Contractor. 1968 12.03.3 Non-Collection. Contractor is not required to Collect any Commercial Solid Waste 1969 that is not placed in a Garbage Collection Container unless such Commercial Solid Waste is outside the 1970 Garbage Collection Container because of overflow. In the event of non-collection or overflow, Contractor 1971 must follow the steps as set forth in Section 5.13. 1972 12.03.4 Disposal Facility. All Solid Waste collected as a result of performing Commercial 1973 Solid Waste Integrated Waste Management Services must be transported to, and disposed of, at the 1974 Disposal Facility. In the event the Disposal Facility is closed on a Work Day, Contractor must transport and 1975 dispose of Solid Waste at another legally permitted disposal facility. Failure to comply with this provision will 1976 result in the levy of a penalty as specified in Exhibit 6 and may result in Contractor being in default under 1977 this Agreement. City has the right to designate Disposal Facility and agrees to adjust Maximum Service 1978 Rates to reflect City’s exercise of flow control rights. 1979 12.04 Commercial Recyclable Materials Service. This service is governed by the following terms 1980 and conditions:
1981 12.04.1 Conditions of Service. Contractor must provide Commercial Recyclable Materials 1982 Service to all Commercial Service Units in the Service Area whose Recyclable Materials are properly 1983 containerized in Recyclable Materials Collection Containers except as set forth below, where the Recyclable 1984 Materials Collection Containers are accessible. The Maximum Service Rates for Contractor’s Commercial 1985 Recyclable Materials Services are set forth in Exhibit 1. 1986 12.04.2 Base Commercial Recyclable Materials Service. All Commercial Service Recipients 1987 subscribing to Commercial Solid Waste Collection Service must receive weekly collection of Recyclable 1988 Materials with a minimum of at least one 96-gallon Blue Recyclable Materials Cart per Service Recipient at 1989 no additional cost as part of the base service and included in the Bundled Rate set forth in Exhibit 1. The 1990 actual configuration of Recyclable Materials Collection Container sizes to be provided will be based on the
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1991 total equivalent volume and configured in a manner determined by the Service Recipient in consultation with 1992 Contractor.
1993 12.04.3 Size and Frequency of Service. This service will be provided as deemed necessary 1994 and determined between Contractor and the Service Recipient, but such service must be received no less 1995 than one (1) time per week with no exception for holiday(s) as set forth herein, except that Collection service 1996 scheduled to fall on a holiday may be rescheduled as determined between the Service Recipient and 1997 Contractor as long as the minimum frequency requirement is met. Service may be provided by Collection 1998 Container at the option of the Service Recipient. The size of the Collection Container and the frequency 1999 (above the minimum) of Collection will be determined between the Service Recipient and Contractor. 2000 However, size and frequency must be sufficient to provide that no Recyclable Materials need be placed 2001 outside the Collection Container. Contractor may charge for Commercial Recyclable Materials Services 2002 above the weekly trash volume equivalent and must provide Recyclable Materials Collection Containers as 2003 a part of the Bundled Service with rates set forth in Exhibit 1. Service Recipients may own and provide their 2004 own Compactor provided that the Service Recipient is completely responsible for its proper maintenance, 2005 and such Compactor is of a type that is compatible with Contractor's equipment. All other Collection 2006 Containers used by Service Recipients must be owned and supplied by Contractor. 2007 12.04.4 Recyclable Materials - Improper Procedure. Contractor is not required to Collect 2008 Recyclable Materials if the Service Recipient does not segregate the Recyclable Materials from Commercial 2009 Solid Waste and Organic Waste. Furthermore, Contractor is not required to collect Recyclable Materials that 2010 are contaminated through commingling with Solid Waste or Organic Waste. To address contamination, 2011 Contractor must follow the steps as set forth in Section 5.07. 2012 12.04.5 Materials Recovery Facility. All Recyclable Materials Collected as a result of 2013 performing Recyclable Materials Services must be delivered to the Materials Recovery Facility listed in 2014 Exhibit 9. Failure to comply with this provision will result in the levy of a penalty as specified in Exhibit 6 and 2015 may result in Contractor being in default under this Agreement. All expenses related to materials processing 2016 and marketing will be the sole responsibility of Contractor. City has the right to designate Materials Recovery 2017 Facility and agrees to adjust Maximum Service Rates to reflect City’s exercise of flow control rights. 2018 12.04.6 Recyclable Materials - Changes to Work. Should changes in law arise that 2019 necessitate any additions or deletions to the work described herein including the type of items included as 2020 Recyclable Materials, the parties will negotiate any necessary cost changes and will enter into an Agreement 2021 amendment covering such modifications to the work to be performed and the compensation to be paid in 2022 accordance with Section 31.01.1 before undertaking any changes or revisions to such work. 2023 12.04.7 Compliance with AB 341 & SB 1383. Contractor will develop and maintain its 2024 Commercial Recyclable Materials Service in a manner designed to assist City and the Service Recipients to 2025 achieve and maintain compliance with the Applicable Law, inclusive of AB 341 and SB 1383. Contractor will 2026 notify Commercial Service Recipients of the requirements to comply with the laws by November 2023, and 2027 not less than annually thereafter. Contractor must provide the necessary volume of Collection Service to 2028 Commercial Service Units to be in full compliance with the Applicable Law. In conjunction with the City’s 2029 ordinance supporting full compliance with the Applicable Law, inclusive of AB 341 and SB 1383 by
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2030 Commercial Service Units (i.e., “generators”), Contractor will conduct in-person outreach to all non2031 participating commercial covered generators a minimum of once per calendar year. Failure to conduct such 2032 outreach will result in a penalty as specified in Exhibit 6. 2033 12.04.8 Additional Recyclable Materials Collection containers. Contractor must provide 2034 additional Recyclable Materials Collection Containers to Commercial Service Recipients above the minimum 2035 requirements within five (5) days of request and may charge for such additional capacity set forth in Exhibit 2036 1 provided that additional Collection Containers are used by Service Recipients for the purposes of setting 2037 out additional Recyclable Materials for regular weekly Commercial Recyclable Materials Service. 2038 12.05 Commercial Organic Waste Collection Service. This service is governed by the following 2039 terms and conditions:
2040 12.05.1 Conditions of Service. Contractor must provide Commercial Organic Waste 2041 Collection Service to all Commercial Service Units in the Service Area whose Organic Waste is properly 2042 containerized in Organic Collection Containers, where the Organic Waste Collection Containers are 2043 accessible. Contractor will conduct a site visit with each non-exempt Service Recipient to determine the 2044 specific materials to be included in the Service Recipient’s Organic Waste Collection (i.e., Food Waste, 2045 Green Waste, combined Food and Green Waste). Contractor will charge for collection of Organic Waste 2046 within the Bundled Service rate specified in Exhibit 1. For Organic Waste collected in Collection Containers 2047 beyond the size specified in the Bundled Service rate, Contractor will charge at the rate set forth in Exhibit 2048 1. Contractor agrees that not all Service Units will elect to receive Organic Waste Collection Service in Carts, 2049 and that Contractor will provide Organic Waste Collection Bins upon request and as necessary. Service 2050 Recipients may elect to add Green Waste only Collection Bins to their service at pricing included in Exhibit 2051 1. Contractor will provide a sufficient number of Collection Containers and at a collection frequency to allow 2052 for any such Service Unit to utilize the collection of Organic Waste. Commercial Organic Waste Collection 2053 will occur Monday through Saturday upon request and as necessary. City shall provide Contractor a list of 2054 the names and addresses of Commercial Service Units that are approved by City for exemption from Organic 2055 Waste Collection.
2056 12.05.2 Organic Waste Processing Services. Contractor must ensure that all Organic Waste 2057 Collected pursuant to this Agreement is diverted from the landfill in accordance with Applicable Law. 2058 Contractor must ensure that the Organic Waste Collected pursuant to this Agreement is not disposed of in 2059 a landfill, except for residue resulting from processing. If the organics processing facility accepts bagged 2060 organic waste, then Contractor is obligated to accept bagged Organic Waste. 2061 12.05.3 Organic Waste Processing Facility. Contractor must deliver all Collected Organic 2062 Waste to a fully permitted Organic Waste Processing Facility or a fully permitted Organic Waste transfer 2063 station listed in Exhibit 9. Failure to comply with this provision will result in the levy of a penalty as specified 2064 in Exhibit 6 and may result in Contractor being in default under this Agreement. All expenses related to 2065 Organic Waste processing and marketing will be the sole responsibility of Contractor. City has the right to 2066 designate Organic Waste Processing Facility and agrees to adjust Maximum Service Rates to reflect City’s 2067 exercise of flow control rights.
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2068 12.05.4 Organic Waste Collection Frequency. Contractor must comply with CalRecycle 2069 collection frequency requirements as they may apply during the term of this Agreement. If any such changes 2070 to collection frequency are adopted after Effective Date that result in Contractor being allowed to reduce the 2071 frequency of Garbage or Organic Waste Collection, or otherwise cause Contractor to reduce its collection 2072 costs as a result in a change in Garbage or Organic Waste collection frequency, Contractor must provide 2073 City with its estimate of reduced its costs and shall make adjustments to the Maximum Service Rates. 2074 12.05.5 Base Commercial Organic Waste Service. All Commercial Service Recipients 2075 subscribing to Commercial Garbage Collection Service must receive weekly collection of the equivalent 2076 volume of at least one (1) 32-gallon Green Organic Waste Cart per Service Recipient at no additional cost 2077 as part of the base service included in the Bundled Service rate. The actual configuration of Organic Waste 2078 Collection Container sizes to be provided will be based on the total equivalent volume and configured in a 2079 manner determined by the Service Recipient in consultation with Contractor. Contractor may charge for 2080 Commercial Organic Waste Collection as set forth in Exhibit 1 for Commercial Organic Waste Service 2081 greater than the base 32-gallon Organic Waste Cart. 2082 12.05.6 Size and Frequency of Service. This service will be provided as deemed necessary 2083 and determined between Contractor and the Service Recipient, but such service must be received no less 2084 than one (1) time per week with no exception for holiday(s) as set forth herein, except that Collection service 2085 scheduled to fall on a holiday may be rescheduled as determined between the Service Recipient and 2086 Contractor as long as the minimum frequency requirement is met. Service may be provided by Bin or Cart 2087 at the option of the Service Recipient. The size of the container and the frequency (above the minimum) of 2088 Collection will be determined between the customer and Contractor. However, size and frequency must be 2089 sufficient to provide that no Organic Waste needs be placed outside the Collection Container. Service 2090 Recipients may own and provide their own Compactor provided that the Service Recipient is completely 2091 responsible for its proper maintenance, and such Compactor is of a type that is compatible with Contractor's 2092 equipment. All other Collection Containers used by Service Recipients must be owned and supplied by 2093 Contractor.
2094 12.05.7 Organic Waste - Improper Procedure. Contractor is not required to Collect Organic 2095 Waste if the Service Recipient does not separate the Organic Waste from Solid Waste and Recyclable 2096 Materials. Furthermore, Contractor is not required to collect Organic Waste that is contaminated through 2097 commingling with Solid Waste or Recyclable Materials. To address contamination, Contractor must follow 2098 the steps set forth in Section 5.07.
2099 12.05.8 Organic Waste - Changes to Services. Should changes in law arise that necessitate 2100 any additions or deletions to the services described in this Section including the type of items included as 2101 Organic Waste, the parties will negotiate any necessary cost changes and will enter into an Agreement 2102 amendment covering such modifications to the services to be performed and the compensation to be paid 2103 in accordance with Section 31.01.1 before undertaking any changes or revisions to such services. 2104 12.05.9 Compliance with AB 1826 & SB 1383. Contractor will develop and maintain its 2105 Commercial Organic Waste Collection Service in a manner designed to assist City and Service Recipients 2106 to achieve and maintain compliance with Applicable Law inclusive of AB 1826 and SB 1383. Contractor will
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2107 notify non-exempt covered businesses of the requirements to comply with the Applicable Law in November 2108 2023, and no less than annually thereafter. Contractor will offer to provide the volume of collection service 2109 that covered businesses require to be in compliance with the law. In conjunction with the City’s ordinance 2110 supporting full compliance with the Applicable Law inclusive of AB 341, SB 1383 and AB 827 by Commercial 2111 Service Units (i.e., “generators”), Contractor will conduct in-person outreach to all non-participating non2112 exempt commercial covered generators as specified in Section 21.02. Failure to conduct such outreach will 2113 result in a penalty as specified in Exhibit 6.
2114 12.05.10Additional Organic Waste Collection Containers. Contractor must provide 2115 additional Organic Waste Collection Containers to Service Recipients at the rates listed in Exhibit 1 provided 2116 that additional Collection Containers are used by Service Recipients for the proposes of setting out additional 2117 Organic Waste materials for regular weekly Organic Waste Collection Service. 2118 Article 13. Mixed Use Dwelling (MXD) Service
2119 13.01 MXD Collection Service. As in Section 12.01. 2120 13.02 MXD Solid Waste Collection Service. As in Section 12.03. 2121 13.03 MXD Recyclable Materials Service. As in Section 12.04. 2122 13.04 MXD Move In/Out Collection Service. As in Section 10.08.4. 2123 13.05 MXD Organic Waste Collection Service. As in Section 12.05. 2124 13.06 MXD Bulky Waste Collection Services. As in Section 10.10; Contractor may charge Service 2125 Recipients for Bulky Waste Collections subject to the Maximum Service Rate in Exhibit 1. 2126 Article 14. Manure Services
2127 14.01 Manure Conditions of Service. Except as set forth below, Contractor must provide Manure 2128 Services to all SFD, MFD/MDX, Commercial, and City Premises in the Service Area that are subscribed to 2129 this optional service. The Manure Services are governed by the following terms and conditions:
2130 14.01.1 Curb Service. Except for those Service Recipients that choose to receive Bins for 2131 service, Contractor must provide Manure Service to all SFD, MFD/MDX, Commercial, and City Service Units 2132 in the Service Area whose Manure is properly containerized in Carts, except as set forth in Section 10.09.3, 2133 where the Garbage, Recyclable Materials, Organic Waste, and Manure Carts have been placed within three 2134 (3) feet of the curb, swale, paved surface of the public roadway, closest accessible roadway, or other such 2135 location agreed to by Contractor and Service Recipient, that will provide safe and efficient accessibility to 2136 Contractor's Collection crew and vehicle.
2137 14.01.2 On-Premises Service. Notwithstanding any term or definition set forth in this 2138 Agreement, Contractor must provide Collection of SFD, MFD/MDX, Commercial, and City Manure on the 2139 Service Recipients premises to a Service Unit as follows.
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2140 14.01.2.1 At no additional cost to the Service Unit. Service Units where all 2141 adult Service Recipients residing therein have disabilities that prevent them from setting their Manure Cart 2142 at the curb for Collection, and if a request for on-premises service has been made. 2143 14.01.2.2 At an additional cost to the Service Unit. 2144 D. Service Units where topography, steep driveways, below grade dwellings, or 2145 limited access to public streets that prevents the Service Recipient from setting their Manure Cart at the 2146 curb for Collection, as determined by the City and agreed by the Contractor, and if a request for on-premises 2147 service has been made.
2148 E. Service Units inaccessible by standard 3 or 4 axel Collection Vehicles as 2149 determined by the Contractor and agreed by the City. Stinger/scout truck services shall be provided for the 2150 retrieval of Collection Containers from locations with accessibility constraints or weight concerns that make 2151 Containers difficult or impossible to access using regular trash collection trucks. 2152 F.Contractor must offer “push services” to Service Recipients other than those listed above 2153 on a subscription basis upon request for the Service Rate set forth in Exhibit 1. Push services include, but 2154 are not limited to, dismounting from the Collection Vehicle, moving the Collection Containers from their 2155 storage location for Collection and returning the Collection Containers back to their storage location. 2156 14.01.2.3 Contractor must provide on-premises Collection Service on the 2157 same Work Day that curbside Collection would otherwise be provided to the Service Unit. 2158 14.02 Frequency and Scheduling of Cart Service. Except as set forth in Section 10.10, Manure 2159 Collection Service must be provided one (1) time per week on a scheduled route basis. Manure Collection 2160 Service for SFD Service Units must be scheduled so that all SFD Service Units receive Manure Collection 2161 Service on the same Work Day that Collection of other commodities is provided. Manure Collection Service 2162 must be provided, commencing no earlier than 6:00 a.m. and terminating no later than 6:00 p.m., Monday 2163 through Friday, except for Holidays in accordance with Section 5.03. The hours, day, or both of Collection 2164 may be extended due to extraordinary circumstances or conditions with the prior verbal or written consent of 2165 the Agreement Administrator.
2166 14.02.1 Size and Frequency of Bin Service. This service will be provided as deemed 2167 necessary and determined between Contractor and the Service Recipient, but such service must be received 2168 no less than one (1) time per week with no exception for holiday(s) as set forth herein, except that Collection 2169 service scheduled to fall on a holiday may be rescheduled as determined between the Service Recipient 2170 and Contractor as long as the minimum frequency requirement is met. The size of the container will be a 2171 maximum of 2 yds and the frequency (above the minimum) of Collection will be determined between the 2172 customer and Contractor. However, size and frequency must be sufficient to provide that no Manure needs 2173 be placed outside the Collection Container. Collection Containers used by Service Recipients must be 2174 owned and supplied by Contractor.
2175 14.03 Manner of Collection. The Contractor must provide Collection Service with as little 2176 disturbance as possible and must leave any Manure Cart in an upright position at the same point it was 2177 Collected without obstructing alleys, roadways, driveways, sidewalks, or mailboxes. Contractor’s employees
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2178 providing Collection Service must follow the regular walk for pedestrians while on private property and may 2179 not trespass nor cross property to the adjoining premises unless the occupant or owner of both properties 2180 has given permission. Care should be taken to prevent damage to property, including flowers, shrubs, and 2181 other plantings.
2182 14.04 New Carts/Bins. At the start of this Agreement, Contractor must supply new Carts and 2183 newly painted Bins that comply with Collection Container specifications in Exhibit 4. If any changes to these 2184 specifications are adopted after the Effective Date that results in Contractor being required to replace 2185 Collection Containers before they have been fully depreciated, Contractor will be eligible for additional 2186 compensation in accordance with Exhibit 1.
2187 14.05 Replacement of Carts. Contractor’s employees must take care to prevent damage to Carts 2188 by unnecessary rough treatment. However, any Cart damaged by the Contractor must be replaced by 2189 Contractor, at Contractor's expense, within five (5) Work Days at no cost or inconvenience to the Service 2190 Recipient.
2191 14.05.1 Upon notification to Contractor by City or a Service Recipient that the Service 2192 Recipient’s Cart(s) has been stolen or damaged beyond repair through no fault of Contractor, Contractor 2193 must deliver a replacement Cart(s) to such Service Recipient within five (5) Work Days. Contractor must 2194 maintain records documenting all Cart replacements occurring and report through the Waste Reporting 2195 System monthly.
2196 14.05.2 Each Service Recipient is entitled to the replacement of one (1) lost, destroyed, or 2197 stolen Cart every ten (10) years during the life of this Agreement at no cost to the Service Recipient. Except 2198 in the case of a Cart that must be replaced because of damage caused by Contractor or in the case where 2199 Contractor elects to replace a Cart rather than repair it on-site, Contractor will be compensated for the cost 2200 of those replacements in excess of one (1) per type of Cart per Service Recipient during the term of the 2201 Agreement, in accordance with the “Cart Exchange” Service Rate set forth in Exhibit 1, or as may be adjusted 2202 by the City from time to time as provided under this Agreement. 2203 14.05.3 Repair of Manure Carts and Bins. Contractor is responsible for the repair of Carts 2204 and Bins, including but not be limited to, hinged lids, wheels, and axles. Within five (5) Work Days of 2205 notification by the City or a Service Recipient of the need for such repairs, Contractor must repair the Cart 2206 or Bin or if necessary, remove the Cart or Bin for repairs and deliver a replacement Cart or Bin to the Service 2207 Recipient.
2208 14.05.4 Cart Exchange. Upon notification to Contractor by City or a Service Recipient that 2209 a change in the size of a Cart is requested, Contractor must deliver such Cart to such Service Recipient 2210 within five (5) Work Days. Each SFD Service Unit is eligible to receive one (1) free Cart exchange per 2211 Calendar Year during the term of this Agreement for moving to a larger Cart size. Each SFD Service Unit is 2212 eligible to receive unlimited Cart exchanges per Calendar Year during the term of this Agreement for moving 2213 to a smaller Cart size. Accordingly, Contractor will be compensated only for the cost of those exchanges in 2214 excess of one (1) per Calendar Year for those Service Units receiving larger Cart sizes, in accordance with 2215 the “Cart Exchange” service rate as set forth in Exhibit 1 or as may be adjusted this Agreement.
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2216 14.05.5 Additional Cart Request. Upon notification to the Contractor by City or a Service 2217 Recipient that additional Carts for Manure are requested, Contractor shall deliver such Carts to such Service 2218 Recipient within five (5) Work Days, at the rate set forth in Exhibit 1. 2219 14.05.6 Ownership of Carts. Ownership of Carts is vested in the Contractor. 2220 14.06 Cleaning of Collection Containers. Once each Calendar Year, if requested by the Service 2221 Recipient, Contractor must replace the dirty Collection Containers with clean Collection Containers. Any 2222 Collection Container cleanings done at a Contractor facility must be done in such a manner that results in no 2223 water entering the City’s storm drain system. This service must be provided at no charge to the Service 2224 Recipient, so long as the service is not requested more than once per Calendar Year. In addition, regardless 2225 of whether or not this cleaning is requested by the Service Recipient, Contractor will ensure that all Collection 2226 Containers are cleaned on an as-needed basis so as to maintain a clean appearance and proper function. 2227 Additional cleanings beyond once each Calendar Year will be subject to the Service Rate set forth in Exhibit 2228 1.
2229 14.07 Manure Collection Service. This service is governed by the following terms and conditions:
2230 14.07.1 Manure Processing Services. Contractor must ensure that all Manure Collected 2231 pursuant to this Agreement is diverted from the landfill in accordance with Applicable Law. Contractor must 2232 ensure that the Manure Collected pursuant to this Agreement is not disposed of in a landfill, except for 2233 residue resulting from processing.
2234 14.07.2 Manure Processing Facility. Contractor must deliver all Collected Manure to a fully 2235 permitted Processing Facility or a fully permitted Transfer Station, that has been listed in Exhibit 9 and agreed 2236 upon by the City. All expenses related to Manure processing and marketing will be the sole responsibility of 2237 Contractor. Failure to comply with this provision will result in the levy of a penalty as specified in Exhibit 6 2238 and may result in Contractor being in default under this Agreement. City has the right to designate Manure 2239 Processing Facility.
2240 14.07.3 Non-Collection. Contractor is not required to Collect Manure if the Service Recipient 2241 does not segregate the Manure from Solid Waste, Recyclable Materials, or Organic Waste. Furthermore, 2242 Contractor is not required to Collect Manure that are contaminated through commingling with Solid Waste, 2243 Recyclable Materials, or Organic Waste. Contractor will address contamination in accordance with Section 2244 5.07. Contractor is not required to Collect Manure if Container is determined to be unsafe due to being 2245 overweight, however, Contractor must tag the Container with a non-collection notice and return within 2246 twenty-four (24) hours to provide collection service with any necessary equipment needed to provide such 2247 service. In instances where 96 gallon Manure carts are consistently tagged as overweight, Contractor and/or 2248 Service Recipient may opt to instead use two (2) 64 gallon carts at the same rate as one (1) 96 gallon cart 2249 (this option of correct measure applies only to Manure service). 2250 14.07.4 Roll-Off Service. Contractor shall provide Roll-Off Manure Service up to a maximum 2251 of 10 yds to Service Recipients requiring such Collection service. Contractor shall deliver such Container
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2252 within two Business Days of request. The Contractor shall receive compensation from the customer at the 2253 rate for such service as set in Exhibit 1.
2254
2255 Article 15. City Services
2256 15.01 City Collection Services.
2257 15.01.1 Contractor shall provide Garbage, Recyclable Materials, and Organic Waste 2258 Collection Services to all City Service Units set forth in Exhibit 3, or as City may designate in the future (and 2259 where applicable, subject to the conditions in this Section), where the Containers are not blocked and are 2260 accessible by Contractor’s Collection Vehicles.
2261 15.01.2 Bulky Waste Collection Service. Contractor shall collect Bulky Waste , including E2262 Waste and Universal Waste, from City Services Units as listed on Exhibit 3 on an on-call basis on the same 2263 terms and conditions as are provided to SFD Service Units per Section 10.10. 2264 15.01.3 City Transit Shelters. Contractor shall provide Garbage collection services to public 2265 trash cans and City-owned bus stops not less than three (3) days per week. Collection service at City Transit 2266 Shelters shall include power washing public trash cans and maintaining cleanliness in and around the trash 2267 cans on an annual basis. City Transit Shelter Garbage collection service areas are specified in Exhibit 3. 2268 15.01.4 Development Review. Contractor, upon City’s request, shall assist the City in the 2269 review of applicants’ plans for projects covered by Public Resources Code § 42911, including commercial 2270 and multi-family projects, to provide for effective and economical accumulation and collection of Solid Waste. 2271 15.01.5 Abandoned Waste Removal. Within one (1) Work Day of a request from the 2272 Agreement Administrator, Contractor shall provide abandoned waste removal services. Contractor shall be 2273 responsible for loading or arranging for loading of abandoned waste. Contractor shall collect, transport, and 2274 deliver abandoned waste to a Disposal Facility, the Materials Recovery Facility, or Organics Processing 2275 Facility, as appropriate given the characteristics of the abandoned waste. Contractor shall collect, transport, 2276 and process the abandoned waste from illegal dumping locations identified by the City each Agreement Year 2277 at no charge to the City.
2278 15.02 City Collection Conditions of Service. City Collection Services shall be governed by the 2279 following terms and conditions:
2280 15.02.1 Contractor’s Good Will. In exchange for the good will of the City and the general 2281 public, Contractor voluntarily agrees to provide Integrated Waste Management Services under this Article at 2282 no cost to the City excepting excess service as provided in this Article, and warrants that such service shall 2283 neither impact the Maximum Service Rates nor be otherwise paid for or subsidized by any other Service 2284 Recipients.
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2285 15.02.2 Contractor shall receive written permission from the City before placing any 2286 Collection Containers on City owned property for service, except that no such permission shall be needed 2287 to place Collection Containers at locations specified for such Containers in Exhibit 3. 2288 15.02.3 Contractor shall limit the number of trips and the path of travel for Collection 2289 Vehicles in City parking lots.
2290 15.02.4 Container Service. City Facilities shall be provided Integrated Waste Management 2291 Services generally subject to the same terms and conditions as similar Service Units regarding Container 2292 specifications, repair, replacement, cleanings, and exchange; provided the City shall not be charged for any 2293 requests for such services.
2294 15.02.5 Frequency of Service. The frequency of collection may be designated by the City, 2295 but not to exceed six (6) times per week per container. City may change the City Service Units receiving 2296 service, and the container volume and Collection frequency provided to any City Service Unit, by written 2297 notice to Contractor.
2298 15.03 Street Sweeping Services. Upon City’s request and subject to mutual agreement between 2299 City and Contractor regarding the amount and timing of an adjustment to Service Recipient Rates, Contractor 2300 shall provide street sweeping services and/or catch basin cleaning to City in accordance with the terms and 2301 conditions set forth on Exhibit 13 Street Sweeping Services. City and Contractor shall mutually agree on the 2302 date in which to begin performance of such services. 2303 Article 16. Additional Services
2304 16.01 Reserved.
2305 Article 17. Collection Routes
2306 17.01 Service Routes. Contractor must provide City with maps and digital mapping data precisely 2307 defining Collection routes, together with the days and the times at which Collection will regularly commence. 2308 17.02 Initial Route Changes. Contractor agrees not to change any Residential Integrated Waste 2309 Management Services routes in effect as of the Effective Date of this Agreement prior to July 1, 2025, except 2310 for limited route changes that may be necessary for new development, and subject to review and approval 2311 by the City. After July 1, 2025, if any re-routing of Residential Integrated Waste Management Services is 2312 necessary for collection efficiency, Contractor may submit to City, in writing, proposed route changes 2313 (including maps thereof) not less than sixty (60) calendar days prior to the proposed date of implementation. 2314 Any such initial routing change may not affect more than ten percent (10%) of SFD Service Units in the City 2315 and is subject to City review and approval.
2316 17.03 Future Service Route Changes. Contractor must submit to City, in writing, any proposed 2317 route change (including maps thereof) not less than sixty (60) calendar days prior to the proposed date of 2318 implementation. Contractor may not implement any route changes without the prior review of the Agreement 2319 Administrator. If the change will change the Collection day for a Service Recipient, Contractor must notify
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2320 those Service Recipients in writing of route changes not less than thirty (30) days before the proposed date 2321 of implementation.
2322 17.04 Collection Route Audits. City reserves the right to conduct audits of Contractor’s Collection 2323 routes. Contractor must cooperate with City in connection therewith, including permitting City employees or 2324 agents, designated by the Agreement Administrator, to ride in the Collection Vehicles to conduct the audits. 2325 Contractor has no responsibility or liability for the salary, wages, benefits or worker compensation claims of 2326 any person designated by the Agreement Administrator to conduct such audits. 2327 17.05 Route Reviews.
2328 17.05.1 General Requirements. At least once annually, beginning in 2024, Contractor or its 2329 approved designee shall conduct a Route Review for each Collection Route. The number of Containers to 2330 review per Collection Route shall be calculated on the basis of the number of garbage accounts provided 2331 service by a specific Collection Route for one week. For example, “Route A” collects garbage from 250 2332 accounts, 4 days per week for a total of 1,000 accounts per week; include a minimum of 25 accounts for 2333 Route Review of “Route A”. For each Route Review of a Collection Route, Contractor shall inspect at least 2334 the following minimum number of Containers but may inspect more if Contractor deems necessary; and shall 2335 inspect all Containers placed for collection (including Recycling Containers, Organics Containers, Garbage 2336 and Manure Containers). Each inspection shall involve lifting the Container lid and observing the contents 2337 but shall not require Contractor to disturb the contents or open any bags. Contractor may select the 2338 Containers to be inspected at random, or (if mutually agreed with City) by any other method not prohibited 2339 under the SB 1383 Regulations. For the avoidance of doubt, Contractor shall not be required to annually 2340 inspect every Container on a Hauler Route. Contractor shall include the results of each Route Review in its 2341 next regularly scheduled report to City, as required by Article 23 of this Agreement.
Route Size (# of garbage accounts/week) Minimum Number of Containers Fewer than 1,500 25
1,500-3,999 30
4,000-6,999 35
7,000 or more 40
2342
2343 Article 18. Minimum Performance Standards
2344 18.01 Billing Audit and Performance Reviews.
2345 18.01.1 Contractor Shall Review its Billings to all Customers. The purpose of the review is 2346 to determine that the amount which the Contractor is billing each Customer is correct regarding the level of 2347 service (i.e., frequency of collection, size of container, location of container) at the rates approved by City 2348 Council resolution. The Contractor shall review Customer accounts not less than annually and provide a
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2349 written certification to the City that all such billing is correct. The documentation of the review, as well as 2350 verification that any errors have been corrected should be provided to the City annually. 2351 18.01.2 Selection and Cost. City may conduct billing audit and performance reviews 2352 (together, “reviews”) of Contractor’s performance during the term of this Agreement, as provided herein. The 2353 reviews will be performed by the City or a qualified firm under contract to City. City will have the final 2354 responsibility for the selection of the firm. City may conduct reviews at any time during the term of the 2355 Agreement. Contractor agrees to pay one hundred percent (100%) cost of the audits and performance 2356 reviews, not to exceed eighty-five thousand dollars ($85,000) per review, provided for under Section 18.01.5. 2357 18.01.2.1 Full Reviews During Term. City may conduct two (2) full reviews 2358 with costs apportioned as stated in Section 18.01.2 during the Initial Term of this Agreement. The purpose 2359 of these full reviews will be as described in Section 18.01.3 below. 2360 18.01.3 Purpose. The reviews will be designed to verify that customer billing rates have 2361 been properly calculated and they correspond to the level of service received by the customer, verify that 2362 Contractor is correctly billing for all services provided, Franchise Fees and other fees required under this 2363 Agreement have been properly calculated and paid to City, verify Contractor’s compliance with the reporting 2364 requirements and performance standards of this Agreement, verify the diversion percentages reported by 2365 Contractor, and verify any other provisions of the Agreement. City (or its designated consultant) may utilize 2366 a variety of methods in the execution of this review, including, but not limited to, analysis of relevant 2367 documents, on-site and field observations, and interviews. City (or its designated consultant) will review and 2368 document the items in the Agreement that require Contractor to meet specific performance standards, submit 2369 information or reports, perform additional services, or document operating procedures, that can be 2370 objectively evaluated. This information will be documented and be formatted in a “compliance checklist” with 2371 supporting documentation and findings tracked for each of the identified items. The review will specifically 2372 include a determination of Contractor’s compliance with the diversion requirements of Article 8, and the 2373 public outreach and education requirements of Article 21. City (or its designated consultant) may review the 2374 customer service functions and structure utilized by Contractor. This may include Contractor’s protocol for 2375 addressing customer complaints and service interruption procedures. Complaint logs may be reviewed, 2376 along with procedures and systems for tracking and addressing complaints. On-site and field observations 2377 by City (or its designated consultant) may include, but are not necessarily limited to:
2378 18.01.3.1 Interviews and discussions with Contractor’s administration and 2379 management personnel;
2380 18.01.3.2 Review and observation of Contractor’s customer service functions 2381 and structure;
2382 18.01.3.3 Review of public education and outreach materials; 2383 18.01.3.4 Interviews and discussions with Contractor’s financial and accounting 2384 personnel;
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2385 18.01.3.5 Interviews with route dispatchers, field supervisors and managers; 2386 18.01.3.6 Interviews with route drivers;
2387 18.01.3.7 Interviews with vehicle maintenance staff and observation of 2388 maintenance practices; and
2389 18.01.3.8 Review of on-route Integrated Waste Management Services, including 2390 observation of driver performance and collection productivity and 2391 visual inspection of residential routes before and after collection to 2392 evaluate cart placement and cleanliness of streets. 2393 18.01.4 Contractor’s Cooperation. Contractor shall cooperate fully with the review and 2394 provide all requested data, including operational data, financial data, and other data reasonably requested 2395 by City within fifteen (15) Work Days of the request. 2396 18.01.5 Additional Billing Audit and Performance Review. In the event that the Billing Audit 2397 and Performance Review concludes that Contractor is not in compliance with all terms and conditions of this 2398 Agreement and such non-compliance is material, Contractor is subject to administrative fees and penalties 2399 as described in Exhibit 6 as well as reimbursement to the City for the full cost of the audit plus any 2400 underpayments discovered during the Audit. Additionally, City may conduct an Additional Billing Audit and 2401 Performance Review beyond the two (2) specified in Section 18.01.2.1, to ensure that Contractor has cured 2402 any such area of non-compliance. Contractor will be responsible for the cost of any such Additional Billing 2403 Audit and Performance Review for a maximum cost of Eighty-Five Thousand Dollars ($85,000) (starting on July 1, 2025 and each January 1st 2404 thereafter, with the maximum cost for the review adjusted annually by the 2405 change in the CPI). For the purposes of a determination of non-compliance under this Agreement, Audit 2406 findings which result in underpayments of $50,000 or more shall be deemed material. 2407 18.01.6 City Requested Program Review. City reserves the right to require Contractor to 2408 periodically conduct reviews of the Garbage, Recyclable Materials, and Organic Waste Collection Service 2409 programs, provided that such reviews are reasonable and can be accomplished at no additional cost to 2410 Contractor and without interfering with Contractor’s operations. Such reviews could assess one or more of 2411 the following performance indicators: average volume of Recyclable Materials per setout per customer, 2412 average volume of Organic Waste per setout per customer, participation level, contamination levels, etc. 2413 Prior to the program evaluation review, City and Contractor will meet and discuss the purpose of the review 2414 and agree on the method, scope, and data to be provided by Contractor. 2415 18.02 Cooperation with Other Program Reviews. Contractor shall cooperate with City and/or its 2416 agent(s) as reasonably requested to collect program data, perform field work, conduct route audits to 2417 investigate customer participation levels and setout volumes and/or evaluate and monitor program results 2418 related to Garbage, Recyclable Materials, Organic Waste, and Manure collected in City by Contractor, 2419 provided that such cooperation can be accomplished at no additional cost to Contractor and without interfering 2420 with Contractor’s operations.
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2421 Article 19. Collection Equipment
2422 19.01 General Provisions. All equipment used by Contractor in the performance of services under 2423 this Agreement must be of a high quality and meet all Federal, State, and local regulations and air quality 2424 standards, including all applicable provisions of Air Quality Management District. Collection vehicles must be 2425 designed and operated so as to prevent collected materials from escaping from the vehicles. Hoppers must 2426 be closed on top and on all sides with screening material to prevent collected materials from leaking, blowing 2427 or falling from the vehicles. All trucks and containers must be watertight and must be operated so that liquids 2428 do not spill during Collection or in transit.
2429 19.02 Bulky Waste. Vehicles used for Collection of Bulky Waste may not use compactor 2430 mechanisms or mechanical handling equipment that may damage reusable goods or release Freon or other 2431 gases from pressurized appliances.
2432 19.03 Collection Vehicles. Contractor must use Collection Vehicles as listed in the schedule 2433 included in Exhibit 5 and may not use any Collection Vehicle that is more than ten (10) years old during the 2434 term of the Agreement. Contractor shall register all new Collection Vehicles under this Agreement to its 2435 address within the City, and shall report all purchases of Collection Vehicles under this Agreement as 2436 attributable to the City for sales tax purposes. Collection Vehicles must utilize low carbon (“alternative”) fuel, 2437 which must be renewable natural gas, LNG, CNG, or electric unless otherwise pre- authorized by the City in 2438 writing. If during the term of the Franchise Agreement, new technologies are available such as hybrid or 2439 electric powered collection vehicles, the City or the Contractor may request/negotiate implementation of such 2440 new collection vehicles, with a corresponding change to the Maximum Service Rates to reflect additional cost 2441 or savings. During the Term, to the extent required by law, Contractor shall provide its Collection Vehicles to 2442 be in full compliance with all Applicable Laws, including State and Federal clean air requirements that are 2443 adopted or proposed to be adopted, including, but not limited to, the California Air Resources Board Heavy 2444 Duty Engine Standards as currently proposed to be contained in California Code of Regulations, Title 13, 2445 sections 2020 et seq., the Federal EPA’s Highway Diesel Fuel Sulfur regulations and all other applicable air 2446 pollution control laws.
2447 19.04 Collection Vehicle Technology. Contractor must use Collection Vehicles fitted with GPS 2448 tracking devices that can be used to record start and stop times, vehicle locations, and maximum speed. 2449 Contractor shall furnish to the City at no additional cost or expense any software and equipment necessary 2450 for City to track the location of Collection Vehicles in real time and to generate reports as needed. Collection 2451 Vehicles must also be fitted with cameras that are programmed to take photos, date and location stamped, 2452 to document violations, including contamination, overfilling, and lids not closed. GPS and camera data must 2453 be accessible by City.
2454 19.05 Collection Vehicle Size Limitations / Overweigh Vehicle Charge. Contractor may not use 2455 any Collection Vehicle in violation of weight limitations in Applicable Law including any weight limitation placed 2456 on any public roadway or alley as adopted and posted by City. The Contractor may exceed the Collection 2457 Vehicle size limitation for a limited time due to extraordinary circumstances or conditions with the prior written 2458 consent of the Agreement Administrator. The limited time may not exceed 120 days. Contractor must report 2459 all instances of overweight vehicles to City as part of its quarterly Franchise Fee submittal described in Section
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2460 4.03, and as part of its Annual Reports to the City described in Section 23.02.2.9. Contractor may be assessed 2461 administrative charges as specified in Exhibit 6 as a result of exceeding an overweight vehicle rate of five 2462 percent (5.00%) in any Calendar Year during the term of the Agreement. The overweight vehicle rate will be 2463 calculated as the total number of overweight Collection Vehicle instances during the Calendar Year, divided 2464 by the total number of Collection Vehicle loads transported during the Calendar Year. Prior to collecting 2465 administrative charges for overweight vehicles, the City shall afford Contractor a reasonable opportunity to 2466 provide the Agreement Administrator documentation of the extraordinary circumstance that caused the 2467 overweight vehicles. Extraordinary circumstances in this particular case include, but may be limited to, heavy 2468 rains or high winds that caused excess Green Waste to be generated, rain to accumulate in open Collection 2469 Containers, or normal Collection routes to be delayed or shortened to extreme weather conditions. The 2470 Agreement Administrator shall have authority to consider Contractor’s documentation and uphold and collect 2471 the assessed charge, to reduce the charge, or waive and dismiss the charge. The Agreement Administrator 2472 shall also have the authority to waive charges in advance of an anticipated, or in response to and actual, 2473 emergency event.
2474 19.06 Registration; Inspection. All vehicles used by Contractor in providing Integrated Waste 2475 Management Services under this Agreement, except those vehicles used solely on Contractor’s premises, 2476 are to be registered with the California Department of Motor Vehicles. In addition, each such vehicle must be 2477 inspected by the California Highway Patrol in accordance with Applicable Law. Within two (2) Work Days of 2478 a request from the Agreement Administrator, Contractor must provide City a copy of its vehicle maintenance 2479 log and any safety compliance report, including, but not limited to, any report issued under California Vehicle 2480 Code sections 34500 and following, as well as the biennial “BIT” inspections conducted by the California 2481 Highway Patrol.
2482 19.07 Safety Markings. All Collection equipment used by Contractor must have appropriate safety 2483 markings including, but not limited to, highway lighting, flashing and warning lights, clearance lights, and 2484 warning flags. All such safety markings must be in accordance with the requirements of the California Vehicle 2485 Code, as may be amended from time to time.
2486 19.08 Vehicle Signage and Painting. Collection Vehicles must be painted and numbered without 2487 repetition and must have Contractor's name, Contractor’s customer service telephone number, and the 2488 number of the vehicle painted in letters of contrasting color, at least four (4) inches high, on each side and 2489 the rear of each vehicle. No advertising is permitted other than the name of Contractor, its logo and registered 2490 service marks, except promotional advertisement of the Recyclable Materials, Organic Waste, and Manure 2491 programs, which is encouraged. City to approve any promotional material of the Recyclable Materials, 2492 Organic Waste, and Manure Programs affixed to or painted on Contractor’s Collection Vehicles and may 2493 require such promotion to be utilized from time to time to encourage correct recycling, reduce contamination, 2494 and provide relevant education. Contractor must repaint all vehicles (including vehicles striping) during the 2495 term of this Agreement on a frequency as necessary to maintain a positive public image as reasonably 2496 determined by the Agreement Administrator, but not less often than once every five years. 2497 19.09 Bin and Roll-off Signage, Painting, and Cleaning. All metal Bins and Roll-offs of any service 2498 type furnished by Contractor must be either painted or galvanized. All metal or plastic bins and Roll-offs must 2499 display Contractor’s name, Contractor’s customer service telephone number, and the number of the Bin or
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2500 Roll-off and must be kept in a clean and sanitary condition. Bins and Roll-offs should be free of dents and 2501 graffiti and newly painted at the start of this Agreement and painted as needed to maintain an orderly 2502 appearance throughout the term of the Agreement, but not less frequently than once every three years. Bins 2503 and Roll-offs may be subject to periodic, unscheduled inspections by City and determination as to sanitary 2504 condition will be made by City.
2505 19.10 Vehicle Certification. For each Collection Vehicle used in the performance of services 2506 under this Agreement, Contractor must obtain a certificate of compliance (smog check) issued pursuant to 2507 Part 5 of Division 26 of the California Health and Safety Code (Section 43000 and following) and regulations 2508 promulgated thereunder and/or a safety compliance report issued pursuant to Division 14.8 of the California 2509 Vehicle Code (Section 34500 and following) and the regulations promulgated thereunder, as applicable to 2510 the vehicle. Contractor must maintain copies of such certificates and reports and must make such certificates 2511 and reports available for inspection upon request by the Agreement Administrator. 2512 19.10.1 No later than annually, Contractor must submit to the Agreement Administrator 2513 verification that each of the Contractor’s Collection Vehicles has passed the California Heavy Duty Vehicle 2514 Inspection. Thereafter, Contractor must cause each vehicle in Contractor’s Collection fleet to be tested 2515 annually in the California Heavy Duty Inspection Program and must, upon request, submit written verification 2516 to City within ten (10) Work Days of the completion of such test. Contractor may not use any vehicle that 2517 does not pass such inspection.
2518 19.11 Equipment Maintenance. Contractor must maintain Collection equipment in a clean 2519 condition and in good repair at all times. All parts and systems of the Collection equipment must operate 2520 properly and be maintained in a condition satisfactory to City. Contractor must wash all Collection Vehicles 2521 at least once a week.
2522 19.12 Maintenance Log. Contractor must maintain a maintenance log for all Collection Vehicles. 2523 The log must at all times be accessible to City by physical inspection upon request of Agreement 2524 Administrator, and must show, at a minimum, each vehicle Contractor assigned identification number, date 2525 purchased or initial lease, dates of performance of routine maintenance, dates of performance of any 2526 additional maintenance, and description of additional maintenance performed. 2527 19.13 Equipment Inventory. On or before January 1, 2025, Contractor shall provide to City an 2528 inventory of Collection Vehicles and major equipment used by Contractor for Collection or transportation and 2529 performance of services under this Agreement. The inventory must indicate each Collection Vehicle by 2530 Contractor assigned identification number, DMV license number, the age of the chassis and body, type of 2531 fuel used, the type and capacity of each vehicle, the number of vehicles by type, the date of acquisition, the 2532 decibel rating and the maintenance and rebuild status. Contractor must submit to the Agreement 2533 Administrator, either by fax or e-mail, an updated inventory annually to the City or more often at the request 2534 of the Agreement Administrator. Each inventory must also include the tare weight of each vehicle as 2535 determined by weighing at a certified scale used by Contractor. Each vehicle inventory must be accompanied 2536 by a certification signed by Contractor that all Collection Vehicles meet the requirements of this Agreement.
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2537 19.14 Reserve Equipment. Contractor shall have available to it, at all times, reserve Collection 2538 equipment which can be put into service and operation within one (1) hour of any breakdown. Such reserve 2539 equipment must correspond in size and capacity to the equipment used by the Contractor to perform the 2540 contractual duties.
2541 19.15 RNG Fuel Procurement Credits. Contractor agrees to coordinate and cooperate with the 2542 City to meet its Recovered Organic Waste Product procurement target, as defined in and required by 2543 Applicable Law. In support of that objective the City will receive any applicable SB 1383 Recovered Organic 2544 Waste Product procurement credits for all RNG used by the Contractor to power Contractor’s Collection 2545 vehicles as allowed by the Applicable Law and within the time provided therein. 2546 Article 20. Contractor’s Office
2547 20.01 Contractor’s Office. Contractor shall maintain an office in the City of Norco, California that 2548 is accessible to persons with disabilities as required by the Americans with Disabilities Act (ADA). Such office 2549 must be equipped with enough telephones that all Collection Service-related calls received during normal 2550 business hours are answered by an employee within five (5) rings. The office must have responsible persons 2551 in charge during Collection hours and must be open during such normal business hours, 8:00 a.m. to 5:00 2552 p.m. on Monday through Friday and Saturday from 8 a.m. to 12 p.m. and during Collection Service hours. 2553 Contractor must provide either a local or toll-free telephone number that connects to the call center described 2554 in Section 20.02, and a telephone answering service or mechanical device to receive Service Recipient 2555 inquiries during those times when the office is closed. Calls received after normal business hours must be 2556 addressed the next Work Day morning.
2557 20.02 Customer Service Call Center. Contractor must maintain a Customer Service call center 2558 within the United States. Such office must be equipped with enough telephones that all customer service2559 related calls received during normal business hours, 8:00 a.m. to 5:00 p.m. on Monday through Friday and 2560 Saturday during Collection Service hours from 8 a.m. to 12 p.m., are answered by an employee within five 2561 (5) rings.
2562 20.03 Emergency Contact. Contractor must provide the Agreement Administrator with an 2563 emergency phone number where the Contractor can be reached outside of the required office hours. 2564 20.04 Multilingual/TDD Service. Contractor must always maintain the capability of responding to 2565 telephone calls in English, Spanish, and such other languages as City may direct. Contractor must always 2566 maintain the capability of responding to telephone calls through Telecommunications Device for the Deaf 2567 (TDD) Services.
2568 20.05 Service Recipient Calls. During office hours, Contractor must maintain a telephone 2569 answering system capable of accepting at least five (5) incoming calls at one time. Contractor must record all 2570 calls including any inquiries, service requests and complaints into a customer service log. 2571 20.05.1 All incoming calls will be answered at the local office or call center within 5 rings. 2572 Any call “on-hold” in excess of 1.5 minutes must have the option to remain “on-hold” or request a “call-back”
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2573 from a customer service representative. Contractor’s customer service representatives must return Service 2574 Recipient calls. For all messages left before 3:00 p.m., all “call backs” must be attempted a minimum of one 2575 time prior to 5:00 p.m. on the day of the call. For messages left after 3:00 p.m., all “call backs” must be 2576 attempted a minimum of one time prior to noon the next Work Day. Contractor must make minimum of three 2577 (3) attempts within one (1) Work Day of the receipt of the call. If Contractor is unable to reach the Service 2578 Recipient on the next Work Day, Contractor must send a postcard, email or text, as indicated by the Service 2579 Recipient to the Service Recipient on the second Work Day after the call was received, indicating that the 2580 Contractor has attempted to return the call.
2581 Article 21. Contractor Support Services
2582 21.01 Sustainability/Compliance Representative. Contractor will hire staff, including at least one 2583 dedicated full-time Sustainability/Compliance Representatives as of the Commencement Date, to conduct 2584 site visits and provide outreach and education in support of meeting Franchise and CalRecycle Diversion 2585 requirements and to meet State mandates associated with Applicable Law and all amendments and related 2586 subsequent legislation. The Sustainability/Compliance Representatives shall be available as needed to meet 2587 with the City and conduct site visits to implement Recycling and Organics programs in the Service Area at 2588 least four days a week throughout the year. City may request monthly meetings with Contractor to discuss 2589 problems or issues such as Collection or Recycling programs, Billing or Service Recipient service issues, and 2590 day to day operations.
2591 21.02 Sustainability and Compliance Plan. Contractor, at its own expense, must prepare, submit 2592 and implement an annual (Calendar Year) Sustainability and Compliance Plan (“Plan”), which will guide 2593 Contractor’s staffs’ work efforts. This Plan will include measures to meet diversion targets, increase diversion, 2594 and increase participation of Service Recipients in recycling and organics diversion programs, and should 2595 target certain Recyclable Materials or “problem” areas, including recycling and organics sorting and 2596 contamination, within Contractor’s Service Area where improvements can be maximized. Planned outreach 2597 and education services, and outreach materials should be included as part of the Plan and updated annually. 2598 Targets of outreach should be based on local trends and recycling patterns from data obtained by both the 2599 City and Contractor. Contractor will maintain current and state-of-the-art public outreach and education 2600 services throughout the term of this Agreement by providing outreach materials to Service Recipients 2601 electronically (via email and social media). Contractor must submit first year draft Plan to the City prior to the 2602 Commencement Date and by July 1st each year thereafter for the term of the Agreement. City shall review 2603 and provide revisions to draft Plan within thirty (30) days of receipt. Contractor must revise and submit final 2604 Plan to City by December 1, 2024 for first year and then each year thereafter for the term of the Agreement. 2605 Contractor’s Plan is provided in Exhibit 10. The Sustainability and Compliance Plan must include the 2606 following:
2607 21.02.1 City-Specific Website. Contractor shall maintain a City-specific website that fully 2608 explains the Contractor’s current services and rates, the diversion options available, and allows Service 2609 Recipients to submit service changes, inquiries, complaints or queries. The website must describe and 2610 promote the use of the available Recyclable Materials and Organics services. Contractor’s local website 2611 must provide information specific to the City’s programs. Contractor will ensure that information provided on
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2612 the website is maintained and up-to-date. Content will include proper container set out, educational 2613 materials, newsletters and program descriptions. Website shall be in English, Spanish, Mandarin, and 2614 Vietnamese.
2615 21.02.2 Recycling Resources. Contractor shall maintain accurate list of recyclable materials 2616 on its website, and promote proper recycling to all Service Recipients. Contractor shall consult, collaborate, 2617 and coordinate its recycling outreach and educational materials and activities with the City and incorporate 2618 the City’s input on the Contractor’s recycling resources and programs. 2619 21.02.3 School Education and Outreach. Contractor shall develop and utilize a program to 2620 educate on proper recycling that offers tools to assist with proper recycling for all ages. Educational 2621 information should include brochures, school resources such as recycling curriculums, kid’s activity flyers, 2622 posters, myth busters, and recycling art activities. Contractor shall develop and distribute educational 2623 material, and conduct onsite outreach annually to all school campuses in the franchise area. Materials must 2624 be approved by City before distribution. Examples include: Recyclable Materials list, Recycling tips, battery 2625 and bulb education, Food Waste collection and donation, and HHW education. Educational material shall be distributed to campuses by mail and/or in person on or before September 30th 2626 annually, and site visits must be completed by November 30th 2627 .
2628 21.03 Waiver Evaluation. Contractor shall be responsible for the distribution, collection and 2629 evaluation of waiver applications as appropriate and provide the City a recommendation to accept or deny 2630 waiver requests in accordance with SB 1383. Contractor shall develop waiver application forms and shall 2631 provide them to City for City approval prior to use. Contractor shall evaluate requests for exemption or waiver 2632 from the Act’s requirements on the basis of physical space or de minimis generation and provide the City 2633 periodic recommendations and supporting documentation to deny or approve waivers, including a site visit 2634 and re-evaluation at least every five years as required by the SB 1383 Regulations. Contractor shall notify all 2635 of its commercial accounts of the availability of waivers and how to obtain and file a waiver periodically, or at 2636 least every five (5) years.
2637 21.04 Compliance Reviews.
2638 21.04.1 General Requirement. At least once annually, beginning in 2024, Contractor shall 2639 review the records of its Commercial and Multi-Family customers in City that are subscribed for at least two 2640 (2) cubic yards per week of combined Solid Waste, Organic Materials and Recyclables service, to determine 2641 whether such customers are subscribed for Organic Materials collection service or have an applicable 2642 waiver. Contractor shall include the results of each Compliance Review in its next regularly scheduled report 2643 to City.
2644 21.04.2 Site Visit Requirement. Contractor shall conduct a site visit to each Commercial and 2645 Multi-Family customer in City that is determined to (a) not be enrolled in 3-container collection service, and 2646 (b) not be eligible for a waiver based on the City determination. Contractor shall conduct in-person site visits 2647 (i.e. direct customer contact) to provide educational material about the law’s requirements to Commercial 2648 and Multi-Family customers, at least one time every 3 years. All Commercial and Multi-Family customers in
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2649 the City shall receive a site visit from Contractor to affirm proper sorting procedures and sizing of containers 2650 at least one time every 5 years.
2651 21.04.3 Compliance Notices. Contractor shall send Mandatory Organics Recycling (MORe) 2652 compliance notices and Mandatory Commercial Recycling (MCR) notices quarterly to all eligible Commercial 2653 entities and MFDs/MXDs that do not subscribe to Organic Waste or Recycling Collection Service with the 2654 Contractor, and/or do not provide an alternate method for Diverting Organic Waste or Recyclable Materials, 2655 in conformance with Applicable Law, including SB 1383, AB 1826, or AB 341. These notices shall also notify 2656 businesses of requirements under AB 827. Contractor shall mail notifications quarterly on or before the last 2657 day of the month following the end of the quarter. 2658 21.04.4 Compliance Reporting. Contractor shall report contaminations and overage issues 2659 via the City’s Waste Reporting System.
2660 21.04.5 Right-sizing Containers. Contractor must right-size Collection Containers to 2661 maximize diversion from SFD, MFD, MXD and Commercial Service Recipients. 2662 21.04.6 Education and Outreach Materials. Contractor must implement public education 2663 and outreach in conformance with Applicable Law and in coordination with the City. Contractor shall attend 2664 public events and host booths to promote recycling education and awareness. Contractor will work with City 2665 to identify which special events will be attended. Contractor, together with City, shall work with local media 2666 to ensure information on new programs, events, recycling, organics etc. is communicated to the community. 2667 Contractor shall use a variety of options such as local paper, news, websites, social media, Homeowners 2668 Associations, schools and civic groups to distribute information and education about City solid waste and 2669 recycling programs, and events. Contractor shall distribute educational material to Service Recipients a 2670 minimum of once a quarter by mail or electronically. All educational and outreach materials shall be provided 2671 in English, Vietnamese, Chinese, and Spanish Languages. These materials should include tips on recycling 2672 properly, use of organics containers, composting, battery and electronics education, prevention of 2673 contamination issues, proper Collection Container placement, resource information, and HHW education. 2674 21.04.7 Service Recipient Personnel Training. Contractor shall advise and educate 2675 appropriate personnel (management, employees, janitors, etc.) at MFD/MXD and Commercial Service Units 2676 on methods and recommendations to increase recycling and decrease landfilling including best practices for 2677 recycling, waste reduction and availability and use of in-house recycling containers. 2678 21.04.8 Available Services Notice and Information. At least annually Contractor must 2679 publish and distribute (by mail or electronically) a notice to all Service Units regarding the full range of 2680 services offered. The notice must contain at a minimum (i) definitions of the materials to be Collected, (ii) 2681 procedures for setting out materials, (iii) the days when Garbage Integrated Waste Management Services, 2682 Recyclable Materials Services, Organic Waste and Manure Integrated Waste Management Services will be 2683 provided, (iv) Contractor’s local customer service phone number, (v) instructions on the proper filling of 2684 Containers, (vi) instructions as to what materials may or may not be placed in Recyclable Materials, Organic 2685 Waste, or Manure Containers, (vii) how to select Container sizes to maximize diversion, (viii) participation in 2686 Recyclable Materials, Organic Waste, and Manure programs, (ix) the fees for overage and Contamination
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2687 in the event of non-compliance, (x) the availability of on-premises Integrated Waste Management Services, 2688 including the availability of no-charge on-premises Integrated Waste Management Services for qualified 2689 persons, (xi) Bulky Waste Integrated Waste Management Services, (xii) the dates and locations of 2690 Neighborhood Cleanup days, and (xiii) the dates and locations of Free Bulky Item Drop-off days. The notice 2691 must be provided in English, and other languages as directed by the City, and must be distributed by 2692 Contractor no later than February 1st of each year. 2693 21.04.9 Annual Outreach and Education. Contractor shall provide the following to all its 2694 customers under the Agreement annually:
2695 (i) Information on the customer’s requirements to properly separate materials in 2696 appropriate Containers.
2697 (ii) Information on methods for: the prevention of Organic Materials generation, 2698 recycling Organic Materials on-site, sending Organic Materials to community composting, and any other 2699 local requirements regarding Organic Materials.
2700 (iii) Information regarding the methane reduction benefits of reducing the landfill 2701 disposal of Organic Materials, and the methods of Organic Materials recovery contemplated by the 2702 Agreement.
2703 (iv) Information regarding how to recover Organic Materials. 2704 (v) Information related to the public health and safety and environmental impacts 2705 associated with the landfill disposal of Organic Materials. 2706 (vi) The above information will be provided, at a minimum, through print and/or 2707 electronic media, and may also be provided through workshops, meetings and/or on-site visits. All 2708 information that SB 1383 requires the City to distribute shall be posted on Contractor’s website. 2709 (vii) Contractor shall provide an educational webpage which includes downloadable 2710 copies of all the materials described in this Section. 2711 21.04.10Approach to Meeting City’s Diversion Requirements. Contractor must document 2712 approach to meeting City’s diversion requirements by specific diversion program type (SFD, MFD, 2713 Commercial, Recyclable Material, Organic Waste, Bulky Waste, etc.) and must be tied to both specific and 2714 public education programs. This must include an implementation schedule showing the specific programs 2715 and tasks, milestones, and time frames for meeting the diversion requirements. 2716 21.04.11Tonnage Table. Contractor must provide as part of the Plan, a tonnage table 2717 segregated by SFD, MFD, MXD, Commercial, and Additional Services that estimates tonnages for 2718 Recyclable Material and Organic Waste delivered and processed, and the estimated residual tonnages for 2719 each calendar year of the Franchise Agreement.
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2720 21.04.12Environmental Stewardship. Contractor must describe all environmental 2721 management policies and activities related to the solid waste collection service, including the use of 2722 alternative fuel vehicles, reduction of air emissions and wear and tear on the City’s streets, use of recycled 2723 products throughout operations, internal waste reduction and reuse protocol, water and resource 2724 conservation activities within facilities (design, construction and operation), compliance with laws governing 2725 e-waste, HHW, and u-waste, and use of non-toxic products when possible. 2726 21.05 News Media Relations. Contractor will work with local media to ensure information is 2727 communicated to community (new programs, events, recycling information, etc.). Contractor to use options, 2728 such as; local Newspaper, Radio/TV News outlets, Websites and Social Media. Contractor will notify the 2729 Agreement Administrator by e-mail or phone of all requests for news media interviews related to the services 2730 covered under this Franchise Agreement within one (1) Work Day of Contractor’s receipt of the request. When 2731 practicable, before responding to any inquiries involving controversial issues or any issues likely to affect 2732 participation or customer’s perception of services, Contractor will discuss Contractor’s proposed response 2733 with the City Agreement Administrator.
2734 21.06 Annual Recycling Awards. Contractor will recognize outstanding participation in Recycling 2735 and/or Organic Waste programs by identifying “recycling all-stars” for recognition at a City Council meeting 2736 during each November, beginning November 2024.
2737 21.07 News Media Requests. Contractor will notify the Agreement Administrator by e-mail or 2738 phone of all requests for news media interviews related to the services covered under this Agreement within 2739 one (1) Work Day of Contractor’s receipt of the request. When practicable, before responding to any inquiries 2740 involving controversial issues or any issues likely to affect participation or Service Recipient’s perception of 2741 services, Contractor will discuss Contractor’s proposed response with the Agreement Administrator. 2742 21.07.1 Copies of draft news releases or proposed trade journal articles that use the name 2743 of City or relate to the services provided hereunder must be submitted to the Agreement Administrator for 2744 prior review and approval at least five (5) working days in advance of release, except where Contractor is 2745 required by any Applicable Law to submit materials to any regulatory agency in a shorter period of time, in 2746 which case Contractor must submit such materials to City simultaneously with Contractor’s submittal to such 2747 regulatory agency.
2748 21.07.2 Copies of articles resulting from media interviews or news releases that use the 2749 name of City or relate to the services provided hereunder must be provided to the City within five (5) days 2750 after publication.
2751 21.08 Acceptable Materials Labeling. Contractor must affix to each Recyclable Materials and 2752 Organics Collection Container a sticker that clearly lists Acceptable materials to be placed in these containers. 2753 Stickers must be replaced annually and include any updates in the list of Acceptable materials (Exhibit 12). 2754 21.09 Edible Food Recovery Support. At no cost to the City, Contractor must provide support to 2755 the City’s Edible Food Recovery program as required under SB 1383. Contractor support may include 2756 educating commercial edible food generators, providing records of site visits, conducting education efforts,
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2757 and providing lists of food recovery organizations. Contractor will assist the City in conducting Food Waste 2758 and Green Waste surveys and diversion programs by providing accurate and timely service data, conducting 2759 site visits, and distributing materials.
2760 21.10 Programs and Services. Contractor must provide additional educational and outreach 2761 services and programs as requested by City at a price to be mutually agreed upon between the Contractor 2762 and the Agreement Administrator. In the event Contractor and the Agreement Administrator cannot reach a 2763 mutually agreed upon price for the requested service or program, City has the right to procure the service of 2764 other vendors or contractors to provide the requested service. 2765 21.11 Operations Plans. Contractor must adhere to the Transition Plan included as Exhibit 5, 2766 Customer Service Plan included as Exhibit 7, and Collection Service Operations Plan included as Exhibit 8 2767 that present the specific collection and processing programs that will be implemented in the City. 2768 Article 22. Emergency Service
2769 22.01 Revised Services During an Emergency. In the event of a major storm, earthquake, fire, 2770 flood, tornado, other natural or man-made disaster, or other such emergency event (collectively “Emergency 2771 Event), the Agreement Administrator may grant the Contractor a variance from regular routes and schedules, 2772 which will not be withheld unreasonably. As soon as practicable after such Emergency Event, Contractor 2773 must advise the Agreement Administrator when it is anticipated that normal routes and schedules can be 2774 resumed. The Agreement Administrator will try through the local news media to inform the public when regular 2775 services may be resumed. The clean-up from some Emergency Events may require that Contractor hire 2776 additional equipment, employ additional personnel, or work existing personnel on overtime hours to clean 2777 debris resulting from the event. Contractor will receive additional compensation, above the normal 2778 compensation contained in this Agreement, to cover the costs of rental equipment, additional personnel, 2779 overtime hours and other documented expenses based on the rates set forth in Exhibit 1 provided Contractor 2780 has first secured written authorization and approval from City through the Agreement Administrator. City will 2781 be given equal priority and access to resources as with other franchise jurisdictions held by Contractor or its 2782 affiliates.
2783 22.02 Emergency Event Planning. Within sixty (60) days from a request by City, Contractor shall 2784 prepare a draft Emergency Event plan that sets forth procedures for maintaining regular Collection service 2785 and Collection of debris following an Emergency Event. The Emergency Event plan shall address 2786 arrangements to provide needed vehicles and personnel, priorities for cleanup at critical facilities, and 2787 procedures for reimbursement for costs, describe communication plans, list key contact persons, and provide 2788 maps showing proposed sites for stockpiling of disaster debris that cannot be transported to the landfill. 2789 Contractor shall coordinate the plan with City’s emergency service teams. The draft plan shall be presented 2790 to the City Manager for consideration and approval. The final plan shall be distributed to those employees of 2791 Contractor and City who would have a role in implementing upon the occurrence of an Emergency Event. 2792 22.03 Emergency Event Recovery Support. In the event of an Emergency Event, Contractor 2793 agrees to provide recovery support upon request by Agreement Administrator. This may include additional 2794 hauling of debris, special handling such as wrapping waste in plastic (i.e., “burrito wrapping”), temporary
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2795 storage of debris where feasible, additional disposal, use of different transfer and disposal facilities, and 2796 documentation of debris type, weight, and diversion. Contractor should follow protocol laid out in the County’s 2797 Operational Area Mass Debris Management Plan (Annex to the Operational Area Emergency Response Plan) 2798 and any subsequent County or City Disaster Debris Plans, as applied to solid waste hauling and handling. 2799 Article 23. Record Keeping and Reporting Requirements 2800 23.01 Record Keeping. Notwithstanding Article 47 herein:
2801 23.01.1 Accounting Records. Contractor must maintain full, complete, and separate 2802 financial, statistical, and accounting records, pertaining to cash, billing, and provisions of all Integrated Waste 2803 Management Services, prepared on an accrual basis in accordance with generally accepted accounting 2804 principles. Such records will be subject to audit, copy, and inspection for the purposes set forth in Section 2805 18.01.3. Gross Revenues derived from provision of the Integrated Waste Management Services, whether 2806 such services are performed by Contractor or by a subcontractor or subcontractors, will be recorded as 2807 revenues in the accounts of Contractor. The Contractor shall keep and preserve, during the Term of this 2808 Agreement, and for a period of not less than four (4) years following expiration or other termination hereof, 2809 full, complete, and accurate records, including all cash, billing and disposal records, as indicated in the 2810 Agreement.
2811 23.01.1.1 City reserves the right to request audited, reviewed, or compiled 2812 financial statements prepared by an independent Certified Public Accountant, or as may be provided by 2813 Contractor or its parent company. In the event that Contractor does not maintain separate financial or 2814 accounting records prepared specifically for services provided under this Agreement, Contractor may use 2815 industry standard allocation methods to provide financial information as applicable to the service provided 2816 under this Agreement.
2817 23.01.2 Agreement Materials Records. Contractor must maintain records of the quantities 2818 of (i) Residential, MFD, MXD and Commercial Solid Waste Collected and disposed under the terms of this 2819 Agreement, (ii) Recyclable Materials, by type, Collected, purchased, processed, sold, donated or given for 2820 no compensation, and residue disposed under the terms of this Agreement, and (iii) Organic Waste by type, 2821 Collected, purchased, processed, sold, donated or given for no compensation, and residue disposed under 2822 the terms of this Agreement.
2823 23.01.3 Other Records. Contractor must maintain all other records reasonably related to 2824 provision of Integrated Waste Management Services, whether or not specified in this Agreement. 2825 23.01.4 Failure to Report. The refusal of Contractor to file any of the reports required, or 2826 the inclusion of any materially false or misleading statement or representation made knowingly by Contractor 2827 in such report, shall be deemed a material breach of this Agreement and shall subject Contractor to all 2828 remedies, legal or equitable, which are available to City under this Agreement or otherwise.
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2829 23.01.5 Report Format. All reports to be submitted in a format approved by the City, 2830 including electronic data submission in the City’s Waste Reporting System and in a format specified by the 2831 City.
2832 23.02 Quarterly Reporting.
2833 23.02.1 General. Quarterly reports must be submitted no later than 5 p.m. PT on the last 2834 day of the month following the end of Quarter in which the receipts are collected and must be provided 2835 electronically using software acceptable to the City. If the last day of the month falls on a day that City is 2836 closed or a holiday, then the report will be due on the next business day. Failure to submit complete quarterly 2837 reporting by the due date will result in penalties as specified in Exhibit 6. 2838 23.02.2 City Reports. Quarterly reports to City must include:
2839 23.02.2.1 Quarterly Payment Reporting. The payment report must include 2840 an accounting of Contractor’s Gross Revenues received during the preceding Quarter, and the calculated 2841 Franchise Fee and Marketing and Sales of Recyclable Materials Payment. 2842 23.02.2.2 Franchised Tonnage and Service Data. Contractor must report the 2843 number of unique SFD and MFD accounts serviced, the number of unique Commercial, MXD, and City 2844 accounts serviced, tonnage of Garbage, Recyclable Materials, Organic Waste, and Manure collected and 2845 processed for diversion broken down by Container type, Residual amounts from Recyclable Materials, 2846 Organic Waste, and Manure Diversion operations that are landfilled. Quantities should be broken down by 2847 SFD, MFD, MXD, Commercial, and City Service Integrated Waste Management Services. MXD properties 2848 must have tonnage assigned appropriately to Residential and Commercial generators. 2849 23.02.2.3 Overweight Vehicle Reporting. The quarterly report must include 2850 a summary total of all instances of overweight Collection Vehicles. This summary must include the number 2851 of overweight vehicle instances expressed as a percentage of the total number of Collection Vehicle loads 2852 transported during the reported quarter.
2853 23.02.2.4 Non-Collection. The quarterly report must include a summary of 2854 each Service Unit receiving a Non-Collection Notice in the previous quarter along with a description for the 2855 Non-Collection Notice.
2856 23.02.2.5 On-hold. The quarterly report must include each Service Unit that 2857 was not billed in the previous quarter.
2858 23.02.2.6 Collection Overage Charges. The quarterly report must include 2859 each Service Unit incurring a charge for a Solid Waste Overage in the previous quarter. 2860 23.02.2.7 Contamination Reporting. To the extent required by Applicable 2861 Law, the quarterly report must include a summary of all instances of qualifying contamination under the 2862 procedures in Section 5.08. This summary must include the total number of accounts where contamination 2863 occurred, the total number of Contamination Violation Notices issued by Contractor to Service Recipients,
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2864 a list of accounts where such notices occurred, and the total number of instances where Collection 2865 Container size or Collection frequency was increased specifically due to contamination. Within twenty (20) 2866 Work Days of request by City, Contractor will provide copies of the Contamination Violation Notices and 2867 the digital documentation of contamination however, contractor shall provide an annual summary of 2868 contamination violation notices to the City for purposes of compliance reporting. 2869 23.02.2.8 Service Recipient Complaint Log. The quarterly report must 2870 include the Service Recipient call log collected from the previous quarter and must include how each 2871 complaint was rectified. See 23.03.1.8.
2872 23.02.2.9 Compliance. Reports to City on customers discovered to be out of 2873 compliance with the SB 1383 Regulations, including a list of the customers, the type of violation (including 2874 not donating edible food, not providing Containers for customer use, and other compliance violations), 2875 actions taken to educate those customers, and contact information for those customers. Such reports shall 2876 be provided quarterly or as required by City.
2877 23.03 Annual Reporting.
2878 23.03.1 General. An annual report must be submitted no later than 5 p.m. PT on January 31, 2024 and each January 31st thereafter for the previous Calendar Year. If January 31st 2879 falls on a day that 2880 City is closed, then the report will be due on the next business day. Annual reports must be submitted 2881 electronically in software acceptable to the City. Failure to submit complete annual reporting by the due date 2882 will result in penalties as specified in Exhibit 6. Annual reports to City must include:
2883 23.03.1.1 Financial Statements. Contractor must submit annual financial 2884 statements for the local operation. Statements need not be reviewed or audited statements. 2885 23.03.1.2 Annual Sustainability and Compliance Report. Contractor must 2886 complete and submit data sections within their Sustainability and Compliance Plan to document education 2887 and outreach conducted, public event participation, school visits, compliance notices mailed, site visits, 2888 waste audits completed, information distributed, and media used, and community events hosted. This must 2889 include public education activities undertaken during the year, including distribution of bill inserts, collection 2890 notification tags, community information and events, tours and other activities related to the provision of 2891 Integrated Waste Management Services, and must discuss the impact of these activities on recycling 2892 program participation and include amounts collected from SFD, MFD, MXD, Commercial, and City Service 2893 Units. The report should include a complete list of all non-exempt commercial accounts, which includes 2894 each non-exempt account’s status as a “covered generator” under AB 341, AB 1826 and SB 1383, the date 2895 and status of Contractor’s outreach efforts at each non-exempt account, and the current level of Recycling 2896 and Organics program participation at each non-exempt account. 2897 23.03.1.3 Summary of Programs. An analysis of any Recyclable Materials, 2898 Organic Waste, and Manure Collection, processing and marketing issues or conditions (such as 2899 participation, setouts, contamination, etc.) and possible solutions, discussed separately for Residential and 2900 Commercial programs.
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2901 23.03.1.4 Solid Waste Data. The number of SFD, MFD, MXD, Commercial, 2902 and City Service Units and the number of Collection Containers distributed by size and Service Unit type. 2903 23.03.1.5 Waste Characterization Data. A breakdown of Solid Waste 2904 (Garbage, Recyclable Materials, Organics, and Manure) by material type as per CalRecycle material 2905 classifications.
2906 23.03.1.6 Recyclable Materials Data. Gross tons Collected daily on average 2907 by material type by route for SFD, MFD, MXD, Commercial, and City Recyclable Materials service, with 2908 map of routes. The average participation rates by quarter relative to the total number of Service Units by 2909 Service Unit type. Indicate, by material type (and grade where appropriate), annual totals of Recyclable 2910 Materials processed including facility name and location, average cost or price received per ton and total 2911 recycling cost or revenue received for the year. Indicate any quantities, by material type, donated or 2912 otherwise disbursed without compensation. Indicate number of Recyclable Materials Collection Containers 2913 distributed by size and Service Unit type. Also provide annual totals and location for residue disposed. 2914 23.03.1.7 Organic Waste Data. Include average daily gross tons Collected 2915 by route, separated by Green Waste and Food Waste (for Green Waste or Food Waste dedicated routes, 2916 if any), with map of routes. Include the total number of generators that receive each type of Organic Waste 2917 Collection Service provided by the Contractor. Indicate average daily number of set-outs by route. Indicate 2918 average participation rates relative to the total number of Service Units in terms of weekly set-out counts. 2919 Indicate number of Organic Waste Collection Containers distributed by size and Service Unit type. Indicate, 2920 by material type, annual totals of Organic Materials processed including facility name and location, average 2921 cost or price received per ton and total organics cost or revenue received for the year. Provide totals and 2922 location for Residue Disposed. Include the number of route reviews conducted for prohibited contaminants 2923 and the number of Non-Collection Notices issued to Service Recipients. 2924 23.03.1.8 Manure Waste Data. Include average daily gross tons Collected 2925 by route(s). Indicate average daily number of set-outs by route. Indicate number of Manure Collection 2926 Containers distributed by size and Service Unit type. Indicate annual totals of Manure processed including 2927 facility name and location, average cost or price received per ton and total Manure cost or revenue received 2928 for the year. Provide totals and location for Residue Disposed. Include the number of route reviews 2929 conducted for prohibited contaminants and the number of Non-Collection Notices issued to Service 2930 Recipients.
2931 23.03.1.9 Customer Service Log. A copy of the customer service log, 2932 including a summary of the type and number of complaints and their resolution. Copies of a written record 2933 of all calls related to missed pickups and responses to such calls. 2934 23.03.1.10 Customer Service Information Sheet. A copy of Contractor’s most 2935 recent Customer Service Information Sheet (i.e., customer call center “cheat sheet”) for the City or the 2936 equivalent information used by customer service representatives.
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2937 23.03.1.11 Overweight Vehicle Data. A summary of all instances of 2938 overweight Collection Vehicles. This summary must also include the number of overweight vehicle 2939 instances as a percentage of the total number of Collection Vehicle loads transported during the Calendar 2940 Year.
2941 23.03.1.12 Summary Narrative. A summary narrative of problems 2942 encountered with Collection and processing activities and actions taken. Indicate type and number of Non2943 Collection Notices left at Service Recipient locations. Indicate instances of property damage or injury, 2944 significant changes in operation, market factors, publicity conducted, needs for publicity. Include description 2945 of processed material loads rejected for sale, reason for rejection and disposition of load after rejection. 2946 23.03.1.13 Collection Container and Vehicle Inventory. An updated complete 2947 inventory of Collection Containers by type and size, and an updated complete inventory of Collection 2948 Vehicles including for each vehicle: truck number, route number, date purchased, vehicle type, tare weight, 2949 license plate number, fuel type and vehicle make and model. 2950 23.03.1.14 Diversion Rate. Contractor must provide documentation 2951 acceptable to City in its reasonable judgment stating and supporting the Calendar Year’s Franchise 2952 Diversion Rate, as calculated in accordance with the provisions of Article 8. Any tonnages diverted and 2953 disposed from large venues and events during the reporting period will be counted towards the calculated 2954 diversion rate.
2955 23.03.1.15 AB 341, AB 1826, and SB 1383 Compliance Data. Contractor 2956 must report the total number of Commercial and MFD/MXD Service Units serviced and the number of 2957 containers, container sizes and frequency of collection for Garbage, Recyclable Materials, Organic Waste, 2958 and Manure for each non-exempt Commercial and MFD/MXD Service Unit. Contractor must also provide 2959 the following information separately for both AB 341 and AB 1826:
2960 23.03.1.16 The total number of non-exempt Commercial, MFD, and MXD 2961 Service Units that fall under the AB 341 or AB 1826 thresholds, and the total number of those non-exempt 2962 Commercial, MFD, and MXD Service Units that are not subscribed to Commercial, MFD, or MXD 2963 Recyclable Materials Collection Service or Commercial, MFD, or MXD Organics Collection Service. 2964 23.03.1.17 A summary of the type of follow-up outreach that was provided to 2965 those non-exempt Commercial, MFD, and MXD Service Units that are not subscribed to Commercial, MFD, 2966 or MXD Recyclable Materials Collection Service or Commercial, MFD, or MXD Organics Collection Service. 2967 23.03.1.18 Contractor shall provide proof of training records for Service 2968 Recipient personnel, emergency procedures, Customer Service Courtesy, and how to recognize Illicit 2969 Discharges and stormwater pollution sources.
2970 23.03.1.19 A list of all recommended waivers for that calendar year, including 2971 copies of the waiver request form and other supporting documentation (may be provided electronically or 2972 over a web page) in accordance with Section 21.03.
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2973 23.03.1.20 A list of the Tier One and Tier Two generators, as applicable, in 2974 accordance with Section 21.09 of the Agreement.
2975 23.03.1.21 For Route Reviews and Compliance Reviews:
2976 (i) The date the review was conducted.
2977 (ii) The name and title of each person conducting the review. 2978 (iii) A list of the account names and addresses covered by the review. 2979 (iv) For Route Reviews, a description of each Hauler Route reviewed, and a 2980 general description of the Hauler Route area.
2981 (v) For Route Reviews, the results of such review (i.e. the addresses where 2982 any Prohibited Container Contaminants were found), and any photographs taken. 2983 (vi) For Compliance Reviews, the results of such review (i.e. Contractor’s 2984 findings as to whether the customers reviewed are subscribed for Organic Waste collection service, have 2985 an applicable waiver, or neither), and any relevant evidence supporting such findings (e.g. account records). 2986 (vii) Copies of any educational materials issued pursuant to such reviews. 2987 23.03.1.22 Documentation relating to observed Prohibited Container 2988 Contaminants, whether observed during Route Reviews or otherwise:
2989 (i) Copies of the form of each notice issued to customers for Prohibited 2990 Container Contaminants, as well as, for each such form, a list of the customers to which such notice was 2991 issued, the date of issuance, the customer’s name and service address, and the reason for issuance (if the 2992 form is used for multiple reasons).
2993 (ii) The number of times notices were issued to customers for Prohibited 2994 Container Contaminants.
2995 (iii) The number of Containers where the contents were disposed due to 2996 observation of Prohibited Container Contaminants.
2997 23.04 Diversion Calculation and Data. By 5 p.m. PT on February 14 and annually thereafter 2998 during the term of this Agreement, Contractor must deliver to City, in the format specified by City, the Calendar 2999 Year’s Franchised Diversion Rate, as calculated in accordance with the provisions of Article 8. Any tonnages 3000 Diverted and disposed from large venues and events during the reporting period will be counted towards the 3001 calculated Diversion rate.
3002 23.05 CalRecycle Reports. Contractor will provide reasonable assistance to City in preparing 3003 annual reports to CalRecycle (the “Electronic Annual Report” or EAR), including but not limited to supplying
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3004 required data for preparation of the reports, and completing all required data input in the Waste Reporting 3005 System.
3006 23.05.1 Implementation Record. Contractor shall maintain, in form and format satisfactory 3007 to the City, an Implementation Record meeting the requirements of the SB 1383 Regulations and 3008 CalRecycle. Contractor shall be responsible for requesting information from the City for City-related activities 3009 such as procurement and outreach and education for maintenance of the Implementation Record. 3010 23.05.2 In the event that CalRecycle requires City to report an Implementation Schedule to 3011 comply with AB 341, AB 1826, SB 1383, SB 1594 and other Applicable Laws, Contractor will provide 3012 assistance to City in preparing a report, including Contractor’s policies and procedures related to compliance 3013 with AB 341, AB 1826, SB 1383, and other Applicable Laws and how Recyclable Materials or Organic Waste 3014 are collected, a description of the geographic area, routes, list of addresses served and a method for tracking 3015 contamination, copies of route audits, copies of notice of contamination, copies of notices, violations, 3016 education and enforcement actions issued, and copies of educational materials, flyers, brochures, 3017 newsletters, website, and social media.
3018 23.06 Waste Characterization Audit. Contractor must conduct waste audits of Residential and 3019 Commercial Service Recipients’ waste once annually, including Garbage, Recyclable Materials, and Organic 3020 Waste, and provide characterization data to the City as part of its Annual Report (Section 23.02.2.9). Material 3021 types and guidance should follow CalRecycle requirements and/or recommendations. 3022 23.07 Additional Reporting. Contractor must furnish City with any additional reports as may 3023 reasonably be required, such reports to be prepared within a reasonable time following the reporting period. 3024 Article 24. Nondiscrimination
3025 24.01 Nondiscrimination. In the performance of all work and services under this Agreement, 3026 Contractor may not discriminate against any person based on such person’s race, sex, gender, gender 3027 identity, color, national origin, religion, marital status or sexual orientation. Contractor must comply with all 3028 applicable local, State and Federal laws and regulations regarding nondiscrimination, including those 3029 prohibiting discrimination in employment.
3030 Article 25. Service Inquiries and Complaints
3031 25.01 Contractor’s Customer Service. All service inquiries and complaints will be directed to 3032 Contractor. A representative of Contractor must be available to receive the complaints during normal business 3033 hours. Customer Service training shall include Service Recipient courtesy, shall prohibit the use of loud or 3034 profane language, and shall instruct Collection crews to perform the work quietly. Contractor shall use its best 3035 efforts to assure that all employees present a neat appearance and conduct themselves in a courteous 3036 manner. All service complaints will be handled by Contractor in a prompt and efficient manner. All cases must 3037 be addressed and resolved within three (3) Work Days. In the case of a dispute between Contractor and a 3038 Service Recipient, the matter will be reviewed, and a decision made by the Agreement Administrator.
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3039 25.01.1 Contractor will utilize the Customer Service Log to maintain a record of all inquiries 3040 and complaints in a manner prescribed by City.
3041 25.01.2 For those complaints related to missed Collections, where Containers are properly 3042 and timely set out, that are received by 12:00 noon on a Work Day, Contractor will return to the Service Unit 3043 address and Collect the missed materials before leaving the Service Area for the day. For those complaints 3044 related to missed Collections that are received after 12:00 noon on a Work Day, Contractor will have until 3045 the end of the following Work Day to resolve the complaint. For those complaints related to repair or 3046 replacement of Collection Containers, the appropriate Sections of this Agreement will apply. 3047 25.01.3 Contractor agrees that it is in the best interest of City that all Garbage, Recyclable 3048 Materials, and Organic Waste be collected on the scheduled Collection day. Accordingly, missed Collections 3049 will normally be Collected as set forth above regardless of the reason that the Collection was missed. 3050 However, in the event a Service Recipient requests missed Collection service more than two (2) times in 3051 any consecutive two (2) month period the Agreement Administrator will work with Contractor to determine 3052 an appropriate resolution to that situation. In the event Contractor believes any complaint to be without merit, 3053 Contractor will notify the Agreement Administrator, by e-mail. The Agreement Administrator will investigate 3054 all disputed complaints and render a decision.
3055 25.01.4 Contractor’s service and emergency telephone numbers must be accessible by a 3056 local (City) phone number or toll-free number. The service telephone number(s) must be listed in the area’s 3057 telephone directories under Contractor’s name in the White Pages and available through an online search 3058 and listed on the Contractor’s website.
3059 Article 26. Quality of Performance of Contractor
3060 26.01 Intent. Contractor acknowledges and agrees that one of City’s primary goals in entering 3061 into this Agreement is to ensure that the Integrated Waste Management Services are of the highest caliber, 3062 that Service Recipient satisfaction remains at the highest level, that maximum diversion levels are achieved, 3063 and that materials Collected are put to the highest and best use to the extent possible. 3064 26.02 Administrative Charges and Penalties. Quality performance by the Contractor is of primary 3065 importance. In respect of this, Contractor agrees to pay City administrative charges and penalties as detailed 3066 in Exhibit 6 should Contractor fail to meet its responsibilities under this Agreement. Should Contractor be in 3067 breach of the requirements set forth in this Agreement, it is mutually understood and agreed that the public 3068 will necessarily suffer damages and that such damages, from the nature of the default in performance will be 3069 extremely difficult and impractical to fix. City finds, and the Contractor agrees, that as of the time of the 3070 execution of this Agreement, it is impractical, if not impossible, to reasonably ascertain the extent of damages 3071 which will be incurred by City as a result of a breach by Contractor of its obligations under this Agreement. 3072 The factors relating to the impracticability of ascertaining damages include, but are not limited to, the fact that:
3073 (i) substantial damage results to members of the public who are denied services or denied quality or reliable 3074 service; (ii) such breaches cause inconvenience, anxiety, frustration and deprivation of the benefits of this 3075 Agreement to individual members of the general public for whose benefit this Agreement exists, in subjective 3076 ways and in varying degrees of intensity which are incapable of measurement in precise monetary terms; (iii)
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3077 services might be available at substantially lower costs than alternative services, and the monetary loss 3078 resulting from denial of services or denial of quality or reliable services is impossible to calculate in precise 3079 monetary terms; and (iv) the termination of this Agreement for such breaches, and other remedies are, at 3080 best, a means of future correction and not remedies which make the public whole for past breaches. 3081 26.03 Procedure for Review of Administrative Charges. The Agreement Administrator may 3082 assess administrative charges and penalties as specified in Exhibit 6 pursuant to this Agreement quarterly. 3083 At the end of each quarter during the term of this Agreement, the Agreement Administrator will issue a written 3084 notice to Contractor (“Notice of Assessment”) of the administrative charges assessed and the basis for each 3085 assessment.
3086 26.03.1 The assessment will become final unless, within ten (10) calendar days of the date 3087 of the notice of assessment, Contractor provides a written request for a meeting with the City Manager to 3088 present evidence that the assessment should not be made. 3089 26.03.2 The Agreement Administrator will schedule a meeting between Contractor and the 3090 City Manager as soon as reasonably possible after timely receipt of Contractor’s request. 3091 26.03.3 The City Manager will review Contractor’s evidence and render a decision 3092 sustaining or reversing the administrative charges as soon as reasonably possible after the meeting. Written 3093 notice of the decision will be provided to Contractor. 3094 26.03.4 In the event Contractor does not submit a written request for a meeting within ten 3095 (10) calendar days of the date of the Notice of Assessment, the Agreement Administrator’s determination 3096 will be final.
3097 26.03.5 City’s assessment or collection of administrative charges will not prevent City from 3098 exercising any other right or remedy, including the right to terminate this Agreement, for Contractor’s failure 3099 to perform the work and services in the manner set forth in this Agreement. 3100 26.04 Uncontrollable Circumstances.
3101 26.04.1 If either party is prevented from or delayed in performing its duties under this 3102 Agreement by circumstances beyond its control, whether or not foreseeable, including, without limitation, 3103 acts of terrorism, landslides, lightning, forest fires, storms, floods, severe weather, freezing, earthquakes, 3104 other natural or man-made disasters, the threat of such natural or man-made disasters, pandemics (or threat 3105 of same), quarantines, civil disturbances, acts of the public enemy, wars, blockades, public riots, strikes, 3106 lockouts, or other labor disturbances, acts of government or governmental restraint or other causes, whether 3107 of the kind enumerated or otherwise, that are not reasonably within the control of the affected party, then the 3108 affected party will be excused from performance hereunder during the period of such disability. 3109 26.04.2 The party claiming excuse from performance must promptly notify the other party 3110 when it learns of the existence of such cause, including the facts constituting such cause, and when such 3111 cause has terminated.
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3112 26.04.3 The interruption or discontinuance of services by a party caused by circumstances 3113 outside of its control will not constitute a default under this Agreement. 3114 Article 27. Performance Bond
3115 27.01 Performance Bond. Within ten (10) Business Days from the date the City Council approves 3116 this Agreement, Contractor must furnish to City, and keep current, a performance bond, or irrevocable letter 3117 of credit (hereinafter collectively “Performance Bond”), issued or drawn upon a surety, bank or financial 3118 institution reasonably acceptable to City and in a form acceptable to the City Attorney, for the faithful 3119 performance of this Agreement and all obligations arising hereunder in an amount as follows:
3120 27.01.1 From October 1, 2024, and so long as this Agreement or any extension thereof 3121 remains in force, Contractor must maintain a performance bond in the amount of one million dollars 3122 ($1,000,000).
3123 27.01.1.1 The performance bond must be executed by a surety company 3124 licensed to do business in the State of California; having an “A-“or better rating by A. M. Best or Standard 3125 and Poor’s; and included on the list of surety companies approved by the Treasurer of the United States. 3126 27.01.1.2 In the event City draws on the bond, all of City’s costs of collection 3127 and enforcement of the Bond, including reasonable attorney’s fees and costs, must be paid by Contractor. 3128 27.01.1.3 The Performance Bond must be renewed annually for the entire 3129 term of the Agreement and evidence must be provided to City annually. 3130 27.01.1.4 In the event Contractor shall for any reason (except as otherwise 3131 provided in this Agreement) become unable to, or fail in any way, to perform as required by this Agreement, 3132 City may declare a portion or all of the Performance Bond, as may be necessary to recompense and make 3133 whole the City, forfeited to the City. Upon partial or full forfeiture of the Performance Bond, Contractor shall 3134 restore the Performance Bond to its original amount within thirty (30) days of the City’s notice to do so. 3135 Failure to restore the Performance to its full amount within thirty (30) days shall be a material breach of this 3136 Agreement.
3137 Article 28. Insurance
3138 28.01 Insurance Policies. Contractor must secure and maintain throughout the term of this 3139 Agreement insurance against claims for injuries to persons or damages to property which may arise from or 3140 in connection with Contractor’s performance of work or services under this Contract. Contractor’s 3141 performance of work or services includes performance by Contractor’s employees, agents, representatives, 3142 and subcontractors.
3143 28.02 Minimum Insurance Requirements.
3144 28.02.1 General Liability Insurance. Contractor shall maintain commercial general liability 3145 insurance with coverage at least as broad as Insurance Services Office Form CG 00 01, in an amount not
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3146 less than $5,000,000 per occurrence, $10,000,000 general aggregate, for bodily injury, personal injury, and 3147 property damage. The policy must include contractual liability that has not been amended. Any endorsement 3148 restricting standard ISO “insured contract” language will not be accepted. 3149 28.02.2 Automobile Liability Insurance. Contractor shall maintain automobile insurance at 3150 least as board as Insurance Services Office Form CA 00 01 covering bodily injury and property damages for 3151 all activities of the Contractor arising out of or in connection with Work to be performed under this Agreement 3152 including any owned, hired, non-owned, or rented vehicles, in an amount not less than $10,000,000 3153 combined single limit for each accident.
3154 28.02.3 Umbrella or Excess Liability Insurance. Contractor shall obtain and maintain an 3155 umbrella liability insurance policy with limits that will provide bodily injury, personal injury, and property 3156 damage liability coverage, including commercial general liability, automobile liability, and employer’s liability. 3157 Such policy or policies shall include the following terms and conditions:
3158 • A drop-down feature requiring the policy to respond if any primary insurance that 3159 would otherwise have applied proves to be uncollectible in whole or in part for any 3160 reason, other than bankruptcy or insolvency of said primary insurer; 3161 • “Pay on behalf of” working as opposed to “reimbursement”; 3162 • Concurrency of effective dates with primary policies. 3163 Should Contractor obtain and maintain an excess liability policy, such policy shall be excess over 3164 commercial general liability, automobile liability, and employer’s liability policies. Such policy or policies 3165 shall include working that the excess liability policy follows the terms and conditions of the underlying 3166 policies.
3167 28.02.4 Workers’ Compensation and Employers Liability: Workers’ Compensation limits as 3168 required by the California Labor Code and Employers Liability limits of $3,000,000 per accident. Contractor 3169 shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of 3170 Agency, its officers, agents, employees, and volunteers. 3171 28.02.5 Environmental Pollution Liability: Pollution legal liability insurance coverage shall be 3172 in an amount no less than Ten Million Dollars ($10,000,000) per claim and in the aggregate. Coverage shall 3173 be extended a minimum of three (3) years beyond the term of the contract and such insurance shall contain 3174 all standard extensions customary for such policy and shall cover prior acts. 3175 28.02.6 Cyber Liability Insurance. Contractor shall maintain either an endorsement to its 3176 general liability policy, or a separate policy of insurance covering cyber liability. Said coverage shall be in 3177 the amount of not less than Five Million Dollars ($5,000,000) per occurrence, and Five Million Dollars 3178 ($5,000,000) in the aggregate.
3179 28.03 Insurance Provisions/Requirements.
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3180 28.03.1 Additional Insured Status. General liability, automobile liability, and umbrella/excess 3181 liability insurance policies shall provide or be endorsed to provide that City and its officers, officials, 3182 employees, agents, and volunteers shall be additional insureds under such policies. 3183 28.03.2 Requirements not limiting. Requirements of specific coverage features or limits 3184 contained in this section are not intended as a limitation on coverage, limits or other requirements, or a 3185 waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature 3186 is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured 3187 to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If Contractor maintains 3188 higher limits than the minimum shown above, the City requires and shall be entitled to coverage for the 3189 higher limits maintained by the Service Provider. Any available insurance proceeds in excess of the specified 3190 minimum limits of insurance and coverage shall be available to the City. 3191 28.03.3 Self-Insured Retentions. Any self-insured retentions must be declared to and 3192 approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or 3193 replaced by a deductible, or require proof of ability to pay losses and related investigations, claim 3194 administration, and defense expenses within the retention through confirmation from the underwriter. 3195 28.03.4 Primary/Non-Contributing. Coverage provided by Contractor shall be primary and 3196 any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. 3197 The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess 3198 insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such 3199 coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City’s 3200 own insurance or self- insurance shall be called upon to protect it as a named insured. 3201 28.03.5 Proof of Insurance. Contractor shall provide certificates of insurance and required 3202 endorsements to City as evidence of the insurance coverage required herein. Insurance certificates and 3203 endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current 3204 certification of insurance shall be kept on file with City for the contract period and any additional length of 3205 time required thereafter. City reserves the right to require complete, certified copies of all required insurance 3206 policies, at any time.
3207 28.03.6 Duration of Coverage. Contractor shall procure and maintain for the contract period, 3208 and any additional length of time required thereafter, insurance against claims for injuries to persons or 3209 damages to property, or financial loss which may arise from or in connection with the performance of the 3210 Work hereunder by Contractor, their agents, representatives, employees, or subcontractors. 3211 28.03.7 City’s Rights of Enforcement. In the event any policy of insurance required under 3212 this Agreement does not comply with these specifications or is canceled and not replaced, City has the right 3213 but not the duty to obtain the insurance it deems necessary, and any premium paid by City will be promptly 3214 reimbursed by Contractor or City will withhold amounts sufficient to pay premium from Contractor payments. 3215 In the alternative, City may cancel this Agreement.
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3216 28.03.8 Acceptable Insurers. All insurance policies shall be issued by an insurance 3217 company currently authorized by the Insurance Commissioner to transact business of insurance or is on the 3218 List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of 3219 A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s 3220 Key Rating Guide, unless otherwise approved by the City’s Risk Manager. 3221 28.03.9 Waiver of Subrogation. All insurance coverage maintained or procured pursuant to 3222 this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, 3223 officials, employees, and volunteers or shall specifically allow Contractor or others providing insurance 3224 evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor 3225 hereby waives its own right of recovery against City and shall require similar written express waivers and 3226 insurance clauses from each of its subcontractors. 3227 28.03.10Enforcement of Contract Provisions (Non-Estoppel). Contractor acknowledges 3228 and agrees that any actual or alleged failure on the part of the City to inform Contractor of non- compliance 3229 with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. 3230 28.03.11 Notice of Cancellation. Contractor agrees to oblige its insurance agent or broker 3231 and insurers to provide the City with a thirty (30) day notice of cancellation (except for nonpayment for which 3232 a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. If any of the 3233 Contractor’s insurers are unwilling to provide such notice, then Contractor shall have the responsibility of 3234 notifying the City immediately in the event of Contractor’s failure to renew any of the required insurance 3235 coverages or insurer’s cancellation or non-renewal. 3236 28.03.12Prohibition of Undisclosed Coverage Limitations. None of the coverages required 3237 herein will be in compliance with these requirements if they include any limiting endorsement of any kind 3238 that has not been first submitted to City and approved of in writing. 3239 28.03.13Separation of Insureds. A severability of interests provision must apply for all 3240 additional insureds ensuring that Contractor’s insurance shall apply separately to each insured against whom 3241 claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not 3242 contain any cross-liability exclusions.
3243 28.03.14Pass Through Clause. Contractor agrees to ensure that its subconsultants, 3244 subcontractors, and any other party who is brought onto or involved in the project/service by Contractor 3245 (hereinafter collectively “subcontractor”), provide the same minimum insurance coverage and endorsements 3246 required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all 3247 responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. 3248 However, in the event Contractor’s subcontractor cannot comply with this requirement, which proof must be 3249 submitted to the City, Contractor shall be required to ensure that its subcontractor provide and maintain 3250 insurance coverage and endorsements sufficient to the specific risk of exposure involved with 3251 subcontractor’s scope of work and services, with limits less than required of the Contractor, but in all other 3252 terms consistent with the Contractor’s requirements under this agreement. This provision does not relieve 3253 the Contractor of its contractual obligations under the agreement and/or limit its liability to the amount of
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3254 insurance coverage provided by its subcontractors. This provision is intended solely to provide Contractor 3255 with the ability to utilize a subcontractor who may be otherwise qualified to perform the work or services but 3256 may not carry the same insurance limits as required of the Contractor under this agreement given the limited 3257 scope of work or services provided by the subcontractor. Contractor agrees that upon request, all 3258 agreements with subcontractors, and others engaged in the project, will be submitted to City for review. 3259 28.03.15 City’s Rights to Revise Specifications. The City reserves the right at any time 3260 during the term of the contract to change the amounts and types of insurance required by giving the 3261 Contractor ninety (90) days advance written notice of such change. If such change results in substantial 3262 additional cost to the Contractor, the City and Contractor may renegotiate Contractor’s compensation. 3263 28.03.16Timely Notice of Claims. Contractor shall give City prompt and timely notice of 3264 claims made or suits instituted that arise out of or result from Contractor’s performance under this 3265 Agreement, and that involve or may involve coverage under any of the required liability policies. 3266 28.03.17Additional Insurance. Contractor shall also procure and maintain, at its own cost 3267 and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper 3268 protection and prosecution of the Work.
3269 Proof of insurance must be mailed to the following address, or any subsequent address as may be 3270 directed by the City.
3271 City of Norco
3272 2870 Clark Avenue
3273 Norco. CA 92860
3274 28.04 Subcontractors. Contractor must include all subcontractors performing services in the City 3275 as insureds under its policies or subcontractors must obtain separate certificates and endorsements. 3276 28.05 Modification of Insurance Requirements. The insurance requirements provided in this 3277 Agreement may be modified or waived by City’s risk manager, in writing, upon the request of Contractor if 3278 City’s risk manager determines such modification or waiver is in the best interest of City considering all 3279 relevant factors, including exposure to City.
3280 28.06 Rights of Subrogation. All required insurance policies must preclude any underwriter’s 3281 rights of recovery or subrogation against City with respect to matters related to Contractor’s performance of 3282 its obligations under this Agreement, with the express intention of the parties being that the required insurance 3283 coverage protects both parties as the primary coverage for any and all losses covered by the above-described 3284 insurance. Contractor must ensure that any companies issuing insurance to cover the requirements contained 3285 in this Agreement agree that they will have no recourse against City for payment or assessments in any form 3286 on any policy of insurance. The clauses ‘Other Insurance Provisions’ and ‘Insured Duties in the Event of an 3287 Occurrence, Claim or Suit’ as it appears in any policy of insurance in which City is named as an additional 3288 insured will not apply to City.
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3289 28.07 Failure to maintain insurance. Should Contractor fail to obtain or maintain insurance as 3290 required by this Agreement, Contractor shall have seven (7) days to cure the defect, during which time 3291 City shall have the option, but not the obligation to, at Contractor’s sole expense: (i) hire replacement waste 3292 hauler services to perform Contractor’s tasks until insurance coverage is resumed; or (ii) obtain replacement 3293 insurance coverage during said cure period. Should Contractor fail to correct this defect, City shall have the 3294 option to terminate this Agreement immediately.
3295 Article 29. Hold Harmless and Indemnification
3296 29.01 Hold Harmless for Consultant’s Damages. Contractor holds City, its elected and appointed 3297 officials, officers, agents, employees, and volunteers (collectively “City Indemnitees”) harmless from all of 3298 Contractor’s claims, demands, lawsuits, judgments, damages, losses, injuries or liability to Contractor, to 3299 Contractor’s employees, to Contractor’s contractors or subcontractors, or to the owners of Contractor’s firm, 3300 which damages, losses, injuries or liability occur during the work or services required under this Agreement, 3301 or performance of any activity or work required under this Agreement. 3302 29.02 Defense and Indemnity of Third-Party Claims/Liability. Contractor shall indemnify, defend 3303 with legal counsel approved by City, and hold harmless City Indemnitees from and against all liability 3304 including, but not limited to, loss, damage, expense, cost (including without limitation reasonable legal counsel 3305 fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with 3306 Contractor’s negligence, recklessness, or willful misconduct in the performance of work hereunder or its 3307 failure to comply with any of its obligations contained in the Agreement, except such loss or damage which is 3308 caused by the active negligence or willful misconduct of City. Should conflict of interest principles preclude a 3309 single legal counsel from representing both City and Contractor, or should City otherwise find Contractor’s 3310 legal counsel unacceptable, then Contractor shall reimburse City its costs of defense, including without 3311 limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation. The Contractor 3312 shall promptly pay City any final judgment rendered against City (and its officers, officials, employees, and 3313 volunteers) with respect to claims determined by a trier of fact to have been the result of Contractor’s 3314 negligent, reckless, or wrongful performance. It is expressly understood and agreed that the foregoing 3315 provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and 3316 will survive termination of this Agreement.
3317 29.02.1 Contractor’s obligations under this Section apply regardless of whether or not such 3318 claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or 3319 penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the 3320 rights of City under any provision of this Agreement, Contractor shall not be required to indemnify and hold 3321 harmless City for liability attributable to the active negligence of City, provided such active negligence is 3322 determined by agreement between the parties or by findings of a court of competent jurisdiction. In instances 3323 where City is shown to have been actively negligent and where City’s active negligence accounts for only a 3324 percentage of the liability involved, the obligation of the Contractor will be for that entire portion or percentage 3325 of liability not attributable to the active negligence of City.
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3326 29.03 Nonwaiver. City does not waive, nor shall be deemed to have waived, any indemnity, 3327 defense or hold harmless rights under this Section because of the acceptance by City, or the deposit with 3328 City, of any insurance certificates or policies described in Article 288. 3329 29.04 Diversion Indemnification. Subject to the requirements of Public Resources Code section 3330 40059.1, which will control in the event of any conflict with the provisions of this Section, Contractor agrees 3331 to protect and defend City Indemnitees with counsel selected by Contractor and approved by City, to pay all 3332 attorneys’ fees, and to indemnify and hold City Indemnitees harmless from and against all fines or penalties 3333 imposed by the California Integrated Waste Management Board if the diversion goals specified in California 3334 Public Resources Code section 41780, as it may be amended, are not met by City with respect to the 3335 Materials Collected by Contractor and if the lack in meeting such goals are attributable to the failure of 3336 Contractor to implement and operate the recycling or diversion programs or undertake the related activities 3337 required by this Agreement. In the event CalRecycle provides an administrative process to challenge the 3338 imposition of a compliance order or a fine or fines, Contractor will be responsible for engaging any consultants 3339 or attorneys necessary to represent City in any challenge. Contractor will be responsible for the retention of 3340 and payment to any consultants engaged to perform waste generation studies (diversion and disposal). All 3341 consultants and attorneys engaged hereunder are subject to the agreement of City and Contractor. 3342 29.05 Hazardous Substances Indemnification. Contractor agrees to indemnify, defend (with 3343 counsel reasonably approved by City), protect and hold harmless the City Indemnitees from and against any 3344 and all Claims of any kind whatsoever paid, suffered or incurred by or against the City Indemnitees resulting 3345 from any repair, cleanup, removal action or response action undertaken pursuant to CERCLA, the Health & 3346 Safety Code or other similar Federal, State or local law or regulation, with respect to Solid Waste or Household 3347 Hazardous Waste Collected and Disposed of by Contractor. The foregoing indemnity is intended to operate 3348 as an agreement pursuant to Section 10€) of CERCLA and Section 25364 of the Health & Safety Code to 3349 defend, protect, hold harmless and indemnify the City Indemnitees from all forms of liability under CERCLA, 3350 the Health & Safety Code or other similar Federal, State or local law or regulation. 3351 29.06 Proposition 218 Release. City intends to comply with all applicable laws concerning the 3352 Maximum Service Rates provided under this Agreement. Upon thorough analysis, the parties have made a 3353 good faith determination that the Maximum Service Rates for the Solid Waste Integrated Waste Management 3354 Services provided under this Agreement are not subject to California Constitution Articles XIIIC and XIIID 3355 because, among other reasons, such services are provided by a private corporation and not by City pursuant 3356 to Article 5, Contractor independently establishes the rates for services within the limits established in this 3357 Agreement, the receipt of services is voluntary and not required of any property within City, and any owner 3358 or Service Recipient of property within City has the opportunity to avoid the services available under this 3359 Agreement either through self-hauling or use of property in such a manner that Solid Waste is not generated. 3360 Accordingly, in the event that a third party challenges the Maximum Service Rates as being in violation of 3361 Article XIIIC or XIIID of the California Constitution, or otherwise asserting that the Maximum Service Rate are 3362 an invalid tax, assessment or fee, Contractor agrees to waiver, release and hold harmless the City 3363 Indemnitees from and against any and all claims Contractor may have against the City Indemnitees resulting 3364 therefrom, and to indemnify and defend City indemnitees, with legal counsel reasonably acceptable to City, 3365 from any third party claim, suit, or other action, whether administrative, legal, or equitable challenging the
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3366 Maximum Service Rates authorized under this Agreement or as being in violation of Article XIIIC or XIIID of 3367 the California Constitution, or otherwise asserting that the Maximum Service Rate are an invalid tax, 3368 assessment or fee. This Section will survive the expiration or termination of this Agreement for Claims arising 3369 prior to the expiration or termination of this Agreement. 3370 29.07 Employment & Labor Practices. Contractor shall indemnify and hold harmless City 3371 Indemnitees, from any and all liability, damages, claims, costs, and expenses of any nature to the extent 3372 arising from Contractor's personnel and labor practices, including failure to pay and comply with state or 3373 federal prevailing wage laws should such be applicable to Contractor’s personnel or labor practices or to one 3374 or more of the services is provides pursuant to the Agreement. All duties of Contractor under this paragraph 3375 shall survive termination of this Agreement.
3376 29.08 Consideration. It is specifically understood and agreed that the consideration inuring to 3377 Contractor for the execution of this Agreement consists of the promises, payments, covenants, rights and 3378 responsibilities contained in this Agreement.
3379 29.09 Obligation. This Agreement obligates Contractor to comply with the foregoing 3380 indemnification and release provisions; however, the collateral obligation of providing insurance must also be 3381 complied with as set forth in this Agreement. The provision of insurance and the coverage limits therein shall 3382 not in any way be a limitation on Contractor’s indemnification and defense obligations. 3383 29.10 Subcontractors. Contractor must require all subcontractors performing work in the City to 3384 enter into a contract containing the provisions set forth in Section 28.01 in which contract the subcontractor 3385 fully indemnifies City in accordance with this Agreement. 3386 29.11 Exception. Notwithstanding other provisions of this Agreement, Contractor’s obligation to 3387 indemnify, hold harmless and defend City, its officers and employees will not extend to any loss, liability, 3388 penalty, damage, action, or suit arising or resulting solely from acts or omissions constituting active 3389 negligence, willful misconduct, breach of this Agreement, or violation of law on the part of City, its officers or 3390 employees.
3391 29.12 Damage by Contractor. If Contractor’s employees or subcontractors cause any injury, 3392 damage, or loss to City property, including but not limited to City streets or curbs, excluding normal wear and 3393 tear, Contractor must reimburse City for City’s cost of repairing or replacing such injury, damage or loss. Such 3394 reimbursement is not in derogation of any right of City to be indemnified by Contractor for any such injury, 3395 damage, or loss. With the prior written approval of City, Contractor may repair the damage at Contractor’s 3396 sole cost and expense. Any injury, damage or loss to private property caused by the negligent or willful acts 3397 or omissions of Contractor to private property must be repaired or replaced by Contractor at Contractor’s sole 3398 expense. Disputes between Contractor and its Service Recipients or private property owners as to damage 3399 to private property are civil matters and complaints of damage will be referred to Contractor as a matter within 3400 its sole responsibility and as a matter within the scope of Section 28.01 [Indemnification].
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3401 Article 30. Default of Agreement
3402 30.01 Termination. City may cancel this Agreement, except as otherwise provided below in this 3403 Section, by giving Contractor thirty (30) calendar days advance written notice, to be served as provided in 3404 this Agreement, upon the happening of any one of the following events:
3405 30.01.1 Contractor takes the benefit of any present or future insolvency statute, or makes a 3406 general assignment for the benefit of creditors, or files a voluntary petition in bankruptcy (court) or a petition 3407 or answer seeking an arrangement for its reorganization or the readjustment of its indebtedness under the 3408 Federal bankruptcy laws or under any other law or statute of the United States or any State thereof, or 3409 consent to the appointment of a receiver, trustee or liquidator of all or substantially all of its property; or 3410 30.01.2 By order or decree of a court, Contractor is adjudged bankrupt or an order is made 3411 approving a petition filed by any of its creditors or by any of the stockholders of Contractor, seeking its 3412 reorganization or the readjustment of its indebtedness under the Federal bankruptcy laws or under any law 3413 or statute of the United States or of any State thereof, provided that if any such judgment or order is stayed 3414 or vacated within sixty (60) calendar days after the entry thereof, any notice of default will be and become 3415 null, void and of no effect; unless such stayed judgment or order is reinstated in which case, such default 3416 will be deemed immediate; or
3417 30.01.3 By, or pursuant to, or under the authority of any legislative act, resolution or rule or 3418 any order or decree of any court or governmental board, agency or officer having jurisdiction, a receiver, 3419 trustee or liquidator takes possession or control of all or substantially all of the property of Contractor, and 3420 such possession or control continues in effect for a period of sixty (60) calendar days; or 3421 30.01.4 Contractor has defaulted, by failing or refusing to pay in a timely manner the 3422 administrative charges or other monies due City and such default is not cured within thirty (30) calendar days 3423 of receipt of written notice by City to do so; or
3424 30.01.5 Contractor has defaulted by allowing any final judgment for the payment of money 3425 owed to City to stand against it unsatisfied and such default is not cured within thirty (30) calendar days of 3426 receipt of written notice by City to do so; or
3427 30.01.6 In the event that the monies due City under Section 30.01.3 above or an unsatisfied 3428 final judgment under Section 30.01.4 above is the subject of a judicial proceeding, Contractor will not be in 3429 default if the sum of money is bonded. All bonds must be in the form acceptable to the City Attorney; or 3430 30.01.7 Contractor has defaulted, by failing or refusing to perform or observe any of the 3431 terms, conditions or covenants in this Agreement, including, but not limited to, the maintenance of a 3432 performance bond in accordance with Article 27, or any of the rules and regulations promulgated by City 3433 pursuant thereto or has wrongfully failed or refused to comply with the instructions of the Agreement 3434 Administrator relative thereto and such default is not cured within thirty (30) calendar days of receipt of 3435 written notice by City to do so, or if by reason of the nature of such default, the same cannot be remedied 3436 within thirty (30) calendar days following receipt by Contractor of written demand from City to do so,
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3437 Contractor fails to commence the remedy of such default within such thirty (30) calendar days following such 3438 written notice or having so commenced fails thereafter to continue with diligence the curing thereof (with 3439 Contractor having the burden of proof to demonstrate (a) that the default cannot be cured within thirty (30) 3440 calendar days, and (b) that it is proceeding with diligence to cure such default, and such default will be cured 3441 within a reasonable period of time). However, notwithstanding anything contained herein to the contrary, for 3442 the failure of Contractor to provide Integrated Waste Management Services for a period of three (3) 3443 consecutive Work Days, City may secure Contractor's records on the fourth (4th) Work Day in order to 3444 provide interim Integrated Waste Management Services until such time as the matter is resolved and 3445 Contractor is again able to perform pursuant to this Agreement; provided, however, if Contractor is unable 3446 for any reason or cause to resume performance at the end of thirty (30) calendar days all liability of City 3447 under this Agreement to Contractor will cease and this Agreement may be terminated by City. 3448 30.02 Violations. Notwithstanding the foregoing and as supplemental and additional means of 3449 termination of this Agreement under this Article, in the event that Contractor's record of performance shows 3450 that Contractor has defaulted in the performance of any of the covenants and conditions required herein to 3451 be kept and performed by Contractor three (3) or more times in any twenty-four (24) month period, and 3452 regardless of whether the Contractor has corrected each individual condition of default, Contractor will be 3453 deemed a "habitual violator", will be deemed to have waived the right to any further notice or grace period to 3454 correct, and all such defaults will be considered cumulative and collectively will constitute a condition of 3455 irredeemable default. City will thereupon issue Contractor a final warning citing the circumstances therefore, 3456 and any single default by Contractor of whatever nature, subsequent to the occurrence of the last of such 3457 cumulative defaults, will be grounds for immediate termination of the Agreement. In the event of any such 3458 subsequent default, City may terminate this Agreement upon giving of written final notice to Contractor, such 3459 cancellation to be effective upon the date specified in City's written notice to Contractor, and all contractual 3460 fees due hereunder plus any and all charges and interest will be payable to such date, and Contractor will 3461 have no further rights hereunder. Immediately upon the specified date in such final notice Contractor must 3462 cease any further performance under this Agreement. 3463 30.03 Effective Date. In the event of any the events specified above, and except as otherwise 3464 provided in such subsections, termination will be effective upon the date specified in City's written notice to 3465 Contractor and upon such date this Agreement will be deemed immediately terminated and upon such 3466 termination, except for payment of services rendered up to and including the date of termination, all liability 3467 of City under this Agreement to Contractor will cease, and City will have the right to call the performance bond 3468 and will be free to negotiate with other contractors for the operation of interim and long-term Integrated Waste 3469 Management Services. Contractor must reimburse City for all direct and indirect costs of providing any interim 3470 Integrated Waste Management Services as a result of Contractor’s default in this Agreement. 3471 30.04 Termination Cumulative. City’s right to terminate this Agreement is cumulative to any other 3472 rights and remedies provided by law or by this Agreement. 3473 30.05 Alternative Service. Should Contractor, for any reason, except the occurrence or existence 3474 of any of the events or conditions set forth in Section 26.04 [Uncontrollable Circumstances], refuse or be 3475 unable for a period of more than forty-eight (48) hours, to Collect a material portion or all of the Solid Waste 3476 which it is obligated under this Agreement to Collect, and as a result, Solid Waste should accumulate in City
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3477 to such an extent, in such a manner, or for such a time that the City Manager, in the reasonable exercise of 3478 the City Manager's discretion, should find that such accumulation endangers or menaces the public health, 3479 safety or welfare, then City will have the right to Agreement with another Solid Waste enterprise to Collect 3480 any or all Solid Waste which Contractor is obligated to Collect pursuant to this Contract. City must provide 3481 twenty-four (24) hours prior written notice to Contractor during the period of such event, before contracting 3482 with another Solid Waste enterprise to Collect any or all Solid Waste that Contractor would otherwise collect 3483 pursuant to this Agreement for the duration of period during which Contractor is unable to provide such 3484 services. In such event, Contractor must undertake commercially reasonable efforts to identify sources from 3485 which such substitute Solid Waste services are immediately available and must reimburse City for all of its 3486 expenses for such substitute services during period in which Contractor is unable to provide Integrated Waste 3487 Management Services required by this Agreement.
3488 30.06 Survival of Certain Contractor Obligations. Notwithstanding the termination of this 3489 Agreement by Contractor or City, Contractor’s obligation to indemnify, defend and hold City and City 3490 Indemnitees harmless as provided in this Agreement shall survive termination for five (5) years from the date 3491 of termination. Notwithstanding the termination of this Agreement by Contractor or City, such act shall not 3492 automatically invalidate or cancel any insurance policy, letter of credit, performance bond or similar 3493 instruments provided by Contractor under this Agreement and such policies, letters of credit, performance 3494 bonds and other instruments shall remain in full force and effect for one full year after termination. 3495 Article 31. Modifications to the Agreement
3496 31.01 City-Directed Change. City has the power to make changes in this Agreement to impose 3497 new rules and regulations on Contractor under this Agreement relative to the scope and methods of providing 3498 Integrated Waste Management Services as may from time-to-time be necessary and desirable for the public 3499 welfare or required by law. The size of Collection Containers specified herein for Bundled Service are 3500 designed to meet the requirements of the Applicable Law, inclusive of the State’s recycling mandates 3501 including AB 341, AB 1826 and SB 1383, and to be appropriate for the capabilities of available Materials 3502 Recovery Facilities and Organics Waste Processing Facilities at the start of this Agreement. The capabilities 3503 of such facilities may change during the term of this Agreement; as such City reserves the right to redirect 3504 materials to alternate facilities and change the designated sizes of Carts and/or Bins in Bundled Services in 3505 accordance with any such changes. City will give the Contractor notice of any proposed change and an 3506 opportunity to be heard concerning those matters and agrees to adjust Service Rates to reflect additional 3507 costs borne by Contractor. The scope and method of providing Integrated Waste Management Services as 3508 referenced herein will be liberally construed to include the procedures, operations, and obligations, financial 3509 or otherwise, of Contractor. When such modifications are made to this Agreement, City and Contractor will 3510 negotiate in good faith, a reasonable and appropriate compensation adjustment for any increase or decrease 3511 in the services or other obligations required of Contractor due to any modification in the Agreement under this 3512 Article. City and Contractor will not unreasonably withhold agreement to such compensation adjustment. 3513 Should agreement between City and Contractor on compensation adjustment not be reached within six 3514 months of the change request, or other period as agreed upon by both parties, City and Contractor agree to 3515 submit the compensation adjustment to binding arbitration as described in Section 31.02.
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3516 31.01.1 Change in Law. City and Contractor understand and agree that the California 3517 Legislature has the authority to make comprehensive changes in Integrated Solid Waste Handling 3518 legislation, and that these and other changes in Applicable Law in the future which mandate certain actions 3519 or programs for counties, municipalities or Contractor may require changes or modifications in some of the 3520 terms, conditions, or obligations under this Agreement. Contractor agrees that the terms and provisions of 3521 the City Municipal Code, as it now exists or as it may be amended in the future (in a manner not inconsistent 3522 with this Agreement), will apply to all of the provisions of this Agreement and the Service Recipients of 3523 Contractor located within the Service Area. In the event any future change in the Applicable Law, inclusive 3524 of any change in Federal law or regulations, State or local law of regulation, or the City Code that materially 3525 alters the obligations of Contractor, then Contractor shall be obligated to, and hereby agrees to, undertake 3526 such new or modified services or programs or take such other actions as may be necessary to comply with 3527 the Change in Law (“Modified Services”), provided that City and Contractor negotiate in good faith, and 3528 agree upon a reasonable and appropriate compensation adjustment for such Modified Services, prior to 3529 Contractor being obligated to undertake the Modified Services. City and Contractor will not unreasonably 3530 withhold agreement to such compensation adjustment. Should agreement between City and Contractor on 3531 compensation adjustment not be reached within six months of the change request, or other period as agreed 3532 upon by both parties, City and Contractor agree to submit the compensation adjustment to binding arbitration 3533 as described in Section 31.02. Nothing contained in this Agreement will require any party to perform any 3534 act or function contrary to law.
3535 31.02 Arbitration. Arbitration shall be conducted by a single arbitrator. If, within twenty (20) days 3536 from the receipt of a request to arbitrate (or such longer period mutually agreed to by the parties), the parties 3537 are unable to agree on an arbitrator, then a single arbitrator shall be appointed pursuant to the Commercial 3538 Arbitration Rules of the American Arbitration Association, which shall govern any arbitration requested under 3539 this provision. Each party shall bear its own costs and expenses of any arbitration. Each party shall pay one3540 half of the costs of the arbitrator. 3541 Article 32. Legal Representation
3542 32.01 Acknowledgement. It is acknowledged that each party was, or had the opportunity to be, 3543 represented by counsel in the preparation of and contributed equally to the terms and conditions of this 3544 Agreement and, accordingly, the rule that a contract will be interpreted strictly against the party preparing the 3545 same will not apply due to the joint contributions of both parties. 3546 Article 33. Conflict of Interest
3547 33.01 Financial Interest. Consultant is unaware of any City employee or official that has a 3548 financial interest in Consultant's business. During the term of this Agreement and/or as a result of being 3549 awarded this Agreement, Consultant shall not offer, encourage or accept any financial interest in Consultant's 3550 business by any City employee or official.
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3551 Article 34. Contractor's Personnel
3552 34.01 Displaced Employees. Contractor shall offer employment to all qualified displaced 3553 employees of the City’s franchisees from the prior Exclusive Solid Waste Franchise Agreement. Contractors 3554 must retain these displaced employees for a period of not less than 90 days, as provided for in Chapter 4.6, 3555 Sections 1070 through 1076 of the California Labor Code. Contractor shall make information about wage 3556 rates, benefits and job classifications of employees available to the City prior to any subsequent procurement 3557 for solid waste collection.
3558 34.02 Personnel Requirements. Contractor shall assign only qualified personnel to perform all 3559 services required under this Agreement and shall be responsible for ensuring its employees comply with this 3560 Agreement and all Applicable Laws related to their employment and position. Contractor's employees, 3561 officers, agents, and subcontractors shall not identify themselves or in any way represent themselves as 3562 being employees or officials of City. City may request the transfer of any employee of Contractor who 3563 materially violates any provision of this Agreement, or who is wanton, negligent, or discourteous in the 3564 performance of their duties under this Agreement.
3565 34.03 Agreement Manager. Contractor shall designate a qualified employee to serve as its 3566 Agreement Manager and must provide the name of that person in writing to City within thirty (30) days prior 3567 to the Commencement Date of this Agreement and annually by January 1st of each subsequent Calendar 3568 Year of this Agreement and any other time the person in that position changes. The Agreement Manager 3569 must be available to the City through the use of telecommunications equipment at all times that Contractor is 3570 providing Integrated Waste Management Services in the Service Area. The Contract Manager must provide 3571 City with an emergency phone number where the Contract Manager can be reached outside of normal 3572 business hours.
3573 34.04 Service Supervisor. Contractor shall assign a qualified employee to serve as is Service 3574 Supervisor to be in charge of the Collection Service within the Service Area and must provide the name of 3575 that person in writing to the Agreement Administrator on or before the Commencement Date, and thereafter 3576 annually before January 1st of each subsequent Calendar Year of the Term, and any other time Contractor 3577 changes the employee serving in that position changes. The Service Supervisor must be physically located 3578 in the Service Area and available to the Agreement Administrator through the use of telecommunication 3579 equipment at all times that Contractor is providing Integrated Waste Management Services. In the event the 3580 Service Supervisor is unavailable due to illness or vacation, Contractor must designate a substitute 3581 acceptable to the City who shall be available and shall have the authority to act in the same capacity as the 3582 Service Supervisor.
3583 34.05 Key Operations Staff. Contractor shall identify a full-time Key Operations Staff consisting 3584 at a minimum of: one (1) Operations Manager; one (1) Route Supervisor; one (1) Lead Mechanical 3585 Supervisor; and one (1) Service Recipient Service Supervisor 100% dedicated to the City. Each Key 3586 Operations Staff will provide the following to City Staff: email address, phone number, cell phone number and 3587 office address.
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3588 34.06 Sustainability/Compliance Staff. In accordance with Section 21.01, Contractor shall provide 3589 full time Sustainability/Compliance Staff, whose primary duties are dedicated to the City. 3590 34.07 Field Personnel. Contractor’s field operations personnel are required to wear a clean 3591 uniform shirt bearing Contractor’s name. Contractor’s employees, who normally come into direct contact with 3592 the public, including drivers, must bear some means of individual photographic identification such as a name 3593 tag or identification card. Each driver of a Collection vehicle must at all times carry a valid California driver's 3594 license and all other required licenses for the type of vehicle that is being operated. 3595 34.08 Labor Certifications. Contractor certifies: (i) it is aware of the provisions of Section 3700 of 3596 the California Labor Code that require every employer to be insured against liability for Workers' 3597 Compensation or to undertake self-insurance in accordance with the provisions of that Code; (ii) in the 3598 performance of the Services, Contractor shall not, in any manner, employ any person or contract with any 3599 person so that any part of this Agreement is so performed by such person would be subject to the workers' 3600 compensation laws of the State of California unless and until Contractor gives City a certificate of consent to 3601 self-insure or a certificate of Workers' Compensation Insurance Coverage; and (iii) in the event Contractor 3602 hires any subcontractor who has employees to perform the any part thereof, then Contractor shall either 3603 require the subcontractor to obtain Workers' Compensation Insurance Coverage, or must obtain Workers' 3604 Compensation Insurance Coverage for the subcontractor's employees. Before commencing performance 3605 under this Agreement, Contractor shall provide to the City evidence of any Workers' Compensation Insurance 3606 Coverage required by or for this Agreement, and all such coverage shall be endorsed with a waiver of 3607 subrogation in favor of City for all work performed by Contractor, its employees, its agents, and its 3608 subcontractors.
3609 34.09 Subcontractors. Contractor shall not subcontract any portion of this Agreement without the 3610 prior written approval of the City Manager. Contractor is fully responsible to City for the performance of any 3611 and all subcontractors, if any, and shall require any subcontractors to maintain all applicable federal, state, 3612 and local licenses required for the work they are assigned to perform. Contractor shall require any 3613 subcontractors performing work in the City to enter into a written contract that requires such subcontractors 3614 to agree they are independent contractors and have no other agency relationship with City. 3615 Article 35. Exempt Waste
3616 35.01 Contractor is not required to Collect or dispose of Exempt Waste but may offer such 3617 services. All such Collection and disposal of Exempt Waste is not regulated under this Agreement, but if 3618 provided by Contractor must be in strict compliance with all Applicable Laws. 3619 Article 36. Independent Contractor
3620 36.01 In the performance of services pursuant to this Agreement, Contractor is an independent 3621 contractor and not an officer, agent, servant or employee of City. Contractor will have exclusive control of the 3622 details of the services and work performed and over all persons performing such services and work. 3623 Contractor is solely responsible for the acts and omissions of its officers, agents, employees, contractors, and 3624 subcontractors, if any. Neither Contractor nor its officers, employees, agents, contractors, or subcontractors
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3625 will obtain any right to retirement benefits, Workers Compensation benefits, or any other benefits which 3626 accrued to City employees and Contractor expressly waives any claim to such benefits. 3627 36.02 Subcontractors. Contractor will require all subcontractors performing work in the City to 3628 enter into a contract containing the provisions set forth in the preceding subsection in which contract the 3629 subcontractor agrees that Contractor and subcontractor are independent contractors and have no other 3630 agency relationship with City.
3631 Article 37. Laws to Govern
3632 37.01 The law of the State of California governs the rights, obligations, duties and liabilities of 3633 City and Contractor under this Agreement and govern the interpretation of this Agreement. 3634 Article 38. Consent to Jurisdiction
3635 38.01 The parties agree that any litigation between City and Contractor concerning or arising out 3636 of this Contract must be filed and maintained exclusively in the Superior Courts of Riverside County, State of 3637 California, or in the United States District Court for the Central District of California to the fullest extent 3638 permissible by law. Each party consents to service of process in any manner authorized by California law. 3639 Article 39. Assignment
3640 39.01 No assignment of this Agreement or any right occurring under this Agreement may be 3641 made in whole or in part by Contractor without the express prior written consent of the City. City will have full 3642 discretion to approve or deny, with or without cause, any proposed or actual assignment by the Contractor. 3643 Any assignment of this Agreement made by Contractor without the express written consent of the City will be 3644 null and void and will be grounds for City to declare a default of this Agreement and immediately terminate 3645 this Agreement by giving written notice to Contractor, and upon the date of such notice Contract will be 3646 deemed immediately terminated, and upon such termination all liability of City under this Contract to 3647 Contractor will cease, and City will have the right to call the performance bond and will be free to negotiate 3648 with other contractors, for the services that are the subject of this Agreement. In the event of any assignment 3649 approved by City, the assignee must fully assume all the liabilities of Contractor by way of an assignment and 3650 assumption agreement. A sale or other transfer of more than fifty percent (50%) of the shares, stocks, points, 3651 or other indicia of ownership interest in Contractor shall be considered to be an assignment under this Article 3652 requiring prior written consent of the City. Upon notification to the City, Contractor shall provide to the City 3653 a payment of one hundred fifty thousand dollars ($150,000) for the city to perform its due diligence related to 3654 the requested Assignment.
3655 39.02 The use of a subcontractor to perform services under this Contract will not constitute 3656 delegation of Contractor’s duties if Contractor has received prior written authorization from the Agreement 3657 Administrator to subcontract such services and the Agreement Administrator has approved a subcontractor 3658 who will perform such services. Contractor will be responsible for directing the work of Contractor’s 3659 subcontractors and any compensation due or payable to Contractor’s subcontractor will be the sole
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3660 responsibility of Contractor. The Agreement Administrator will have the right to require the removal of any 3661 approved subcontractor for reasonable cause.
3662 Article 40. Compliance with Laws
3663 40.01 In the performance of this Contractor, Contractor must comply with all Applicable Laws, 3664 including, without limitation, the Norco Municipal Code. 3665 40.02 City shall provide written notice to Contractor of any planned amendment of the Norco 3666 Municipal Code that would substantially affect the performance of Contractor’s services pursuant to this 3667 Agreement. Such notice must be provided at least thirty (30) calendar days prior to the City Council’s approval 3668 of such an amendment.
3669 Article 41. Permits and Licenses
3670 41.01 Contractor shall obtain, at its own expense, all permits, and licenses required by law or 3671 ordinance and maintain same in full force and effect throughout the term of this Agreement. Contractor must 3672 provide proof of such permits, licenses or approvals and must demonstrate compliance with the terms and 3673 conditions of such permits, licenses, and approvals upon the request of the Agreement Administrator. 3674 41.02 The Contractor must have a valid City Business Tax Certificate throughout the term of the 3675 Franchise Agreement.
3676 Article 42. Ownership of Written Materials
3677 42.01 Contractor hereby grants City a non-exclusive license as to all reports, documents, 3678 brochures, public education materials, and other similar written, printed, electronic or photographic materials 3679 developed by Contractor at the request of City or as required under this Agreement, and intended for public 3680 use, without limitation or restrictions on the use of such materials by City. Contractor may not use such 3681 materials that specifically reference City for other purposes without the prior written consent of the Agreement 3682 Administrator. This Article 42Article 42 does not apply to ideas or concepts described in such materials and 3683 does not apply to the format of such materials.
3684 Article 43. Waiver
3685 43.01 Waiver by City or Contractor of any breach for violation of any term covenant or condition 3686 of this Agreement will not be deemed to be a waiver of any other term, covenant or condition or any 3687 subsequent breach or violation of the same or of any other term, covenant, or condition. The subsequent 3688 acceptance by City of any fee, tax, or any other monies which may become due from Contractor to City will 3689 not be deemed to be a waiver by City of any breach for violation of any term, covenant, or condition of this 3690 Agreement.
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3691 Article 44. Prohibition Against Gifts
3692 44.01 Contractor represents that Contractor is familiar with City’s prohibition against the 3693 acceptance of any gift by a City officer or designated employee. Contractor may not offer any City officer or 3694 designated employee any gifts prohibited by the City. 3695 Article 45. Point of Contact
3696 45.01 The day-to-day dealings between Contractor and City will be between Contractor and the 3697 Agreement Administrator.
3698 Article 46. Notices
3699 46.01 Except as provided in this Agreement, whenever either party desires to give notice to the 3700 other, it must be given by written notice addressed to the party for whom it is intended, at the place last 3701 specified and to the place for giving of notice in compliance with the provisions of this Section. For the present, 3702 the parties designate the following as the respective persons and places for giving of notice:
3703 As to the City:
3704 ________________
3705 ________________
3706 ________________
3707 As to the Contractor:
3708 ________________
3709 ________________
3710 ________________
3711 46.02 Notices will be effective when received at the address specified above. Changes in the 3712 respective address to which such notice is to be directed may be made by written notice. 3713 46.03 Notice by City to Contractor of a Collection or other Service Recipient problem or complaint 3714 may be given to Contractor orally by telephone at Contractor’s local office with confirmation sent to Contractor 3715 through the Customer Service System by the end of the Workday. 3716 Article 47. Transition to Next Contractor
3717 47.01 In the event Contractor is not awarded an extension or new contract to continue to provide 3718 Integrated Waste Management Services following the expiration or early termination of this Agreement, 3719 Contractor will cooperate fully with City and any subsequent contractors to assure a smooth transition of
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3720 services described in this Agreement. Such cooperation will include but not be limited to transfer of computer 3721 data, files and tapes; providing routing information, route maps, vehicle fleet information, and list of Service 3722 Recipients; providing a complete inventory of all Collection Containers; providing adequate labor and 3723 equipment to complete performance of all Integrated Waste Management Services required under this 3724 Agreement; taking reasonable actions necessary to transfer ownership of carts and bins, as appropriate, to 3725 City; including transporting such containers to a location designated by the Agreement Administrator; 3726 coordinating Collection of Materials set out in new containers if new containers are provided for a subsequent 3727 Agreements and providing other reports and data required by this Agreement. 3728 Article 48. Contractor’s Records
3729 48.01 Contractor shall keep and preserve, during the Term of this Agreement, full, complete, and 3730 accurate financial and accounting records, pertaining to cash, billing, and disposal transactions for the 3731 franchise area, prepared on an accrual basis in accordance with generally accepted accounting principles. 3732 These records and reports are necessary for the City to properly administer and monitor the Agreement and 3733 to assist the City in meeting the requirements of the Act. The Contractor shall keep and preserve, during the 3734 Term of this Agreement, and for a period of not less than four (4) years following expiration or other 3735 termination hereof or for any longer period required by law, full, complete, and accurate records as indicated 3736 in the Agreement.
3737 48.02 Any records or documents required to be maintained pursuant to this Agreement must be 3738 made available for inspection or audit for the purposes set forth in Section 18.01.3, at any time during regular 3739 business hours, upon written request by the Agreement Administrator, the City Attorney, City Auditor, City 3740 Manager, or a designated representative of any of these officers. Copies of such documents will be provided 3741 to City electronically, available to City for inspection at the local Contractor office, or an alternate site if 3742 mutually agreed upon.
3743 48.02.1 Contractor acknowledges that City is legally obligated to comply with the California 3744 Public Records Act (“CPRA”). City acknowledges that Contractor may consider certain records, reports, or 3745 information contained therein, (“Records”) which Contractor is required to provide to City under this 3746 Agreement, to be of a proprietary or confidential nature. In such instances, Contractor will inform City in 3747 writing of which records are considered propriety or confidential and shall identify the statutory exceptions 3748 to disclosure provided under the CPRA that legally permit non-disclosure of the Records. At such time as 3749 City receives a request for records under the CPRA or Federal Freedom of Information Act (“FOIA”) or a 3750 subpoena or other court order requesting disclosure of the Records, City will notify Contractor of the request, 3751 subpoena or order and of City’s obligation and intent to provide a response within ten (10) calendar days. 3752 Contractor shall within five (5) calendar days either: (i) consent in writing to the disclosure of the Records; 3753 or (ii) seek and obtain, at Contractor’s sole cost and expense, the order of a court of competent jurisdiction 3754 staying or enjoining the disclosure of the Records. If Contractor fails to timely respond, then City may proceed 3755 to disclosure the Records in which event Contractor agrees waives and releases City of any liability for the 3756 disclosure of the Records. In the event Contractor seeks a court order to stay or enjoining the disclosure of 3757 the Records, Contractor agrees to indemnify and hold harmless the City, its Council, elected and appointed 3758 board or commission members, officers, employees, volunteers and agents (collectively, "Indemnitees")
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3759 from and against any and all loss, liability, penalty, forfeiture, claim, demand, action, proceeding or suit in 3760 law or equity of any and every kind and description, whether judicial, quasi-judicial or administrative in nature, 3761 arising or resulting from or in any way connected with the subject CPRA or FOIA request for the Records. 3762 This Indemnity shall survive the expiration or termination of this Agreement. 3763 48.03 Where City has reason to believe that such records or documents may be lost or discarded 3764 in the event of the dissolution, disbandment or termination of Contractor’s business, City may, by written 3765 request or demand of any of the above-named officers, require that custody of the records be given to City 3766 and that the records and documents be maintained in City Hall. Access to such records and documents will 3767 be granted to any party authorized by Contractor, Contractor’s representatives, or Contractor’s successor-in3768 interest. 3769 Article 49. Entire Agreement
3770 49.01 This Agreement and the attached Exhibits constitute the entire Agreement and 3771 understanding between the parties, and the Agreement will not be considered modified, altered, changed, or 3772 amended in any respect unless in writing and signed by the parties. 3773 Article 50. Severability
3774 50.01 If any provision of this Agreement or the application of it to any person or situation is to any 3775 extent held invalid or unenforceable, the remainder of this Agreement and the application of such provisions 3776 to persons or situations other than those as to which it is held invalid or unenforceable, will not be affected, 3777 will continue in full force and effect, and will be enforced to the fullest extent permitted by law. 3778 Article 51. Right to Require Performance
3779 51.01 The failure of City at any time to require performance by Contractor of any provision of this 3780 Agreement will in no way affect the right of City thereafter to enforce same. Nor will waiver by City of any 3781 breach of any provision of this Agreement be taken or held to be a waiver of any succeeding breach of such 3782 provision or as a waiver of any provision itself.
3783 Article 52. All Prior Agreements Superseded
3784 52.01 This Agreement incorporates and includes all prior negotiations, correspondence, 3785 conversations, agreements, and understandings applicable to the matters contained in this Agreement and 3786 the parties agree that there are no commitments, agreements or understandings concerning the subject 3787 matter of this Agreement that are not contained in this document. Accordingly, it is agreed that no deviation 3788 from the terms of this Agreement will be predicated upon any prior representations or agreements, whether 3789 oral or written.
3790 Article 53. Headings
3791 53.01 Headings in this document are for convenience of reference only and are not to be 3792 considered in any interpretation of this Agreement.
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3793 Article 54. Exhibits
3794 54.01 Each Exhibit referred to in this Agreement forms an essential part of this Agreement. Each 3795 such Exhibit is a part of this Agreement, and each is incorporated by this reference. In the event of any 3796 conflicts between this Agreement and the Exhibits, then this Agreement shall take priority. 3797 Article 55. Attorney’s Fees
3798 55.01 If litigation is brought by a party in connection with this Agreement, the prevailing party will 3799 be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys’ fees, 3800 incurred by the prevailing party in the exercise of any of its rights or remedies under this Agreement or the 3801 enforcement of any of the terms, conditions, or provisions of this Agreement. 3802 Article 56. Effective Date
3803 56.01 This Agreement will become effective when it is properly executed by City and Contractor 3804 and Contractor will begin Integrated Waste Management Services under this Agreement as of October 1, 3805 2024.
3806
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3807 IN WITNESS WHEREOF, City and Contractor have executed this Agreement on the respective 3808 date(s) below each signature.
3809 CITY OF ______________ __________________ INC.
3810 A General Law City
3811 By: ________________________ By: ________________________ 3812
3813
3814 Title: _______________________ By: _____________________________ 3815 President
3816
3817 ATTEST: ____________________ By: __________________________ 3818 City Clerk
3819 APPROVED AS TO FORM
3820 City Attorney _____________________________
3821 Secretary
3822 By: _________________________
3823
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3824 Exhibit 1
3825 City Approved Service Rates
3826
3827
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3828 Exhibit 2
3829 Additional Services
3830 RESERVED
3831
3832
3833
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3834 Exhibit 3
3835 List of City Properties and Current Service Levels Facility Name Facility Address Garbage Recyclable
Materials
Organic /
Green
Waste /
Food
Waste
Manure
Qty Size Qty Size Qty Size Qty Size
City Hall 2870 Clark Avenue
Senior Center 2690 Clark Avenue
Animal Shelter 96 Sixth Street
Public Works Yard 1281 Fifth Street
Fire Station 57 3368 Corydon Avenue
Fire Station 47 3902 Hillside Avenue
The Hall 90 Sixth Street
The Barn 96 Sixth Street
Facilities 3421 Valley View
Eats Cultural Center 3954 Old Hamner Avenue
Other
Other
3836
3837
Park Name Park Address Garbage Recyclable
Materials
Organic /
Green
Waste /
Food
Waste
Manure
Qty Size Qty Size Qty Size Qty Size
Clark Field 1740 Detroit
Community Center Park Alhambra Street & Cedar
Avenue
Ingalls Event Center 3737 Crestview Avenue
Kips Korner Park Kips Korner & Parkridge
Avenue
Neal Snipes Park Fifth Street & Hamner
Avenue
Norco Hills Park 913 Harness Lane
Pacer Park Pacer Drive & Morgan
Street
Parmenter Park Temescal Avenue
Pikes Peak Park Sixth Street & Crestview
Avenue
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River Trails Park Hamner Avenue
Sundance Park 4047 Sundance Lane
Ted Brooks Park Bluff Street & Vine Street
Wayne Makin Park 3364 Western Avenue
Hawks Crest Park Gulf Stream Lane &
Aintree Downs Drive
Corydon Staging Area 3300 Corydon Avenue
Other
Other
3838
3839
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City of Norco
City and/or Transit Trashcans
Street Address Existing
Trashcan Street Address Existing Trashcan
Street Name Street Name
[Street Direction] [Street Direction]
Can # 1 Can # 1
Can # 1 Can # 1
Can # 1 Can # 1
Can # 1 Can # 1
Can # 1 Can # n/a
Can # 1 Can # 1
Can # 1 Can # 1
Can # 1 Can # 1
[Street Direction] Can # 1
Can # 1 Can # 1
Can # 1 Can # 1
Can # 1 [Street Direction]
Can # 1 Can # 1
Can # 1 Can # 1
Can # 1 Can # 1
Can # 1 Can # 1
Can # 1 Can # 1
Street Name Can # 1
[Street Direction] Can # 1
Can # 1 Can # 1
Can # 1 Can # 1
Can # 1 Street Name
Can # 1 [Street Direction]
Can # 1 Can # 1
Can # 1 Can # 1
Can # 1 Can # 1
[Street Direction] Can # 1
Can # 1 [Street Direction]
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City of Norco
City and/or Transit Trashcans
Street Address Existing
Trashcan Street Address Existing Trashcan
Can # 1 Can # n/a
Can # 1 Can # 1
Can # 1 Can # 1
Can # 1 Can # 1
Can # 1 Street Name
Can # 1 [Street Direction]
Street Name Can # 1
[Street Direction] Can # 1
Can # 1 Can # 1
Can # 1 Can # 1
[Street Direction] Can # 1
Can # 1 Can # n/a
Can # 1 [Street Direction]
Street Name Can #
[Street Direction] Can # 1
Can # 1 Can # 1
Can # 1 Can # 1
Can # 1
Can # 1
Can # 1
[Street Direction]
Can # 1
Can # 1
Can # 1
Can # 1
Can # 1
3840
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3841 Exhibit 4
3842 Collection Container Specifications
E4.01 Cart Specifications.
E4.01.1 All new or replacement Carts must be manufactured with a minimum twenty percent (20%) post-consumer recycled material content and come with a ten (10) year warranty against defects.
E4.01.2 Carts must be constructed with material that resists deterioration from ultraviolet radiation and be incapable of penetration by household pets or small wildlife when lids are fully closed.
E4.01.3 Contractor must provide Carts having an approximate volume of 32, 64 and 96 gallons.
Actual cart volume may vary by +/- 10% depending on manufacturer.
E4.01.4 Carts must include wheels and handles that accommodate ease of movement by ablebodied persons, have heavy duty wheels, attached hinged lids, and be designed to be resistant to inadvertent tipping due to high winds.
E4.01.5 Carts must include lids that continuously overlap the Cart body so as to prevent the intrusion of rainwater and minimize odors. The lids would be of a design and weight so as to prevent the Cart body from tilting backward when flipping the lid open.
E4.01.6 Carts must be capable of being lifted into the Collection Vehicle without damage or distortion under normal usage.
E4.01.7 Carts be hot-stamped, embossed, or labeled/decaled with the company name, a unique identification number (i.e., serial number for carts), weight limit, and images of the type of materials to be Collected. All Carts shall also contain instructions for proper usage. If any of the above is accomplished via labels or decals, such labels or decals must be maintained and/or replaced as necessary throughout the term to maintain a near new appearance. Decals/labels showing types of materials collected in each Cart must be replaced whenever damaged or list of acceptable items change, but no more than once per year.
E4.01.8 Cart and lids must meet all applicable colors and labeling specifications as set forth by CalRecycle (i.e., blue = recycle, black/charcoal = trash, green = yard waste/mixed organics, brown = manure or other color standards as determined by CalRecycle prior to the start of this Agreement).
E4.02 Bin Specifications.
E4.02.1 Bins must be constructed of heavy metal or heavy plastic and must be watertight, well painted, in good condition and without rust or dents.
E4.02.2 Wheels, forklift slots, and other appurtenances, which are designed for movement, loading, or unloading of the container, must be maintained in good repair.
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E4.02.3 Contractor must provide Bins having an approximate volume of 1, 2, 3, 4, and 6-cubic yards.
E4.02.4 Bins must have the name and phone number of Contractor on the exterior so as to be visible when the Bin is placed for use.
E4.02.5 Each Bin must be labeled with a listing of materials that may and may not be placed in a particular Bin type, and each Bin must include a conspicuous warning: “Not to be used for the disposal of hazardous, electronic, or universal waste.” Bins must be labeled in English and Spanish.
E4.02.6 Bin lids must be constructed of metal or heavy plastic, so as to minimize the intrusion of rainwater and minimize odors. Locking bins will be provided upon request at the rate set forth in Exhibit 1.
E4.02.7 Bins must be capable of being lifted into the Collection Vehicle without damage under normal usage.
E4.02.8 Bins must meet all applicable colors and labeling specifications as set forth by CalRecycle (i.e., blue = recycle, black/charcoal = trash, green/brown = yard waste/mixed organics, green w/yellow lid or yellow = food waste or other color standards as determined by CalRecycle prior to the start of this Agreement).
E4.03 Roll-off Container Specifications.
Roll-off specifications shall be the same as Bin specifications E4.02.1 through E4.02.6, and E4.02.8.
Roll-offs shall be provided in sizes 10, 20, 30, 40 cubic yards. Compactors shall be available in sizes 10, 20,35, 40 cubic yards.
Contractor is obligated to provide covers for Roll-off Containers upon customer request.
E4.04 Kitchen Food Waste Pails
Contractor is responsible for the purchase and distribution of fully assembled and functional Kitchen Food Waste Pails to all SFD and MFD Dwelling Units in the Service Area, including to new Dwelling Units that are added to Contractor’s Service Area during the term of this Agreement. The initial distribution of Kitchen Food Waste Pails must be completed no later than October 1, 2024 along with educational outreach materials as approved by City and will be provided at no additional charge (one (1) pail per Dwelling Unit). The distribution to new Dwelling Units must be completed within three (3) Work Days of receipt of notification from City or the Dwelling Unit.
E4.05 Containers End of Life
Collection Containers must be recycled at the end of their useful life.
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E4.06 Containers Purchase
Contractor shall report all new Carts and Bins purchased pursuant to this Agreement to its address within the City, and shall report all purchases of Carts and Bins under this Agreement as attributable to the City for sales tax purposes.
3843
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3844 Exhibit 5
3845 Transition Plan
3846 _____________ has extensive experience in new program roll-outs ensuring success for the City of 3847 Norco franchise implementation. Transition experience includes various conversions and 3848 implementations of residential and commercial program including regulatory compliance, information 3849 materials development, container delivery and removal, mailings, advertisements, routing, billings, 3850 audits, and ongoing education.
3851
3852 After Contract Execution and prior to the Contact Start Date, _____________ will provide the City an 3853 update to the Start-Up Transition Roll-Out Plan for approval. The plan will include an updated detailed 3854 timeline with descriptions and estimated dates for minimally, all of the following:
3855
3856 • Vehicles
3857 • Order specifications
3858 • Confirmation of delivery dates
3859 • Containers
3860 • Order specifications
3861 • Confirmation of delivery dates
3862 • Staging and assembly location
3863 • Customer container size selection
3864 • Distribution plan
3865 • Including collection of existing containers
3866 • Employees
3867 • Hiring progress
3868 • Training
3869 • Public Outreach and Education
3870
3871 A transition provides customers with an experience that is reliable, orderly, seamless, and without 3872 service interruptions conducted thoroughly and professionally by staff. The transition services may 3873 include the following as appropriate:
3874
3875 • Collect solid waste from outgoing contractor's containers 3876 • Allow the outgoing contractor to collect from _____________ containers 3877 • Allow the future contractor to collect from _____________ containers during the transition 3878 • Service, remove and store outgoing contractor's containers after the transition 3879 • Continue customer's services, container quantity and sizes, and applicable discounts from 3880 outgoing contractor's customer service list, including not providing containers to addresses not 3881 utilizing outgoing contractor's services
3882
3883 1. Prior to the Start of Integrated Waste Management Services 3884
3885
3886
3887 a. Transition Team Approach
3888
3889 b. Proposal/Negotiation Phase
3890
3891 c. Start-Up/Transition Phase
3892
3893
DRAFT AGREEMENT.V1 Page 119 of 142
DRAFT 8/31/23
3894 d. Contract Phase
3895
3896 2. Customer Communications & Selection of Equipment 3897
3898 3. Employee Retention
3899
3900 A. Training Route Drivers
3901
3902 B. Training: CSRs
3903
3904 C. Training: Mechanics
3905
3906 4. Transition Services
3907
3908 a) Regular Meetings
3909
3910 b) Activated Phone Lines
3911
3912 c) Determining Routes
3913
3914 d) Vehicle and Container Delivery from Manufacturer 3915
3916 5. Public Outreach and Education Activities
3917
3918 6. Transition Coordination
3919
3920 7. Transition Schedule
3921
Phase / Activity Start Date End Date
(1) PRE-CONTRACTING PHASE
(a) City identifies recommended proposer.
(b) Order Collection Vehicles
(2) CONTRACTING PHASE
(a) Contract Award/Execute Agreement
(b) Insurance
(c) Performance Security
(d) Execute Agreement
(e) Contracting Fee
(3) TRANSITION PHASE
(a) Transition Activities:
(i) Transition Planning
(ii) Transition Team Meetings (Weekly)
(iii) After Action Meeting
(b) Employment Activities:
(i) Invitation to Apply
(ii) Recruitment / Family Fair
(iii) Employment Start Date
(c) Equipment Activities:
(i) Collection Vehicles
(ii) Residential Cart Production
(iii) Commercial Bin Procurement
(iv) Residential Cart Distribution / Removal
(v) Commercial Bin Distribution / Removal
(d) Customer Activities:
DRAFT AGREEMENT.V1 Page 120 of 142
DRAFT 8/31/23
Phase / Activity Start Date End Date
(i) CSR at City Hall
(ii) Customer Service Training
(iii) Residential Account Information
Customer Update & Audit
Initial Billing & Reporting
(iv) Commercial Account Information
Verification & Sustainability Programs
Customer Upload & Audit
Initial Billing
(v) Routing
(vi) City Facilities
Initial Billing & Reporting
Initial Billing
(e) Education, Outreach & Diversion Activities
(i) Residential Service Brochure
(ii) Print & Social Media
(iii) Update _____________ Website
(iv) Community Meeting
(v) Local Organizations Presentation
(vi) Neighborhood Associations
(vii) Residential Services Selection
(f) Food Recovery Assistance
(4) SERVICE START
(a) Route Adjustments
(b) Compliance Review
(c) Identify Tier One & Tier Two Customers
(d) Assist Tier One & Recovery Inspections
3922
3923 8. Commencement Date of Collection
3924
3925 9. Commercial Generator Transition Plan Supplement 3926
3927 Below is the supplemental transition schedule highlighting major milestones of the process. 3928
Commercial - Phase I Activity Start Date End Date
(a) Contract Award
(b) Collection Vehicles
(c) Compliance Review
(d) Share Review Results with City Staff
(e) Commercial Customer Outreach (Most
Impacted)
(f) Commercial Customer Outreach (All Others)
(g) Community Meetings
(h) Commercial Bins Added, Replaced or Painted
(i) Recruitment (Additional Commercial Drivers)
(j) Final Customer Container Selection
(k) Bins Delivered
(l) Service Start
3929
3930
DRAFT AGREEMENT.V1 Page 121 of 142
DRAFT 8/31/23
3931 Exhibit 6
3932 Administrative Charges and Penalties
Item
Amount if Not Cured in
30 Days
If Cured in 30
Days
a. Failure to respond to each complaint within three (3) Work Days of receipt of complaint. $100 per incident per Service Recipient. b. Failure to maintain call center hours as required by this Agreement. $100 per day. -0-
c. Failure to submit to City all reports by the deadlines required under the provisions of this Agreement. $100 per day. -0- d. Failure to include all parts of quarterly and annual reports specified in Sections 23.02 and 23.02.2.9 in the submitted report
$100 per day. -0-
e. Failure to submit to City all payments by the deadlines required under the provisions of this Agreement.
1% of the total amount due if fees are 1 –
10 days late; and 10% of the total
amount due if fees are more than 10
days late.
f. Failure for Collection Container to be compliant with specifications of Exhibit 4.
$50.00/each Collection
Container not compliant. -0-
g. Failure for Collection Container to be compliant with SB 1383 labeling requirements.
$50.00/each Collection
Container not compliant. -0-
h. Failure to display Contractor’s name and customer
service phone number on Collection Vehicles.
$100 per incident per
day. -0-
i. Failure to Collect a missed collection Container by
close of the next Work Day upon notice to Contractor,
that exceeds twenty (20) in any Calendar Year.
$1,000 per Calendar
year, plus $10 per
incident per day.
-0-
j. Failure to repair or replace damaged Containers within the time required by this Agreement, that exceeds
twenty (20) in any Calendar year.
$1,000 per Calendar year, plus $10 per
incident per day.
k. Failure to maintain collection hours as required by this Agreement. $100 per day. -0-
l. Failure to have Contractor personnel in Contractorprovided uniforms. $25 per day per
employee. -0-
DRAFT AGREEMENT.V1 Page 122 of 142
DRAFT 8/31/23
Item
Amount if Not Cured in
30 Days
If Cured in 30
Days
m. Failure of Contractor to follow Recyclable Materials, Organic Waste, and Manure Contamination and
Overage procedures as set forth under Section 5.07
and 5.13. $100/day for failure to
implement correction
plan.
Submit for
approval to
City and
implement
plan of
correction to
City within 30
days.
n. Vehicle fluid leak incidents from Contractor Collection Vehicles in excess of three (3) during a calendar year. $5000 per
incident in
excess of
three (3)
o. Failure of Contractor to provide proof of performance bond as required by this Agreement Agreement Default $500 per day p. Failure of Contractor to provide proof of insurance as required by this Agreement Agreement Default $500 per day q. Failure to provide City with documentation verifying Diversion, as outlined in Section 8.02, was achieved.
$10,000/Quarter
Submit for
approval to
City and
implement
plan of
correction
within 30
days.
r. Failure to Collect holiday trees on Collection Days. $25 per day. -0- s. Failure to commence service to a new Service
Recipient within seven (7) days after order. $150 per day -0- t. Failure to initially respond to a Service Recipient
complaint within one (1) business day.
$50 per failure to
resolve customer
compliant or request
-0-
u. Failure to complete Transition Plan as specified in
Exhibit 5
$100 per day per
individual requirement -0-
v. Failure to new carts for all 3 collection services to all Service Recipients within 60 days of Effective Date $100 per day -0-
DRAFT AGREEMENT.V1 Page 123 of 142
DRAFT 8/31/23
Item
Amount if Not Cured in
30 Days
If Cured in 30
Days
w. Failure to comply with any other provision in this
Agreement. $100 per incident -0-
x. Delivery of any Solid Waste load to a non-Approved
facility $1,000 per load
y. Failure to conduct the required number of Route
Reviews
$50 per review below
minimum required
annual number
-0-
z. Vehicles in excess of legal load weight $100 per vehicle after ten (10) such instances in any given calendar quarter
unless overweight by more than one (1)
ton (2,000 lbs.)
aa. Vehicles in excess of 2,000 lbs. legal load weight $250 per overweight load ab. Operating street sweeping vehicles in excess of ten (10) miles per hour while on route $100 per day per vehicle ac. Failure to maintain operable GPS system in street
sweeping vehicle
$100 per day per
vehicle -0-
ad. Failure to complete a route as scheduled $250 per route ae. Failure to perform all of the approved Public Education and Outreach Plan activities. $500 per activity -0-
af. Failure to provide the City with an up to date
Implementation Record upon City's request $1,000 per day -0- ag. Failure to comply with any other provision in this
Agreement $100 per incident -0-
3933
DRAFT AGREEMENT.V1 Page 124 of 142
DRAFT 8/31/23
3934 Exhibit 7
3935 Customer Service Plan
3936 Overview
3937
3938 1. Service Recipient Billing
3939
3940 2. Technology Network
3941
3942 3. Staffing Levels
3943
3944 4. Payment Programs
3945
DRAFT AGREEMENT.V1 Page 125 of 142
DRAFT 8/31/23
3946 Exhibit 8
3947 Collection Service Operations Plan
3948 _____________’s continued growth and extensive experience in collection programs, processing and 3949 diversion have situated the company in a position to ensure that necessary resources will be available 3950 during the transition period and contract term.
3951
3952 1. Vehicles
3953
3954 New collection vehicles are on order to service the City in preparation for a contract award. 3955 _____________ will utilize uniquely numbered, new model year _____ vehicles with a useful life 3956 expectancy of fifteen (15) years. This will include:
3957
3958
3959
3960
3961
3962
3963
3964
3965
3966
3967 a) Automated Collection Vehicles
3968
3969 b) Commercial Collection Vehicles
3970
3971 c) Other Vehicles
3972
3973 d) Specialized Equipment
3974
3975
3976 e) Vehicle Specifications
3977
3978 The requested vehicle specifications are identified below. 3979
Fuel
Type Size # of Axles GVWR Capacity # of Collection Compartments Side Loader
Side Loader
Front Loader
Scout Truck
Flat Bed
3980
3981
3982 f) Reduction of Air Emissions and Wear & Tear on City Streets 3983
3984 g) Vehicle Technology
3985
3986 h) Vehicle Appearance
3987
3988 i) Vehicle Maintenance Program
3989
3990
Quantity Type Model Year Useful Life
DRAFT AGREEMENT.V1 Page 126 of 142
DRAFT 8/31/23
3991 j) Vehicle Maintenance Schedule
3992
3993 2. Containers
3994
3995 a. Past Experience
3996
3997 b. Sufficiency of Capacity
3998
Container Dimensions
Container Height Width Depth
35 Gallon Cart
65 Gallon Cart
95 Gallon Cart
1 Cubic Yard Bin
1½ Cubic Yard Bin
2 Cubic Yard Bin
3 Cubic Yard Bin
4 Cubic Yard Bin
6 Cubic Yard Bin
3999
4000 c. Bin Enclosures and Limited Space
4001
4002 d. Container Appearance
4003
4004 1) Container Durability
4005
4006 2) Automated Carts
4007
4008 3) Commercial Bins
4009
4010 e. Container Maintenance Program
4011
4012 3. Route Operations
4013
4014 a) Advantages to Collection Vehicles Chosen
4015
4016 b) Driver Responsibilities
4017
4018 c) Anticipated Driver Productivity
4019
Route Operations # of
Crew
# of
Trucks
# of
Routes
Total
Route
Hours
On
Route
Hours
Total # of
Containers
Collected
# of
Containers
Collected /
Hour
# of
Vehicle
Passes
per
Customer
per week
Residential Trash
Residential
Recyclable
Materials
Residential
Organics
Residential Manure
DRAFT AGREEMENT.V1 Page 127 of 142
DRAFT 8/31/23
Route Operations # of
Crew
# of
Trucks
# of
Routes
Total
Route
Hours
On
Route
Hours
Total # of
Containers
Collected
# of
Containers
Collected /
Hour
# of
Vehicle
Passes
per
Customer
per week
Commercial Trash
Commercial
Recyclable
Materials
Commercial
Organics
Commercial
Manure
Bulky Collection
Barrel / Bin
Delivery
Scout Bin Route
4020
4021 d) Operational Communications
4022
4023 e) Driver Contamination Monitoring
4024
4025 f) Annual Service Level and Billing Audit Approach 4026
4027 1) Audit Plan
4028
4029 2) Route Maps
4030
4031 3) Route Audit Team
4032
4033 4) Route Audit Team Training
4034
4035 5) Conducting the Audit
4036
4037 4. Facilities
4038
4039 a) Designated Facilities
4040
4041 _____________ corporate offices and hauling operations facilities used to service the City are 4042 listed below:
4043
Facility Location Distance to City Center
Hauling Operations
Corporate Offices
4044
4045 _____________ proposes delivering solid waste, commingled recyclables, and organics to the 4046 facilities listed below.
DRAFT AGREEMENT.V1 Page 128 of 142
DRAFT 8/31/23
4047
Commodity Disposal Facility Facility Owner Location Distance to City Center
Solid Waste/
Residue
Recyclables
Organic
Waste
E-Waste
4048
4049 b) Estimated Recovery Rates Net of Residue
4050
Commodity Disposal Facility Recovery Rate Permitted
Capacity
Recyclables
Organic Waste
4051
4052 c) Operational Limitations of Recyclable Materials, Organic Waste, and Manure Processing 4053
4054 1) Organic Waste Processing
4055
4056 2) Recyclable Material Processing
4057
4058 d) How Recyclable Materials Will Be Marketed and Sold, Contingencies 4059
4060 5. Safety
4061
4062 a. Staffing Safety Requirements
4063
4064 1) Training
4065 2) Personal Protective Equipment
4066
4067 6. Reporting
4068
4069 a. Detailed monitoring and reporting
4070 b. Method Used to Track Tonnage
4071 c. Process for Reporting Complaints
4072
4073 7. Scavenging
4074
4075
DRAFT AGREEMENT.V1 Page 129 of 142
DRAFT 8/31/23
4076 Exhibit 9
4077 City-Approved Processing and Disposal Facilities
4078 The City has approved the following Disposal Facilities, Organic Waste Processing Facilities, Material 4079 Recycling Facilities, Manure Processing Facilities, and Transfer Stations to manage the specified services 4080 and otherwise assist the Contractor in the performance of the requirements of the Agreement. The 4081 Maximum Services Rates in Exhibit 1 assume all material is delivered to the approved facility. Any City4082 directed changes to any other non-approved facility will be considered a City-directed change in 4083 accordance with Section 31.01. The capabilities and capacities of such facilities may change during the 4084 term of this Agreement; as such City reserves the right to redirect materials to alternate facilities in 4085 accordance with any such changes.
4086 Disposal Facility
4087
Approved City Facilities
SWIS
Number Site Name County
Enforcement Agency
(LEA/EA)
4088
4089 Transfer and Processing Facilities
4090
Approved City Facilities
SWIS
Number Site Name County
Enforcement Agency
(LEA/EA)
4091
4092
DRAFT AGREEMENT.V1 Page 130 of 142
DRAFT 8/31/23
4093 Exhibit 10
4094 Sustainability and Compliance Plan
4095 1. The Approach to Programs and Facility Requirements 4096
4097 a) Proposed Operating Procedures
4098
4099 b) State Guidelines
4100
4101 c) Think Local
4102
4103 d) Partnership; Standards Development and Education 4104
4105 2. Meeting Diversion Requirements
4106
4107
4108 3. Diversion Programs SAMPLE
4109
4110
Diversion Programs Single
Family
MultiFamily Commercial City
Services
Legislative Compliance
SB 1383 Education, Outreach, and Training
Variable Size Container
Collection
Source Separated Recyclables
Special Event Integrated Waste Management
Services
Source Separated Organics
Service Level Selection
Bulky Item Collection
Container Contamination Minimization
Holiday Tree Collection
Debris Box Collection
Construction & Demolition Processing
Compost Delivery and Give Away
Onsite Waste Consultation
Source Separated Green Waste
Source Separated Food Waste
Manure
Edible Food Recovery Assistance
Sharps Program
Clean-Up Days
Paper Shred-Events
Home Composting Units
Electronic Waste, Textile, Carpet, & Mattress Events
City Sponsored Events
Litter Abatement
Code Enforcement Clean-Up
Illegal Dumping Clean-Up
City Park Service
Additional Programs as Required
4111
DRAFT AGREEMENT.V1 Page 131 of 142
DRAFT 8/31/23
4112 4. Diversion Facilities
4113 5. Program Schedule
4114
Sector Milestone 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 Residential
&
Multi-Family
Education &
Outreach
Route Reviews
Container Size
Adjustments
Record
Keeping
Enforcement
Support
Diversion
Programs
Commercial
(includes
mixed-use
service
recipients)
Education &
Outreach
Route Reviews
Container Size
Adjustments
Commercial
Business
Requirements
Education
Edible Food
Recovery
Assistance &
Education
Enforcement
Support
Record
Keeping
Diversion
Programs
City
Services
Reporting
Procurement
Community
Meetings
School
Education &
Outreach
Programs
Community
Event
Participation
Complaint
Investigations
Additional
Services
Program
Evaluation &
Adjustment
DRAFT AGREEMENT.V1 Page 132 of 142
DRAFT 8/31/23
Sector Milestone 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 Franchised
Diversion Rate
Goal
4115
4116 6. Estimated Tonnages SAMPLE
4117
4118
Sector Material 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 Residential
Recyclables
Organics
Manure
Residue
Multi Family
Recyclables
Organics
Manure
Residue
Commercial
(includes
mixed-use
service
recipients)
Recyclables
Organics
Manure
Residue
Additional
Services
Recyclables
Organics
Manure
Residue
Diversion %
4119
4120 7. Contamination Minimization
4121
4122 a. Compliance Review
4123
4124 b. Contamination Monitoring Plan
4125
4126 c. Route Reviews
4127
4128 d. Waste Evaluations
4129
4130 e. Contamination Noticing and Adequate Service Levels 4131
4132 f. Route Reviews & Waste Evaluations
4133
4134 g. Route Review Efficiency
4135
4136 8. Air Emission Reduction
4137
4138 9. Reducing Wear and Tear on City Streets
4139
4140 10. Environmental Stewardship
4141
DRAFT AGREEMENT.V1 Page 133 of 142
DRAFT 8/31/23
4142 a. Water and Power Conservation
4143 b. Waste Reduction and Reuse
4144 c. Procurement
4145 d. Other
4146
4147
4148 11. Use of Local Vendors
4149
4150 12. Innovative “Green Approach”
4151
4152 a. Electric Collection Vehicle Technology
4153 b. Innovative Facilities
4154 c. Strategic Partnerships
4155 d. Supplier Partnerships
4156
4157 13. Procurement
4158
DRAFT AGREEMENT.V1 Page 134 of 142
DRAFT 8/31/23
4159 Exhibit 11
4160 Outreach and Education Plan
4161 1. Prior to Service Start Activities
4162
4163 2. Implementation Programs
4164 a. Schedule of Materials
4165 b. Service Brochures
4166 c. Community Meetings
4167 d. Written Notices and Outreach Material
4168 e. City, School, Facilities, and Business Community Programs 4169 f. City Staff Training
4170
4171 3. Methods to Reduce Contamination
4172
4173 4. Benefits of Participation
4174
4175
DRAFT AGREEMENT.V1 Page 135 of 142
DRAFT 8/31/23
4176 Exhibit 12
4177 Acceptable Recyclable Materials
4178 Recyclable Materials include but are not limited to:
4179
Aluminum cans
Aerosol cans
Aseptic containers
Brochures
Cardboard
Cereal boxes
Clothes hangers
Computer paper
Coupons
Envelopes
Frozen food boxes and trays
Glass bottles/jars
Glass cosmetic bottles
Junk mail
Laundry bottles
Magazines/catalogs
Newspaper
Paper
Paper tubes
Phone books
Pizza boxes
Plastic containers #1-#7
Plastic film
Plastic milk jugs
Plastic bags
Polystyrene (Styrofoam)
Tin cans
Tissue boxes
Wrapping paper
4180
4181
DRAFT AGREEMENT.V1 Page 136 of 142
DRAFT 8/31/23
4182 Exhibit 13
4183 Street Sweeping Services
4184 Contractor shall provide street sweeping services to City during the Term in accordance with the terms 4185 and conditions of the Agreement and this Exhibit.
4186 1. Manner of Service. Contractor shall provide a Complete Sweep of all Curb Miles on all publicly 4187 maintained City Streets. Within any curb mile, Contractor shall be responsible for sweeping all 4188 curbs including median islands and the corners from any cross street intersecting the subject 4189 street. Contractor shall obey all laws governing the operation of the sweepers on a public street 4190 and shall perform its operations so that sweepers are traversing their routes in the normal 4191 direction of traffic.
4192 2. Labor and Materials. Contractor shall furnish all materials, labor, supervision and equipment 4193 necessary to perform all work required for regularly scheduled sweeping of all public streets in the 4194 City. Within 180 days of the Effective Date, Contractor shall adopt a City approved street 4195 sweeping schedule that follows the City approved refuse collection schedule, including 4196 adjustments for Holidays. Exceptions resulting from equipment breakdowns shall be immediately 4197 reported to the City with a catch-up schedule.
4198 3. Unscheduled and Emergency Services. Contractor shall also provide an annual 200-hour time 4199 bank for unscheduled sweeping and related services or as otherwise assigned by the City upon 4200 one (1) Work Days’ notice. Contractor shall use commercially reasonable efforts to respond to 4201 emergency incidents including vehicle accidents, illicit discharges, and other emergencies within 4202 two hours or less depending on the severity of the incident. Contractor shall bill City directly for 4203 unscheduled sweeping and related services provided under this paragraph at an amount to be 4204 mutually agreed on between City and Contractor prior to the provision of such services. 4205 4. Maps. Contractor shall provide the street sweeping service route maps to the City Representative 4206 upon request, within ninety (90) days from receipt of written notice. The maps shall be provided in 4207 a format that can be posted to the City website.
4208 5. Sweeping Method. Unsweepable items that impede sweeping, such as palm fronds, rocks, trash 4209 and debris shall be removed from the sweeping path and properly disposed of by the operator 4210 rather than driving around them. Items that impede sweeping and are immovable such as 4211 construction debris and impaired vertical or horizontal clearance by tree limbs shall be reported to 4212 the City immediately for correction. Contractor is not responsible for areas missed due to parked 4213 cars or other personal property. Sweeper operators shall immediately report to Contractor and the 4214 City all Illicit discharges observed during routes. Contractor shall train all operators to recognize 4215 Illicit discharges and stormwater pollution sources prior to work as street operators and annually 4216 thereafter, using City-approved training materials. Such training shall be documented and made 4217 available for review by the City.
4218 6. Standing Water/Drainage Problems. In areas where drainage is a problem, Contractor shall 4219 make as many passes as necessary to remove debris from standing water. In addition, all sand, 4220 dirt, rocks, gravel, vegetation, and other sweepable debris shall be removed from the street 4221 during the sweeping operation. If standing water is over the top of curb, then Contractor shall not 4222 be required to sweep that specific area. Sweeper operators shall report all areas with drainage 4223 problems to Contractor and City monthly, or as deemed appropriate by Contractor. 4224 7. Standards of Service. All areas swept under this Agreement shall be thoroughly cleaned. All 4225 debris shall be picked up by the sweeper unit and disposed of at Contractor's expense. Sweeping 4226 shall include the removal of all sand, gravel, dirt, litter, vegetation, and any and all other debris 4227 that accumulates between sweeps. Curb lines shall be swept along both sides of the roadway, or 4228 to the edge of pavement where no curb exists, along all curbs on raised medians, over all 4229 portions of painted medians, painted left and right turn pockets, and all intersection cross gutters. 4230 Sweeping shall normally require one pass over an area. Contractor shall make additional passes 4231 or make such extra effort required to adequately clean the street to the satisfaction of the City.
DRAFT AGREEMENT.V1 Page 137 of 142
DRAFT 8/31/23
4232 Extra effort shall be required when sweeping equipment leaves a dirt/silt smear in its swept path. 4233 The service standards in this Article may be reviewed and modified as conditions warrant to 4234 maintain cleanliness by the City or as necessary to comply with any regulatory permits issued to 4235 City.
4236 8. Water. Contractor shall obtain water services from the appropriate water utility or City for the 4237 water necessary in the street sweeping operation and use sufficient water to prevent dust arising 4238 during sweeping operations. City will provide map of preferred hydrant locations to Contractor to 4239 be used whenever feasible. The cost of the water shall be borne by Contractor. 4240 8.1. When possible, Contractor shall use reclaimed or tertiary recycled water. 4241 8.2. Contractor shall not discharge liquid waste from the sweeper units onto City streets or 4242 into the storm drain system.
4243 8.3. Washing of sweepers on City property is prohibited. Contractor shall implement best 4244 management practices when loading water into the street sweepers to prevent any 4245 overflow/potable water discharges into the storm drain system. 4246 9. Sweeper Speed. Contractor shall operate the sweepers at a speed of not more than five (5) 4247 miles per hour in residential areas and eight (8) miles per hour in commercial areas when 4248 sweeping or when the sweeper brooms are down, unless Contractor can demonstrate that the 4249 sweeper can operate efficiently and safely at a higher speed. City will use industry standards, 4250 Environmental Protection Agency information, and the sweeper manufacturer’s recommendations 4251 on the speed of sweepers when considering greater speeds. 4252 10. Width of Sweeper Path. Contractor shall sweep all curb miles and all bike lanes with all brooms 4253 down, unless parked vehicles, structures, or other objects prohibit the safe sweeping of this path 4254 width. The path shall begin at the face of the curb and include the flow line of the gutter. Unless 4255 blocked by parked cars, Garbage Carts, Recycling Carts, or Organics Carts the face of the curb 4256 and gutter shall always be included within the sweeper path. On those residential streets with no 4257 curb, the width of the sweeper path shall be not less than eight (8) feet measured from the edge 4258 of the pavement toward the center of the street.
4259 11. Street Sweeping Frequency.
4260 11.1. Residential Streets. Contractor shall provide street sweeping service for each curb mile of 4261 residential streets in the City one time per month on a scheduled route basis. However, in 4262 those instances where the scheduled street sweeping service day falls on a Holiday, 4263 Contractor may adjust the route schedule as necessary, consistent with other Integrated 4264 Solid Waste Handling Services. This specifically includes:
4265 • All public residential streets within the City limits. 4266 • All private residential streets within the City limits, provided that Contractor 4267 obtains access from the homeowners’ association on mutually agreeable terms 4268 and conditions. Individual homeowner’s associations may negotiate directly with 4269 Contractor for more frequent street sweeping at the home owners association’s 4270 expense.
4271 11.2. Commercial Streets. Contractor shall provide street sweeping service for each curb mile 4272 of commercial streets in the City once per week on a scheduled route basis. However, in 4273 those instances where the scheduled street sweeping service day falls on a Holiday, 4274 Contractor may adjust the route schedule as necessary, consistent with other Integrated 4275 Solid Waste Handling Services.
4276 11.3. Parking Lots. Contractor shall provide street sweeping service for each curb mile of 4277 designated parking areas in the City once per week on a scheduled route basis. 4278 However, in those instances where the scheduled street sweeping service day falls on a 4279 Holiday, Contractor may adjust the route schedule as necessary, consistent with other 4280 Integrated Solid Waste Handling Services.
DRAFT AGREEMENT.V1 Page 138 of 142
DRAFT 8/31/23
4281 11.4. Change in Frequency. The City may direct Contractor to change the frequency of street 4282 sweeping for any City street. Contractor shall implement City-directed changes in 4283 frequency within fifteen (15) Work Days of receipt of written notice from the City 4284 Representative to adjust sweeping frequency. Any changes under this Article shall be 4285 treated as an Allowable Cost.
4286 12. Street Sweeping Hours of Service.
4287 12.1. Residential Streets. Contractor shall provide street sweeping service on residential 4288 streets commencing no earlier than 7:00 a.m. and terminating no later than 7:00 p.m. 4289 Street sweeping services shall take place on Tuesdays. The hours, days, or both of 4290 service may be extended due to extraordinary circumstances or conditions with the prior 4291 written consent of the City Representative. Sweeping in residential areas shall be 4292 coordinated with Integrated Solid Waste Handling Services to ensure that sweeping 4293 occurs after collection of all Carts has been completed on a specific street. 4294 12.2. Commercial Streets. Contractor shall provide street sweeping service on commercial 4295 streets commencing no earlier than 7:00 a.m. and terminating no later than 7:00 p.m. 4296 Monday-Friday. Street sweeping service shall take place five days per week. The hours, 4297 days, or both of service may be extended due to extraordinary circumstances or 4298 conditions with the prior written consent of the City Representative. 4299 13. Street Changes. City and Contractor acknowledge that it may be necessary or desirable to add 4300 or delete City streets for which Contractor will provide street sweeping services or to temporarily 4301 modify sweeping schedules. City will provide notice of any such changes to Contractor which may 4302 be caused by the following:
4303 • Construction or development on or along a street. 4304 • Pavement maintenance activities, including the chip seal program or the slurry seal 4305 program.
4306 • Inclement weather when running water renders sweeping ineffective. 4307 • Special sweeping on alternative schedule.
4308 • Other legitimate reasons that make sweeping impractical as determined by the City 4309 Representative.
4310 14. Street Additions. As new streets are constructed and accepted by City, City may, at City’s sole 4311 option, designate such streets as part of the Service Area for the purposes of street sweeping 4312 services. If the City Representative designates such streets as part of the Service Area, 4313 Contractor shall provide street sweeping service on such streets under the terms and conditions 4314 of this Agreement within fifteen (15) workdays of receipt of written notice from the City 4315 Representative to begin service. Any changes under this section shall be treated as City-directed 4316 changes under Section 31.01.
4317 15. Street Deletions. City may require some City streets to be temporarily or permanently removed 4318 from the list of scheduled streets for which Contractor provides street sweeping service under this 4319 Agreement. Contractor shall immediately cease providing street sweeping service to any City 4320 Street upon receipt of written notice from the City Representative to stop such service. When a 4321 City Street has been temporarily removed from the list of scheduled streets, Contractor shall 4322 resume street sweeping service on such street in the next regularly scheduled cycle following the 4323 receipt of written notice from the City Representative to resume service. 4324 16. Revised Maps. Contractor shall revise the street sweeping service route maps to show the 4325 addition or deletion of City Streets as provided above and shall provide such revised maps to the 4326 City Representative upon request, within ninety (90) days from receipt of written notice. The maps 4327 shall be provided in a format that can be posted to the City website.
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4328 17. Parking Restrictions. The City will provide written notice to Contractor of any streets where 4329 permit parking may impact scheduled street sweeping service. Contractor may be required to 4330 adjust sweeping schedules to sweep prior to the permit parking restrictions. 4331 18. Adverse Weather Conditions. Because of varying rain conditions throughout the City, 4332 Contractor may verbally request permission from the City Representative to cancel sweeping 4333 during heavy and persistent rainstorms within the Service Area. Contractor may cancel sweeping 4334 only with the prior consent of the City Representative. 4335 19. Hazardous Waste. Contractor shall not be required to remove any Hazardous Waste from the 4336 street surface. If, while performing street sweeping services, any suspected Hazardous Waste is 4337 encountered, Contractor shall immediately report the location to the City Representative, and any 4338 other responsible agency.
4339 20. Disposal of Sweep Waste. Contractor shall transport and deliver all sweep waste to designated 4340 bins. Contractor will collect all bins containing sweep waste and deliver to a facility in a manner 4341 that meets AB 939 requirements. In the event the facility is closed on a workday or is otherwise 4342 unable to accept the sweep waste, Contractor shall transport and deliver the sweep waste to 4343 another legally permitted facility. Sweep waste Disposal shall not be calculated as part of the 4344 annual diversion rate.
4345 21. Spillage. During hauling, all sweep waste shall be contained, covered and enclosed so that 4346 leaking, spilling and blowing of the sweep waste is prevented. Contractor shall be responsible for 4347 the immediate clean-up of any spillage caused by Contractor. 4348 21.1. Equipment oil, hydraulic fluids, or any other liquid or debris resulting from Contractor’s 4349 operations or equipment must be covered immediately with an absorptive material and 4350 removed from the street surface. Contractor must notify City within two (2) hours of any 4351 spills resulting from Contractor’s operations or equipment. When necessary, Contractor 4352 must apply a suitable cleaning agent to the street surface to provide adequate cleaning. 4353 21.2. The above paragraphs notwithstanding, Contractor must clean up any spillage caused by 4354 Contractor within two (2) hours upon notice from the City. If City deems necessary, 4355 Contractor must engage third-party environmental clean-up specialist to remove any 4356 equipment oil, hydraulic fluids, or any other liquid or debris that remains on street after 4357 Contractor’s own clean-up efforts. If clean-up is not conducted to satisfaction of City, City 4358 has right to engage environmental clean-up specialist to perform additional clean-up work 4359 at the expense of Contractor.
4360 21.3. To facilitate such cleanup, Contractor’s vehicles must at all times carry sufficient 4361 quantities of petroleum absorbent materials along with a broom and shovel. 4362 22. Street Sweeping Service Routes. Not less than forty-five (45) days prior to commencement of 4363 street sweeping services, Contractor shall submit to the City Representative, Service Area maps 4364 precisely defining the Sweeper Routes for review and approval by the City Representative. The 4365 route maps shall include the days of the month sweeping shall occur, the sweeping schedules in 4366 adjacent areas, the areas of the City to be swept, the start and finish of each route, the location of 4367 each dumpsite, and any special needs such as early starts, and late finishes. 4368 22.1. The City Representative may provide written comments on the preliminary maps to 4369 Contractor no later than twenty (20) Work Days after receipt of the maps from Contractor. 4370 Contractor shall revise the maps to reflect such comments and return them to the City 4371 Representative within twenty (20) workdays after receipt of the City Representative’s 4372 comments.
4373 22.2. Upon approval by the City Representative of the final Sweeper Route maps, Contractor 4374 shall develop and maintain the Sweeping Routes on a computerized mapping system 4375 that is compatible with City’s mapping system to the extent possible. Street Sweeping 4376 maps provided to the City shall be in a format that is suitable for posting to the City 4377 website.
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4378 22.3. Changes in maps shall be provided by the City, and Contractor shall update the maps in 4379 Contractor’s system every month. Such changes shall also be reflected in Contractor’s 4380 printed route maps. Contractor shall submit to the City Representative, in writing, any 4381 proposed route change (including maps thereof) not less than forty-five (45) days prior to 4382 the proposed date of implementation.
4383 22.4. The City Representative may provide written comments to Contractor on such proposed 4384 change no later than ten (10) workdays after receipt of the proposal from Contractor, and 4385 Contractor shall revise the routes to reflect such comments and return them to the City 4386 Representative within ten (10) workdays of receipt of such comments. 4387 22.5. Contractor shall not implement any route changes without the prior written approval of the 4388 City Representative. If the approved route change will change the day on which street 4389 sweeping service will occur, Contractor shall notify the affected Service Recipients of 4390 route changes not less than thirty (30) workdays before the proposed date of 4391 implementation in a manner approved by the City Representative. 4392 23. Other City Sweep Service. If during the Term, circumstances exist that require work associated 4393 with the street sweeping service program that is not specifically provided for in this Agreement, 4394 the City Representative may require Contractor to perform such other associated work (“OAW”). 4395 Any changes under this section shall be treated as City-directed changes under Section 31.01. 4396 23.1. When Contractor performs OAW, the labor, materials, and equipment used in the 4397 performance of such work shall be subject to the prior written approval of the City 4398 Representative.
4399 23.2. Examples of OAW that Contractor may be required to perform include: performance of 4400 special sweeps, flood clean-up, street sanitation for parades and celebrations, City 4401 requested clean-up services, and any contingency where sweeper and supporting 4402 sweeper equipment could assist in a particular instance. 4403 24. Street Sweeping Quality of Work. The standards of performance which Contractor is obligated 4404 to meet are those good street sweeping practices which leave the service area in a debris and 4405 dirt-free condition and using sufficient water to avoid airborne dust arising from equipment 4406 operation.
4407 25. Street Sweeping Equipment.
4408 25.1. General Provisions. All street sweeping service equipment used by Contractor in the 4409 performance of services under this Agreement shall be of a high quality and of the 4410 vacuum type in conformance with the City’s MS4 Permit. The collection vehicles shall be 4411 designed and operated to prevent collected materials from escaping from the collection 4412 vehicles. Hoppers shall be closed on top and on all sides with screening material to 4413 prevent collected materials from leaking, blowing, or falling from the collection vehicles. 4414 All sweepers shall have an operational strobe and back-up alarm and shall conform to all 4415 Federal, State and local government safety requirements. 4416 25.2. Clean Air Collection Vehicles. During the Term, to the extent required by law, Contractor 4417 shall provide its Street Sweeping vehicles to be in full compliance with all Applicable 4418 Laws, including State and federal clean air requirements that are adopted or proposed to 4419 be adopted, including, but not limited to, the California Air Resources Board Heavy Duty 4420 Engine Standards as currently proposed to be contained in California Code of 4421 Regulations, title 13, sections 2020 et seq., the Federal EPA’s Highway Diesel Fuel 4422 Sulfur regulations and all other applicable air pollution control laws. 4423 25.3. Vehicle Noise Level. All Street Sweeping operations shall be conducted as quietly as 4424 possible and must comply with Applicable Laws, including federal EPA noise emission 4425 regulations, currently codified at Code of Federal Regulations, Title 40, Part 205. 4426 25.4. Reserve Equipment. Contractor shall have available to it, at all times, reserve collection 4427 and street sweeping service equipment that can be put into service and operation within