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2179
2180 Article 15. Additional Services
2181 15.01 Neighborhood Clean-Up Events (“Dumpster Days”). Contractor shall provide Collection 2182 Services at Neighborhood Clean-Up Events (also known as “Dumpster Days”) at a maximum of twelve (12) 2183 per year upon request by City. Each event shall occur on a Saturday between the hours of 8:00 a.m. and 2184 12:00 p.m. at a location selected by the City and shall be limited to SFD and MFD Service Recipients within 2185 the City. At no cost to the City, the Contractor shall provide up to five (5) 40-yard Roll-off Containers for Solid 2186 Waste, one (1) 20-yard Roll-Off Container for metals, and one (1) 20-yard Container for Green Waste per 2187 event. The services shall be provided in a manner that meets all needs of the Neighborhood Clean-Up Event. 2188 The Agreement Administrator shall notify Contractor in writing or email not less than three (3) weeks prior to 2189 the date of each Neighborhood Clean-Up Event. The events must not occur during the week of a Holiday. 2190 Contractor shall prepare and distribute Neighborhood Clean-Up Event notices to SFD and MFD Service 2191 Recipients no later than one (1) week prior to each event. At a minimum, the notices shall include the dates 2192 and hours of operation, locations of the Collection sites, and acceptable materials for Collection. Contractor 2193 may separately electronically transmit the notices or provide the notices as billing inserts to each SFD and 2194 MFD Service Recipient. Contractor shall provide Spanish-translated notices upon request by the City. The 2195 costs of production, printing, mailing and all associated costs for the notices shall be borne by Contractor. 2196 Contractor shall also provide their information in digital format to the City. 2197 15.02 Recovered Organic Waste Procurement. In the event that support with recovered Organic 2198 Waste procurement is no longer provided by the West Contra Costa Integrated Waste Management Authority, 2199 Contractor shall assist the City in meeting the SB 1383-mandated recovered Organic Waste procurement 2200 target. At no cost to the City, Contractor must assist City in arranging for produced Compost, mulch, or other 2201 recovered Organic Waste products to comply with SB 1383 procurement requirements to be delivered in 2202 qualities, quantities, locations, and times agreed on between City and Contractor. Such Contractor assistance 2203 can be in the form of backhauling materials or setting aside locations for Service Recipients to pick up 2204 produced Compost/mulch at an approved facility. Contractor agrees to provide up to one thousand (1,000) 2205 cubic yards of Compost or 2,000 cubic yards of mulch to the City annually. The services described in this 2206 section are not effective until such time as the City and Contractor agree to a City-Directed Change per 2207 Section 30.01.
2208 15.03 Compost Giveaway Events. In the event that Compost is no longer provided by the West 2209 Contra Costa Integrated Waste Management Authority, and subject to the terms and conditions of Section 2210 30.01, Contractor will provide at least two Compost giveaway events per year for City residents. Contractor 2211 shall make available at least sixty (60) cubic yards of Compost on an annual basis at no additional cost to 2212 City. The location, date, and time of such events shall be mutually agreed upon by Contractor and City. The 2213 services described in this section are not effective until such time as the City and Contractor agree to a City2214 Directed Change per Section 30.01. 2215 15.04 Edible Food Recovery Support. In the event that Edible Food Recovery support is no longer 2216 provided by the West Contra Costa Integrated Waste Management Authority, and subject to the terms and 2217 conditions of Section 30.01, Contractor will, at no additional cost to the City, provide support to the City’s
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2218 Edible Food Recovery program as required under SB 1383. Contractor support may include educating 2219 commercial Edible Food generators, providing records of site visits, conducting education efforts, providing 2220 lists of food recovery organizations, and coordinating with Agreement Administrator. Contractor will assist the 2221 City in conducting Food Waste and Green Waste surveys and Diversion programs by providing accurate and 2222 timely service data, conducting site visits, and distributing materials. The services described in this section 2223 are not effective until such time as the City and Contractor agree to a City-Directed Change per Section 30.01. 2224 15.05 HHW and Extended Producer Responsibility Drop-Off Events. In the event that similar 2225 events are no longer provided by the West Contra Costa Integrated Waste Management Authority, and 2226 subject to the terms and conditions of Section 30.01, Contractor shall provide a minimum of two City-wide 2227 HHW (including E-waste, U-Waste, pharmaceuticals, and sharps), textile, carpet, and mattress Collection 2228 drives on an annual basis. The events shall be conducted by Contractor at no cost of any kind to the City. 2229 Contractor will schedule Collection events with City approval and advertise the drop-off events not less than 2230 one week prior to the scheduled Collection event, but no more than one month prior to the scheduled 2231 Collection event. All textile, carpet, and mattresses Collected through this program shall be Diverted from the 2232 landfill, either through donation to a local non-profit organization or through other means of Diversion. 2233 Contractor must arrange for appropriate disposal of all HHW generated by each event. The services 2234 described in this section are not effective until such time as the City and Contractor agree to a City-Directed 2235 Change per Section 30.01.
2236 15.06 HHW Drop-Off Site. In the event that the City’s HHW is no longer accepted by the West 2237 Contra Costa Integrated Waste Management Authority, and subject to the terms and conditions of Section 2238 30.01, Contractor will provide at least one HHW drop-off site within the City limits and provide free HHW drop2239 off services to City residents. The services described in this section are not effective until such time as the 2240 City and Contractor agree to a City-Directed Change per Section 30.01. 2241 15.07 Sharps Collection Program. In the event that sharps collection services are no longer 2242 provided by the West Contra Costa Integrated Waste Management Authority, and subject to the terms and 2243 conditions of Section 30.01, home-generated sharps, such as needles, syringes, and lancets, shall be placed 2244 in a sharps Container and removed from the regular waste stream to minimize exposure to Solid Waste 2245 workers and Recyclable Materials processors. To ensure sharps are handled in an appropriate manner, 2246 Contractor shall provide, upon request, postage-paid mail-back sharps Containers as follows. In addition, 2247 Contractor shall promote this program in newsletters and in other forms of outreach as determined by City. 2248 The services described in this section are not effective until such time as the City and Contractor agree to a 2249 City-Directed Change per Section 30.01.
2250 15.07.1 Each SFD Service Recipient shall be provided with up to one postage-paid mail2251 back sharps Container per year at no additional cost. Seniors shall be provided with up to two postage-paid 2252 mail-back sharps Containers per year at no additional cost. 2253 15.07.2 Each MFD dwelling within an MFD Service Unit, up to 20 dwellings per Service Unit, 2254 shall be provided with up to one postage-paid mail-back sharps Container per year at no additional cost. 2255 Seniors shall be provided with up to two postage-paid mail-back sharps Containers per year at no additional 2256 cost.
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2257 15.07.3 Contractor shall provide to the City on an annual basis not less than 200 postage2258 paid mail-back Sharps Containers for City staff to distribute at special events. 2259 15.08 Support in Complying with SB 54. Contractor will, at no cost to the City, provide support to 2260 the City in complying with SB 54. Contractor support may include, but is not limited to, record-keeping, 2261 collection of data, waste stream sampling, and compilation of reports. 2262 Article 16. Collection Routes
2263 16.01 Service Routes. Contractor must provide City with maps and digital mapping data precisely 2264 defining Collection routes, together with the days and the times at which Collection will regularly commence. 2265 16.02 Service Routes Near Schools. Contractor agrees not to schedule Collection service within 2266 500 feet of a school’s roadway frontage and/or driveways during either the school’s daily morning student 2267 arrival window(s) or the school’s daily afternoon student departure window(s). 2268 16.03 Initial Route Changes. Contractor agrees not to change any Residential Solid Waste 2269 Collection routes in effect as of the Effective Date of this Agreement prior to July 1, 2026, except for limited 2270 route changes that may be necessary for new development and subject to review and approval by the City. 2271 After July 1, 2026, if any re-routing of Residential Solid Waste Collection is necessary for Collection efficiency, 2272 Contractor may submit to City, in writing, proposed route changes (including maps thereof) not less than sixty 2273 (60) calendar days prior to the proposed date of implementation. Any such initial routing change may not 2274 affect more than ten percent (10%) of SFD Service Units in the City and is subject to City review and approval. 2275 16.04 Future Service Route Changes. Contractor must submit to City, in writing, any proposed 2276 route change (including maps thereof) not less than sixty (60) calendar days prior to the proposed date of 2277 implementation. Contractor may not implement any route changes without the prior review and approval of 2278 the Agreement Administrator. If the change will change the Collection day for a Service Recipient, Contractor 2279 must notify those Service Recipients in writing of route changes not less than thirty (30) days before the 2280 proposed date of implementation.
2281 16.05 Collection Route Audits. City reserves the right to conduct audits of Contractor’s Collection 2282 routes. Contractor must cooperate with City in connection therewith, including permitting City employees or 2283 agents designated by the Agreement Administrator to ride in the Collection Vehicles to conduct the audits. 2284 Contractor has no responsibility or liability for the salary, wages, benefits, or worker compensation claims of 2285 any person designated by the Agreement Administrator to conduct such audits. 2286 Article 17. Minimum Performance Standards
2287 17.01 Billing Audit and Performance Reviews.
2288 17.01.1 Contractor Shall Review its Billings to all Customers. The purpose of the review is 2289 to determine that the amount which the Contractor is billing each Customer is correct regarding the level of 2290 service (i.e., frequency of Collection, size of Container, location of Container) at the rates approved by City 2291 Council resolution. The Contractor shall review Customer accounts not less than annually and provide a
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2292 written certification to the City that all such billing is correct. The documentation of the review, as well as 2293 verification that any errors have been corrected, should be provided to the City annually. 2294 17.01.2 Billing Audit and Performance Reviews. City may conduct billing audit and 2295 performance reviews (together, “reviews”) of Contractor’s performance during the Term of this Agreement, 2296 as provided herein. City may conduct two (2) full reviews during the Initial Term of this Agreement. The 2297 purpose of these full reviews will be as described in Section 17.01.2.2 below. 2298 17.01.2.1 Selection and Cost. The reviews will be performed by the City or 2299 a qualified firm under contract with the City. City will have the final responsibility for the selection of the firm. 2300 City may conduct the two (2) reviews at any time during the Term of the Agreement, but not more frequently 2301 than once per year.
2302 17.01.2.2 Purpose. The reviews will be designed to verify: that Customer 2303 billing rates have been properly calculated and correspond to the level of service received by the Customer, 2304 that Contractor is correctly billing for all services provided, that Franchise Fees and other fees required 2305 under this Agreement have been properly calculated and paid to City, that Contractor is in compliance with 2306 the reporting requirements and performance standards of this Agreement, the Diversion percentages 2307 reported by Contractor, and any other provisions of the Agreement. City (or its designated consultant) may 2308 utilize a variety of methods in the execution of this review, including, but not limited to, analysis of relevant 2309 documents, on-site and field observations, and interviews. City (or its designated consultant) will review 2310 and document the items in the Agreement that can be objectively evaluated, including those that require 2311 Contractor to meet specific performance standards, submit information or reports, perform additional 2312 services, or document operating procedures. This information will be documented and be formatted in a 2313 “compliance checklist”, with supporting documentation and findings tracked for each of the identified items. 2314 The review will specifically include a determination of Contractor’s compliance with the Diversion 2315 requirements of Article 8 and the public outreach and education requirements of Article 20. City (or its 2316 designated consultant) may review the Customer service functions and structure utilized by Contractor. 2317 This may include Contractor’s protocol for addressing Customer complaints and service interruption 2318 procedures. Complaint logs may be reviewed, along with procedures and systems for tracking and 2319 addressing complaints. On-site and field observations by City (or its designated consultant) may include, 2320 but are not necessarily limited to:
2321 17.01.2.3 Interviews and discussions with Contractor’s administration and 2322 management personnel.
2323 17.01.2.4 Review and observation of Contractor’s Customer service 2324 functions and structure.
2325 17.01.2.5 Review of public education and outreach materials. 2326 17.01.2.6 Interviews and discussions with Contractor’s financial and 2327 accounting personnel.
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2328 17.01.2.7 Interviews with route dispatchers, field supervisors, and 2329 managers.
2330 17.01.2.8 Interviews with route drivers.
2331 17.01.2.9 Interviews with vehicle maintenance staff and observation of 2332 maintenance practices.
2333 17.01.2.10 Review of on-route Collection Services, including observation of 2334 driver performance and Collection productivity and visual inspection of residential routes before and after 2335 Collection to evaluate cart placement and cleanliness of streets. 2336 17.01.2.11 Contractor’s Cooperation. Contractor shall cooperate fully with the 2337 review and provide all requested data, including operational data, financial data, and other data reasonably 2338 requested by City within fifteen (15) Workdays of the request. Failure to submit data by the due date may 2339 result in assessment of Administrative Charges and Penalties as specified in Exhibit 4. 2340 17.01.3 Additional Billing Audit and Performance Review. If the Billing Audit and 2341 Performance Review concludes that Contractor is not in compliance with all terms and conditions of this 2342 Agreement and such non-compliance is deemed material by the City, Contractor is subject to Administrative 2343 Charges and Penalties as described in Exhibit 4 as well as reimbursement to the City for the full cost of the 2344 audit plus any underpayments discovered during the Audit. Additionally, City may conduct an Additional 2345 Billing Audit and Performance Review, beyond the two (2) specified in Section 17.01.2.1, to ensure that 2346 Contractor has cured any such area of non-compliance. For the purposes of a determination of non2347 compliance under this Agreement, Audit findings which result in underpayments of $100,000 or more shall 2348 be deemed material. These payment amounts shall increase annually by the CPI Adjustment Calculation in 2349 Section 6.03.1.
2350 17.01.4 City Requested Program Review. City reserves the right to require Contractor to 2351 periodically conduct reviews of the Garbage, Recyclable Materials, and Organic Waste Collection Service 2352 programs, provided that such reviews are reasonable and can be accomplished at no additional cost to 2353 Contractor and without interfering with Contractor’s operations. Such reviews could assess one or more of 2354 the following performance indicators: average volume of Recyclable Materials per set-out per Customer, 2355 average volume of Organic Waste per set-out per Customer, participation level, contamination levels, etc. 2356 Prior to the program evaluation review, City and Contractor will meet and discuss the purpose of the review 2357 and agree on the method, scope, and data to be provided by Contractor. Failure of Contractor to submit 2358 requested data or information to City within fifteen (15) Workdays of a request may result in assessment of 2359 Administrative Charges and Penalties as specified in Exhibit 4. 2360 17.02 Cooperation with Other Program Reviews. Contractor shall cooperate with City and/or its 2361 agent(s) as reasonably requested to collect program data, perform field work, conduct route audits to 2362 investigate Customer participation levels and set-out volumes, and/or evaluate and monitor program results 2363 related to Garbage, Recyclable Materials, and Organic Waste Collected in City by Contractor, provided that 2364 such cooperation can be accomplished at no additional cost to Contractor and without interfering with
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2365 Contractor’s operations. Failure of Contractor to submit requested data or information to City within fifteen 2366 (15) Workdays of a request may result in assessment of Administrative Charges and Penalties as specified 2367 in Exhibit 4.
2368 Article 18. Collection Equipment
2369 18.01 General Provisions. All equipment used by Contractor in the performance of services under 2370 this Agreement must be of a high quality and meet all Federal, State, and local regulations and air quality 2371 standards, including all applicable provisions of Air Quality Management District. Collection vehicles must be 2372 designed and operated so as to prevent Collected materials from escaping from the vehicles. Hoppers must 2373 be closed on top and on all sides with screening material to prevent Collected materials from leaking, blowing, 2374 or falling from the vehicles. All trucks and Containers must be watertight and must be operated so that liquids 2375 do not spill during Collection or in transit.
2376 18.02 Bulky Waste. Vehicles used for Collection of Bulky Waste may not use Compactor 2377 mechanisms or mechanical handling equipment that may damage reusable goods or release Freon or other 2378 gases from pressurized appliances.
2379 18.03 Collection Vehicles. Contractor must use Collection Vehicles as listed in the schedule 2380 included in Exhibit 6 and may not use any Collection Vehicle that is more than ten (10) years old during the 2381 Term of the Agreement. Contractor shall register all new Collection Vehicles under this Agreement to its 2382 address within the City and shall report all purchases of Collection Vehicles under this Agreement as 2383 attributable to the City for sales tax purposes. Collection Vehicles must utilize low carbon (“alternative”) fuel, 2384 which must be renewable natural gas (RNG), liquefied natural gas (LNG), CNG, or electric unless otherwise 2385 pre-authorized by the City in writing. If, during the Term of the Agreement, new technologies are available 2386 (such as hybrid or electric powered Collection vehicles), the City or the Contractor may request/negotiate 2387 implementation of such new Collection vehicles, with a corresponding change to the Maximum Service Rates 2388 to reflect additional cost or savings. During the Term, to the extent required by law, Contractor shall provide 2389 its Collection Vehicles to be in full compliance with all Applicable Laws, including State and Federal clean air 2390 requirements that are adopted or proposed to be adopted, including, but not limited to, the California Air 2391 Resources Board Heavy Duty Engine Standards as currently proposed to be contained in California Code of 2392 Regulations, Title 13, Sections 2020 et seq., the California Air Resources Board Advanced Clean Fleets 2393 Regulation as outlined in California Code of Regulations, Title 13, Sections 2013 et seq., the Federal EPA’s 2394 Highway Diesel Fuel Sulfur regulations, and all other applicable air pollution control laws. 2395 18.03.1 Zero Emission Vehicle Technology Transition. City and Contractor shall proactively 2396 take such steps as are necessary to plan for, and upon City direction execute, transition of the Contractor’s 2397 Collection Vehicles to reliance on electricity or other zero emission technologies as a fuel source. Contractor 2398 shall report to the City no less than annually on the status of the transition. The City and Contractor shall, no 2399 less than annually, confer on the degree to which it is technologically and economically feasible to transition 2400 some or all Collection Vehicles to electricity or other zero emission technology. In determining whether it is 2401 economically feasible to transition Collection Vehicles per Section, the City and Contractor shall review and 2402 evaluate Contractor’s current and historical finances and profitability. Upon a determination by the City that 2403 it is technologically and economically feasible to transition some or all Collection Vehicles to electricity or
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2404 other zero emissions technology, Contractor shall proceed to purchase and operate such vehicles on a 2405 schedule mutually agreed to by Contractor and City, and subject to agreement regarding changes in 2406 Contractor’s Compensation that are reasonable and necessary for the transition. Contractor shall be entitled 2407 to a change in Contractor’s Compensation for construction of an electric charging or other fueling station, 2408 subject to the mutual agreement of the City and Contractor and approval of the City Council. Contractor will 2409 coordinate with the City in finding or constructing a suitable charging or other fueling station for Contractor’s 2410 electric or other zero emission Collection Vehicles. 2411 18.04 Collection Vehicle On-Board Technology. Contractor must use Collection Vehicles fitted 2412 with GPS tracking devices that can be used to record start and stop times, vehicle locations, and maximum 2413 speed. Contractor shall furnish the City, at no additional cost or expense, any software and equipment 2414 necessary for City to track the location of Collection Vehicles in real time and to generate reports as needed. 2415 Collection Vehicles must also be fitted with cameras that are programmed to take photos, date and location 2416 stamped, to document violations, including contamination, overfilling, and lids not closed. GPS and camera 2417 data must be made available to City upon request. Failure of Contractor to make data or information available 2418 to City within fifteen (15) Workdays of a request may result in assessment of Administrative Charges and 2419 Penalties as specified in Exhibit 4.
2420 18.05 Collection Vehicle Size Limitations / Overweight Vehicle Charge. Contractor may not use 2421 any Collection Vehicle in violation of weight limitations in Applicable Law, including any weight limitation 2422 placed on any public roadway or alley as adopted and posted by City. The Contractor may exceed the 2423 Collection Vehicle size limitation for a limited time due to extraordinary circumstances or conditions with the 2424 prior written consent of the Agreement Administrator. The limited time may not exceed 120 days. Contractor 2425 must report all instances of overweight vehicles to City as part of its quarterly reporting described in Section 2426 22.04, and as part of its Annual Reports to the City described in Section 22.05. Contractor may be assessed 2427 Administrative Charges and Penalties as specified in Exhibit 4 as a result of exceeding an overweight vehicle 2428 rate of five percent (5.00%) in any Calendar Year during the Term of the Agreement. The overweight vehicle 2429 rate will be calculated as the total number of overweight Collection Vehicle instances during the Calendar 2430 Year divided by the total number of Collection Vehicle loads transported during the Calendar Year. Prior to 2431 collecting Administrative Charges and Penalties for overweight vehicles, the City shall afford Contractor a 2432 reasonable opportunity to provide the Agreement Administrator with documentation of the extraordinary 2433 circumstance that caused the overweight vehicles. Extraordinary circumstances in this case may include, but 2434 are not limited to, heavy rains or high winds that caused excess Green Waste to be generated, rain to 2435 accumulate in open Collection Containers, or normal Collection routes to be delayed or shortened due to 2436 extreme weather conditions. The Agreement Administrator shall have authority to consider Contractor’s 2437 documentation and uphold and collect the assessed charge, to reduce the charge, or to waive and dismiss 2438 the charge. The Agreement Administrator shall also have the authority to waive charges in advance of an 2439 anticipated, or in response to an actual, emergency event. 2440 18.06 Registration; Inspection. All vehicles used by Contractor in providing Solid Waste 2441 Collection under this Agreement, except those vehicles used solely on Contractor’s Premises, are to be 2442 registered with the California Department of Motor Vehicles. In addition, each such vehicle must be inspected 2443 by the California Highway Patrol in accordance with Applicable Law. Within two (2) Workdays of a request
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2444 from the Agreement Administrator, Contractor must provide City a copy of its vehicle maintenance log and 2445 any safety compliance report, including, but not limited to, any report issued under California Vehicle Code 2446 Sections 34500 and following, as well as the biennial “BIT” inspections conducted by the California Highway 2447 Patrol.
2448 18.07 Safety Markings. All Collection equipment used by Contractor must have appropriate safety 2449 markings including, but not limited to, highway lighting, flashing, and warning lights, clearance lights, and 2450 warning flags. All such safety markings must be in accordance with the requirements of the California Vehicle 2451 Code, as may be amended from time to time.
2452 18.08 Vehicle Signage and Painting. Collection Vehicles must be painted and numbered without 2453 repetition and must have Contractor's name, Contractor’s customer service telephone number, and the 2454 number of the vehicle painted in letters of contrasting color, at least four (4) inches high, on each side and 2455 the rear of each vehicle. No advertising is permitted other than the name of Contractor, its logo, and its 2456 registered service marks, except for promotional advertisement of the Recyclable Materials and Organic 2457 Waste programs, which is encouraged. City is to approve any promotional material of the Recyclable 2458 Materials and Organic Waste affixed to or painted on Contractor’s Collection Vehicles and may require such 2459 promotion to be utilized from time to time to encourage correct Recycling, reduce contamination, and provide 2460 relevant education. Contractor must repaint all vehicles (including vehicles striping) during the Term of this 2461 Agreement on a frequency as necessary to maintain a positive public image, as reasonably determined by 2462 the Agreement Administrator, but not less often than once every five years. 2463 18.09 Bin and Roll-off Container Signage, Painting, and Cleaning. All metal Bins of any service 2464 type furnished by Contractor must be either painted or galvanized, in compliance with all applicable color 2465 specifications as set forth by CalRecycle. For purposes of this Agreement, all metal Bins will be in compliance 2466 with all applicable color specifications as set forth by CalRecycle via the color of the Bin’s lid. All metal or 2467 plastic Bins and Roll-off Containers must display Contractor’s name, Contractor’s customer service telephone 2468 number, and the number of the Bin or Roll-off Container and must be kept in a clean and sanitary condition. 2469 Bins must also have labels that comply with Section 20.10 of this Agreement. Bins and Roll-off Containers 2470 should be free of dents and graffiti and newly painted at the start of this Agreement and painted as needed 2471 to maintain an orderly appearance throughout the Term of the Agreement, but not less frequently than once 2472 every three years. Bins and Roll-off Containers may be subject to periodic, unscheduled inspections by City, 2473 and determination as to sanitary condition will be made by City. 2474 18.10 Vehicle Certification. For each Collection Vehicle used in the performance of services 2475 under this Agreement, Contractor must obtain a certificate of compliance (smog check) issued pursuant to 2476 Part 5 of Division 26 of the California Health and Safety Code (Section 43000 and following) and regulations 2477 promulgated thereunder, and/or a safety compliance report issued pursuant to Division 14.8 of the California 2478 Vehicle Code (Section 34500 and following) and the regulations promulgated thereunder, as applicable to 2479 the vehicle. Contractor must maintain copies of such certificates and reports and must make such certificates 2480 and reports available for inspection upon request by the Agreement Administrator. 2481 18.10.1 By July 1, 2025, Contractor must submit to the Agreement Administrator verification 2482 that each of the Contractor’s Collection Vehicles has passed the California Heavy Duty Vehicle Inspection.
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2483 Thereafter, Contractor must cause each vehicle in Contractor’s Collection fleet to be tested annually in the 2484 California Heavy Duty Inspection Program and must, upon request, submit written verification to City within 2485 ten (10) Workdays of the completion of such test. Contractor may not use any vehicle that does not pass 2486 such inspection.
2487 18.11 Equipment Maintenance. Contractor must always maintain Collection equipment in a clean 2488 condition and in good repair. All parts and systems of the Collection equipment must operate properly and be 2489 maintained in a condition satisfactory to City. Contractor must wash all Collection Vehicles at least once a 2490 week.
2491 18.12 Maintenance Log. Contractor must maintain a maintenance log for all Collection Vehicles. 2492 The log must always be accessible to City by physical inspection upon request of Agreement Administrator, 2493 and must show, at a minimum, each vehicle’s Contractor-assigned identification number, date purchased or 2494 initially leased, dates of performance of routine maintenance, dates of performance of any additional 2495 maintenance, and description of additional maintenance performed. 2496 18.13 Equipment Inventory. On or before July 1, 2025, Contractor shall provide to City an 2497 inventory of Collection Vehicles and major equipment used by Contractor for Collection or transportation and 2498 performance of services under this Agreement. The inventory must indicate each Collection Vehicle by 2499 Contractor-assigned identification number, DMV license number, the age of the chassis and body, the type 2500 of fuel used, the type and capacity of each vehicle, the number of vehicles by type, the date of acquisition, 2501 the decibel rating, and the maintenance and rebuild status. Contractor must submit an updated inventory, 2502 either via email or via electronic document sharing site (e.g., Dropbox), to the Agreement Administrator, either 2503 annually or more often, at the request of the Agreement Administrator. Each inventory must also include the 2504 tare weight of each vehicle as determined by weighing at a certified scale used by Contractor. Each vehicle 2505 inventory must be accompanied by a certification signed by Contractor that all Collection Vehicles meet the 2506 requirements of this Agreement.
2507 18.14 Reserve Equipment. Contractor shall have available to it, at all times, reserve Collection 2508 equipment which can be put into service and operation within one (1) hour of any breakdown. Such reserve 2509 equipment must correspond in size and capacity to the equipment used by the Contractor to perform the 2510 contractual duties.
2511 18.15 RNG Fuel Procurement Credits. Contractor agrees to coordinate and cooperate with the 2512 City to meet its Recovered Organic Waste Product procurement target, as defined in, and required by 2513 Applicable Law. In support of that objective, the City will receive any applicable SB 1383 Recovered Organic 2514 Waste Product procurement credits for all RNG used by the Contractor to power Contractor’s Collection 2515 vehicles as allowed by the Applicable Law and within the time provided therein. 2516 Article 19. Contractor’s Office
2517 19.01 Contractor’s Office. Contractor shall maintain an office in the City of Richmond or closer, 2518 California, that is accessible to persons with disabilities as required by the Americans with Disabilities Act 2519 (ADA). Such office must be equipped with enough telephones so that all Collection Service-related calls
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2520 received during normal business hours are answered by an employee within five (5) rings. The office must 2521 have responsible persons in charge during Collection hours and must be open during normal business hours 2522 (8:00 a.m. to 5:00 p.m. on Monday through Friday). Contractor must provide either a local or toll-free 2523 telephone number that connects to the call center described in Section 19.02, and a telephone answering 2524 service or mechanical device to receive Service Recipient inquiries during those times when the office is 2525 closed. Calls received after normal business hours must be addressed the next Workday morning. 2526 19.02 Customer Service Call Center. Contractor must maintain a Customer Service call center 2527 within the United States. Such office must be equipped with enough telephones so that all customer service2528 related calls are answered by an employee within five (5) rings if they are received during normal business 2529 hours (8:00 a.m. to 5:00 p.m. on Monday through Friday). 2530 19.03 Emergency Contact. Contractor must provide the Agreement Administrator with an 2531 emergency phone number where the Contractor can be reached outside of the required office hours. 2532 19.04 Multilingual/Telecommunications Device for the Deaf (TDD) Service. Contractor must 2533 always maintain the capability of responding to telephone calls in English, Spanish, and such other languages 2534 as City may direct. Contractor must always maintain the capability of responding to telephone calls through 2535 TDD Services.
2536 19.05 Service Recipient Calls. During office hours, Contractor must maintain a telephone 2537 answering system capable of accepting at least five (5) incoming calls at one time. Contractor must record all 2538 calls, including any inquiries, service requests, or complaints, into a customer service log. 2539 19.05.1 All incoming calls will be answered at the local office or call center within 5 rings. 2540 Any call “on-hold” more than 1.5 minutes must have the option to remain “on-hold” or request a “call-back” 2541 from a customer service representative. Contractor’s customer service representatives must return Service 2542 Recipient calls. For all messages left before 3:00 p.m., all “call backs” must be attempted a minimum of one 2543 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 2544 attempted a minimum of one time prior to noon the next Workday. Contractor must make minimum of three 2545 (3) attempts within one (1) Workday of the receipt of the call. If Contractor is unable to reach the Service 2546 Recipient on the next Workday, Contractor must send a postcard, email, or text, as indicated by the Service 2547 Recipient, to the Service Recipient on the second Workday after the call was received, indicating that the 2548 Contractor has attempted to return the call.
2549 Article 20. Contractor Support Services
2550 20.01 Sustainability/Compliance Representative. In the event that such a service is no longer 2551 provided by the West Contra Costa Integrated Waste Management Authority, and subject to the terms and 2552 conditions of Section 30.01, Contractor will hire staff, including at least one dedicated full-time 2553 Sustainability/Compliance Representatives to work exclusively within the Authority service area, as of the 2554 Commencement Date, to conduct site visits and provide outreach and education in support of meeting 2555 Franchise and CalRecycle Diversion requirements and to meet State mandates associated with Applicable 2556 Law and all amendments and related subsequent legislation. The Sustainability/Compliance Representatives
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2557 shall be available as needed to meet with the City and conduct site visits to implement Recyclable Materials 2558 and Organic Waste programs in the Service Area at least four days a week throughout the year. City may 2559 request monthly meetings with Contractor to discuss problems or issues such as Collection or Recycling 2560 programs, Billing or Service Recipient service issues, and day-to-day operations. The services described in 2561 this section are not effective until such time as the City and Contractor agree to a City-Directed Change per 2562 Section 30.01.
2563 20.02 Sustainability and Compliance Plan. Contractor, at its own expense, must prepare, submit, 2564 and implement an annual (Calendar Year) Sustainability and Compliance Plan (“Plan”), which will guide 2565 Contractor’s staff’s work efforts. This Plan will include measures to meet Diversion targets, increase 2566 Diversion, and increase participation of Service Recipients in Recyclable Materials and Organic Waste 2567 Diversion programs, and should target certain Recyclable Materials or “problem” areas, including Recyclable 2568 Materials and Organic Waste sorting and contamination, within Contractor’s Service Area where 2569 improvements can be maximized. Planned outreach and education services and outreach materials should 2570 be included as part of the Plan and updated annually, and new outreach materials shall not be circulated to 2571 the public without City review and approval. Targets of outreach shall be based on local trends and Recycling 2572 patterns from data obtained by both the City and Contractor. Contractor will maintain current and state-of2573 the-art public outreach and education services throughout the Term of this Agreement by providing outreach 2574 materials to Service Recipients electronically (via email and social media). Contractor must submit first year 2575 draft Plan to the City prior to the Commencement Date and by July 1st each year thereafter for the Term of 2576 the Agreement. City shall review and provide revisions to draft Plan within thirty (30) days of receipt. City shall 2577 review, provide comments, approve all education, and outreach materials. Contractor must revise and submit 2578 final Plan to City by December 1, 2025, for first year and then each year thereafter for the Term of the 2579 Agreement. Contractor’s Plan is provided in Exhibit 8. 2580 20.02.1 Approach to Meeting City’s Diversion Requirements. Contractor must document 2581 approach to meeting City’s Diversion requirements by specific Diversion program type (SFD, MFD, 2582 Commercial, Recyclable Material, Organic Waste, Bulky Waste, etc.) and must be tied to both specific and 2583 public education programs. This must include an implementation schedule showing the specific programs 2584 and tasks, milestones, and timeframes for meeting the Diversion requirements. 2585 20.02.2 Environmental Stewardship. Contractor must describe all environmental 2586 management policies and activities related to the Solid Waste Collection service, including the use of 2587 Alternative Fuel Vehicles, reduction of air emissions and wear and tear on the City’s streets, use of recycled 2588 products throughout operations, internal waste reduction and reuse protocol, water and resource 2589 conservation activities within facilities (design, construction and operation), compliance with laws governing 2590 E-Waste, HHW, and U-Waste, and use of non-toxic products when possible. 2591 20.02.3 Outreach Regarding Recyclability of Materials. Contractor shall create and maintain 2592 at minimum one (1) piece of educational material that addresses:
2593 (a) The foundational role that commodities markets and transportation costs play in current 2594 Recycling systems.
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2595 (b) The importance of keeping recyclables empty, clean, and dry. 2596 (c) A list of materials that are likely to be recycled if placed in City Recyclable Materials 2597 Containers.
2598 Contractor shall also create and maintain at minimum one (1) piece of educational material that addresses:
2599 (a) The Organic Waste stream standards of the local transfer and processing facilities that 2600 receive City Organic Waste.
2601 (b) The related importance of keeping prohibited materials out of the City’s Organic Waste 2602 stream.
2603 (c) The potential end uses of Compost depending on the material’s quality and levels of 2604 contamination.
2605 20.03 School Education and Outreach. Contractor shall develop and utilize a program to educate 2606 on proper Recycling that offers tools to assist with proper Recycling for all ages. Educational information 2607 should include brochures, school resources such as Recycling curriculums, children’s activity flyers, posters, 2608 myth busters, and Recycling art activities. Contractor shall develop and distribute educational material and 2609 conduct onsite outreach annually to all school campuses in the franchise area. Materials must be approved 2610 by City before distribution. Examples include Recyclable Materials list, Recycling tips, battery and bulb 2611 education, Food Waste Collection, and donation, and HHW education. Educational material shall be 2612 distributed to campuses by mail and/or in person on or before September 30th annually, and site visits must 2613 be completed by November 30th annually.
2614 20.04 Compliance Notices. Contractor shall send SB 1383, AB 341, and AB 1826 compliance 2615 notices quarterly to all eligible Commercial entities and MFDs that do not subscribe to Organic Waste and/or 2616 Recyclable Materials Collection Service with the Contractor and/or do not provide an alternate method for 2617 Diverting Organic Waste, in conformance with Applicable Law. These notices shall also notify businesses of 2618 requirements under AB 827. Contractor shall mail notifications quarterly on or before the last day of the month 2619 following the end of the quarter.
2620 20.05 Technical Assistance.
2621 20.05.1 Site Visits. Contractor shall provide comprehensive Recycling technical assistance 2622 to MFD and Commercial Customers with the primary purpose of helping Customers increase Recyclable 2623 Materials and Organic Waste Collection services and reducing Solid Waste Collection service. The technical 2624 assistance services shall conform with the following performance expectations per month:
Task Minimum Number of related
actions taken
Phone Calls 20
In-Person Site Visits (i.e., Customer contact) 40
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2625 Site visits shall include on-site assessments of the MFD and Commercial Premises to improve Recyclable 2626 Materials and Organic Waste Collection program participation and provide recommendations to Customers 2627 on how to improve overall resource efficiency. During the site visits, Contractor will be required to provide 2628 and/or restock posters, “how to” guides, personal Recyclable Materials baskets/bags for MFD tenants, and 2629 any other appropriate materials, and to provide new signage for the Recyclable Materials and Organic 2630 Waste Containers if necessary. This program shall also involve preparation and presentation of reports to 2631 the City on the Contractor’s efforts and results of the technical assistance efforts. 2632 20.05.2 Compliance Reviews.
2633 20.05.2.1 General Requirement. At least once annually, beginning in 2026, 2634 Contractor shall review the records of its Commercial and MFD Customers in City that are subscribed for 2635 at least two (2) cubic yards per week of combined Solid Waste, Organic Materials, and Recyclables service, 2636 to determine whether such Customers are subscribed for Organic Materials Collection service or have an 2637 applicable waiver. Contractor shall include the results of each Compliance Review in its next regularly 2638 scheduled report to City.
2639 20.05.2.2 Site Visit Requirement for Non-Compliance. Contractor shall 2640 conduct a site visit to each Commercial and MFD Customer in City that is determined to (a) not be enrolled 2641 in 3-Container Collection service, and (b) not be eligible for a waiver based on the City determination. 2642 Contractor shall conduct in-person site visits (i.e., direct Customer contact) to provide educational material 2643 about the law’s requirements to Commercial and MFD Customers at least once every 3 years. 2644 20.05.2.3 Site Visit Requirement for All Customers. All Commercial and 2645 MFD Customers in the City shall receive a site visit from Contractor to affirm proper sorting procedures and 2646 sizing of Containers at least once every 5 years.
2647 20.06 Education and Outreach Materials. Contractor must implement public education and 2648 outreach in conformance with Applicable Law and in coordination with City. Contractor shall attend public 2649 events and host booths to promote Recycling education and awareness. Contractor will work with City to 2650 identify which special events will be attended. Contractor, together with City, shall work with local media to 2651 ensure information on new programs, events, Recyclable Materials, Organic Waste, etc., is communicated to 2652 the community. Contractor shall use a variety of options, such as local paper, news, websites, and social 2653 media, as well as in-person visits to Homeowners Associations, schools, and civic groups to distribute 2654 information and education about City Solid Waste and Recyclable Materials programs and events. In terms 2655 of social media and websites, Contractor shall make their best effort to share information through platforms 2656 that are commonly used and culturally relevant, including platforms that are known to reach younger 2657 populations and Spanish-speaking populations. Examples may include Instagram, WhatsApp, NextDoor, and 2658 TikTok, though that list is expected to become outdated within a year or two. All educational and outreach 2659 materials shall be provided in English and Spanish, and City may direct some or all materials to also be 2660 produced in other languages to be determined.
2661 20.06.1 Quarterly Newsletters. In the event that newsletters are no longer distributed to 2662 Service Recipients by West Contra Costa Integrated Waste Management Authority, Contractor shall
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2663 distribute educational material to Service Recipients a minimum of once a Quarter by mail or electronically. 2664 These materials should include tips on Recycling properly, use of Organic Waste Containers, Composting, 2665 battery and electronics education, prevention of contamination issues, proper Collection Container 2666 placement, resource information, and HHW education. Contractor shall also distribute these same 2667 educational materials to all MFD residents, provided that City provides Contractor with a list of contact 2668 information for these residents.
2669 20.06.2 Available Services Notice and Information. At least annually, Contractor must 2670 publish and distribute (by mail or electronically) a notice to all Service Units regarding the full range of 2671 services offered. The notice must be provided in English and Spanish and must be distributed by Contractor 2672 no later than February 1st of each year. The notice must contain at a minimum (i) definitions of the materials 2673 to be Collected; (ii) procedures for setting out materials; (iii) the days when Garbage, Recyclable Materials, 2674 and Organic Waste Services will be provided; (iv) Contractor’s local customer service phone number; (v) 2675 instructions on the proper filling of Containers; (vi) instructions as to what materials may or may not be placed 2676 in Recyclable Materials or Organic Waste Containers; (vii) how to select Container sizes to maximize 2677 Diversion; (viii) information about participation in Recyclable Materials and Organic Waste programs; (ix) the 2678 fees for Overage and Contamination in the event of non-compliance; (x) the availability of on-premises 2679 Collection Services, including the availability of no-charge on-premises Solid Waste Collection for qualified 2680 persons; (xi) the availability of Bulky Waste Services; (xii) the availability of the Golden Bear Transfer Station 2681 drop-off voucher program; (xiii) information about Neighborhood Clean-Up days, including any specific 2682 upcoming dates and locations; and (xiv) the information about Free Bulky Waste Drop-off days, including 2683 any specific upcoming dates and locations.
2684 20.06.3 Contractor shall provide the following to all its Customers under the Agreement 2685 annually. Contractor shall also provide the following to all MFD residents, provided that City provides 2686 Contractor with a list of contact information for these residents. 2687 (i) Information on the Customer’s requirements to properly separate materials in 2688 appropriate Containers.
2689 (ii) Information on methods for: the prevention of Organic Materials generation, Recycling 2690 Organic Materials on-site, sending Organic Materials to community Composting, and 2691 any other local requirements regarding Organic Materials. 2692 (iii) Information regarding the methane reduction benefits of reducing the landfill Disposal 2693 of Organic Materials, and the methods of Organic Materials recovery contemplated by 2694 the Agreement.
2695 (iv) Information regarding how to recover Organic Materials. 2696 (v) Information related to the public health and safety and environmental impacts 2697 associated with the landfill Disposal of Organic Materials.
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2698 (vi) The above information will be provided, at a minimum, through print and/or electronic 2699 media, and may also be provided through workshops, meetings, and/or on-site visits. 2700 All information that SB 1383 requires the City to distribute shall be posted on 2701 Contractor’s website.
2702 (vii) Contractor shall provide an educational webpage which includes downloadable copies 2703 of all the materials described in this Section.
2704 20.06.4 City-Specific Website. Contractor shall maintain a City-specific website or linked 2705 webpage that fully explains the Contractor’s current services and rates and the Diversion options available, 2706 and that allows Service Recipients to submit service changes, inquiries, complaints, or queries. The website 2707 must describe and promote the use of the available Recyclable Materials and Organic Waste services. 2708 Contractor’s local website must provide information specific to the City’s programs. Contractor will ensure 2709 that information provided on the website is maintained and up to date. Content will include proper Container 2710 set out instructions, educational materials, newsletters, and program descriptions. Website content shall be 2711 in English with translations into Spanish, and/or other languages to be determined. 2712 20.06.5 Recycling Resources. Contractor shall maintain accurate list of Recyclable 2713 Materials on its website and promote proper Recycling to all Service Recipients. Contractor shall consult, 2714 collaborate, and coordinate its Recycling outreach and educational materials and activities with the City and 2715 incorporate the City’s input on the Contractor’s Recycling resources and programs. 2716 20.07 Waiver Outreach, Applications, and Evaluation. 2717 20.07.1 Waiver Outreach. Contractor shall notify all of its commercial accounts of the 2718 availability of waivers and how to obtain and file a waiver periodically, or at least every five (5) years. 2719 20.07.2 Waiver Applications and Evaluation. In the event that such a service is no longer 2720 provided by the West Contra Costa Integrated Waste Management Authority, and subject to the terms and 2721 conditions of Section 30.01, Contractor shall be responsible for the distribution, collection, and evaluation of 2722 waiver applications as appropriate, and shall provide the City a recommendation to accept or deny waiver 2723 requests in accordance with SB 1383. Contractor shall develop waiver application forms and shall provide 2724 them to City for City approval prior to use. Contractor shall evaluate requests for exemption or waiver from 2725 the Act’s requirements on the basis of physical space or de minimis generation and provide the City periodic 2726 recommendations and supporting documentation to deny or approve waivers, including a site visit and re2727 evaluation at least every five years as required by the SB 1383 Regulations. 2728 20.08 News Media Relations. Contractor will work with local media to ensure information is 2729 communicated to community (new programs, events, Recycling information, etc.). Contractor to use options 2730 such as local Newspaper, Radio/TV News outlets, Websites, and Social Media. Contractor will notify the 2731 Agreement Administrator by email or phone of all requests for news media interviews related to the services 2732 covered under this Franchise Agreement within one (1) Workday of Contractor’s receipt of the request. When 2733 practicable, before responding to any inquiries involving controversial issues or any issues likely to affect
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2734 participation or Customer’s perception of services, Contractor will discuss Contractor’s proposed response 2735 with the City Agreement Administrator.
2736 20.09 News Media Requests. Contractor will notify the Agreement Administrator by email or 2737 phone of all requests for news media interviews regarding the services provided under this Agreement within 2738 one (1) Workday of Contractor’s receipt of the request. When practicable, before responding to any inquiries 2739 involving controversial issues or any issues likely to affect participation or Service Recipient’s perception of 2740 services, Contractor will discuss Contractor’s proposed response with the Agreement Administrator. 2741 20.09.1 Copies of draft news releases or proposed trade journal articles that use the name 2742 of City or specifically refer to the services provided hereunder must be submitted to the Agreement 2743 Administrator for prior review and approval at least five (5) working days in advance of release, except where 2744 Contractor is required by any Applicable Law to submit materials to any regulatory agency in a shorter period 2745 of time, in which case Contractor must submit such materials to City simultaneously with Contractor’s 2746 submittal to such regulatory agency.
2747 20.09.2 Copies of articles resulting from media interviews or news releases that use the 2748 name of City or relate to the services provided hereunder must be provided to the City within five (5) days 2749 after publication.
2750 20.10 Acceptable Materials Labeling. Contractor must affix to each Recyclable Materials and 2751 Organic Waste Collection Container a sticker that is compliant with SB 1383 labeling requirements and 2752 approved by the City. Each sticker shall clearly list Acceptable materials to be placed in the corresponding 2753 Container, and each sticker shall also include a QR code that links to the Recycling education landing page 2754 within the Contractor’s City-specific website for the City. Stickers must be replaced annually and include any 2755 updates in the list of Acceptable materials (Exhibit 10). 2756 20.11 Edible Food Recovery Support. In the event that such a service is no longer provided by 2757 the West Contra Costa Integrated Waste Management Authority, and subject to the terms and conditions of 2758 Section 30.01, Contractor shall annually provide City with a list of Tier One and Tier Two Commercial Edible 2759 Food Generators located in the City. Upon request from Contractor, City shall use reasonable efforts without 2760 incurring significant additional costs to cooperate and consider methods for collecting information from 2761 Customers and sharing such information with Contractor in an effort to assist Contractor with identifying the 2762 Tier One and Tier Two commercial Edible Food generators within the City. The services described in this 2763 section are not effective until such time as the City and Contractor agree to a City-Directed Change per 2764 Section 30.01.
2765 20.12 Programs and Services. Contractor must provide additional educational and outreach 2766 services and programs as requested by City at a price to be mutually agreed upon between the Contractor 2767 and the Agreement Administrator. In the event Contractor and the Agreement Administrator cannot reach a 2768 mutually agreed upon price for the requested service or program, City has the right to procure the service of 2769 other vendors or contractors to provide the requested service.
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2770 20.13 Operations Plans. Contractor must adhere to the Customer Service Plan included as 2771 Exhibit 5 and Collection Service Operations Plan included as Exhibit 6, the two of which present the specific 2772 Collection programs that will be implemented in the City. 2773 20.14 Route Audits/Route Reviews.
2774 20.14.1 General Requirement. At least once annually, beginning in 2025, Contractor or its 2775 approved designee shall conduct a Route Review for each Hauler Route. The number of Containers to 2776 review per Hauler Route shall be calculated on the basis of the number of Garbage accounts provided 2777 service by a specific Hauler Route for one week. For example, “Route A” collects Garbage from 250 2778 accounts, 4 days per week, for a total of 1,000 accounts per week; include a minimum of 25 accounts for 2779 Route Review of “Route A”. For each Route Review of a Hauler Route, Contractor shall inspect at least the 2780 following minimum number of Containers but may inspect more if Contractor deems necessary; and shall 2781 inspect all Containers placed for Collection (including Recyclable Materials Containers, Organic Waste 2782 Containers, and Garbage Containers). Each inspection shall involve lifting the Container lid and observing 2783 the contents but shall not require Contractor to disturb the contents or open any bags. Contractor may select 2784 the Containers to be inspected at random, or (if mutually agreed with City) by any other method not prohibited 2785 under the SB 1383 Regulations. For the avoidance of doubt, Contractor shall not be required to annually 2786 inspect every Container on a Hauler Route. Contractor shall include the results of each Route Review in its 2787 next regularly scheduled report to City.
2788
Route Size (# garbage accounts /
week)
Minimum Number of Accounts
Fewer than 1,500 25
1,500-3,999 30
4,000-6,999 35
7,000 or more 40
2789 20.14.2 Notice of Contamination. Contamination noticing will follow the procedures 2790 described in Section 5.07.
2791 Article 21. Emergency Service
2792 21.01 Revised Services During an Emergency. In the event of a major storm, earthquake, fire, 2793 flood, tornado, other natural or man-made disaster, or other such emergency event (collectively “Emergency 2794 Event), Contractor will continue to provide Solid Waste Collection to the maximum extent practicable, and in 2795 accordance with FEMA’s Public Assistance Debris Management Guide (FEMA-325). The Agreement 2796 Administrator may grant the Contractor a variance from regular routes and schedules, which will not be 2797 withheld unreasonably. As soon as practicable after such Emergency Event, Contractor must advise the 2798 Agreement Administrator when it is anticipated that normal routes and schedules can be resumed. The 2799 Agreement Administrator will try through the local news media to inform the public when regular services may 2800 be resumed. The clean-up from some Emergency Events may require that Contractor hire additional 2801 equipment, employ additional personnel, or work existing personnel on overtime hours to clean debris
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2802 resulting from the event. If Contractor secures written authorization and approval from City through the 2803 Agreement Administrator, Contractor will receive additional compensation above the normal compensation 2804 contained in this Agreement to cover the costs of rental equipment, additional personnel, overtime hours, and 2805 other documented expenses based on the rates set forth in Exhibit 1. City will be given equal priority and 2806 access to resources as with other franchise jurisdictions held by Contractor or its affiliates. 2807 21.02 Emergency Event Planning. Within sixty (60) days from a request by City, Contractor shall 2808 prepare a draft Emergency Event plan that sets forth procedures for maintaining regular Collection service 2809 and Collection of debris following an Emergency Event and provide a framework for how the City will respond, 2810 clear, remove, and dispose of debris generated during a disaster. The Emergency Event plan shall address 2811 arrangements to provide needed vehicles and personnel, priorities for clean-up at critical facilities, and 2812 procedures for reimbursement for costs; it shall also describe communication plans, list key contact persons, 2813 and provide maps showing proposed sites for stockpiling of disaster debris that cannot be transported to the 2814 landfill. Contractor shall coordinate the plan with City’s Public Works Department. The draft plan shall be 2815 presented to the City Manager for consideration and approval. The final plan shall be distributed to those 2816 employees of Contractor and City who would have a role in implementing upon the occurrence of an 2817 Emergency Event.
2818 21.03 Emergency Event Recovery Support. In the event of an Emergency Event, Contractor 2819 agrees to provide recovery support upon request by Agreement Administrator. This may include additional 2820 hauling of debris, special handling such as wrapping waste in plastic (i.e., “burrito wrapping”), temporary 2821 storage of debris where feasible, additional disposal, use of different transfer and disposal facilities, and 2822 documentation of debris type, weight, and Diversion. Contractor should follow protocol laid out in the County’s 2823 Operational Area Mass Debris Management Plan (Annex to the Operational Area Emergency Response Plan) 2824 and any subsequent County or City Disaster Debris Plans, as applied to Solid Waste hauling and handling. 2825 Article 22. Record Keeping and Reporting Requirements 2826 22.01 Record Keeping. Notwithstanding Article 47 herein:
2827 22.01.1 Accounting Records. Contractor must maintain full, complete, and separate 2828 financial, statistical, and accounting records pertaining to cash, billing, and provisions of all Collection 2829 Services, prepared on an accrual basis in accordance with generally accepted accounting principles. Such 2830 records will be subject to audit, copy, and inspection for the purposes set forth in Section 17.01. Gross 2831 Revenues derived from provision of the Collection Services, whether such services are performed by 2832 Contractor or by a subcontractor or subcontractors, will be recorded as revenues in the accounts of 2833 Contractor. The Contractor shall keep and preserve, during the Term of this Agreement, and for a period of 2834 not less than four (4) years following expiration or other termination hereof, full, complete, and accurate 2835 records, including all cash, billing, and disposal records, as indicated in the Agreement. 2836 22.01.1.1 City reserves the right to request audited, reviewed, or compiled 2837 financial statements prepared by an independent Certified Public Accountant, including any associated 2838 footnotes, or as may be provided by Contractor or its parent company. In the event that Contractor does 2839 not maintain separate financial, or accounting records prepared specifically for services provided under this
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2840 Agreement, Contractor may use industry standard allocation methods to provide financial information as 2841 applicable to the service provided under this Agreement. Failure of Contractor to provide requested financial 2842 statements to City within fifteen (15) Workdays of a request may result in assessment of Administrative 2843 Charges and Penalties as specified in Exhibit 4
2844 22.01.2 Agreement Materials Records. Contractor must maintain records of the quantities 2845 of (i) Residential, MFD, and Commercial Solid Waste Collected and Disposed under the terms of this 2846 Agreement, (ii) Recyclable Materials, by type, Collected, purchased, processed, sold, donated, or given for 2847 no compensation under the terms of this Agreement, and (iii) Organic Waste by type, Collected, purchased, 2848 processed, sold, donated, or given for no compensation under the terms of this Agreement. Records must 2849 be provided to City as specified in Article 20, and upon additional request. 2850 22.01.3 Other Records. Contractor must maintain all other records reasonably related to 2851 provision of Collection Services, whether or not specified in this Agreement, and provide them upon City 2852 request. Failure of Contractor to submit requested records to City within fifteen (15) Workdays of a request 2853 may result in assessment of Administrative Charges and Penalties as specified in Exhibit 4. 2854 22.01.4 Failure to Report. The refusal of Contractor to file any of the reports required in the 2855 timelines required, or the inclusion of any materially false or misleading statement or representation made 2856 knowingly by Contractor in such report, shall be deemed a material breach of this Agreement and shall 2857 subject Contractor to all remedies, legal or equitable, which are available to City under this Agreement or 2858 otherwise.
2859 22.01.5 Report Format. All reports to be submitted in a form and format approved by the 2860 City, including electronic data submission.
2861 22.02 Online Waste Reporting System. Contractor shall, at no additional cost to the City, procure 2862 software to use as an Online Waste Reporting System, an online/digital data system that is specifically 2863 designed for recording and documenting activity and data related to Collection Services, including outreach, 2864 customer service, site visits, service levels, weights and volumes by waste stream, field issues for compliance, 2865 and reporting.
2866 22.03 Vehicle GPS and Camera Data. Upon City’s request, Contractor shall make available 2867 stored vehicle GPS and on-board camera data for City’s review. 2868 22.04 Quarterly Reporting.
2869 22.04.1 General. Quarterly reports must be submitted no later than 5 p.m. Pacific Time (PT) 2870 on the last day of the month following the end of Quarter in which the receipts are Collected and must be 2871 provided electronically using software acceptable to the City. If the last day of the month falls on a day that 2872 City is closed or on a Holiday, then the report will be due on the next Business Day. Failure to submit 2873 complete quarterly reporting by the due date may result in assessment of Administrative Charges and 2874 Penalties as specified in Exhibit 4.
2875 22.04.2 City Reports. Quarterly reports to City must include:
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2876 22.04.2.1 Franchised Tonnage and Service Data. Contractor must provide 2877 a full-service list, with the following indicated for each Customer: number of contracted Collections for that 2878 Quarter (Collections that were scheduled to take place), and number of actual Collections completed during 2879 that Quarter (Collections that took place, not including non-collections or missed Collections). Contractor 2880 must also report the number of unique SFD and MFD accounts serviced; the number of unique Commercial 2881 and City accounts serviced; tonnage of Garbage, Recyclable Materials, and Organic Waste Collected and 2882 processed for Diversion, broken down by Container type. Quantities should be broken down by SFD, MFD, 2883 Commercial, and City Services.
2884 22.04.2.2 Overweight Vehicle Reporting. The quarterly report must include 2885 a summary total of all instances of overweight Collection Vehicles. This summary must include the number 2886 of overweight vehicle instances expressed as a percentage of the total number of Collection Vehicle loads 2887 transported during the reported Quarter.
2888 22.04.2.3 Non-Collection. The quarterly report must include a list of all Non2889 Collection occurrences that took place during that Quarter. It must include the full list of Service Units that 2890 experienced Non-Collection, indicate the date of and reason for each Non-Collection incident, and indicate 2891 whether a Non-Collection Notice was issued, and in what format it was issued. 2892 22.04.2.4 On-hold. The quarterly report must include each Service Unit that 2893 was not billed in the previous Quarter.
2894 22.04.2.5 Collection Overage Charges. The quarterly report must include 2895 each Service Unit incurring a charge for a Solid Waste Overage in the previous Quarter. 2896 22.04.2.6 Contamination Reporting. To the extent required by Applicable 2897 Law, the quarterly report must include a summary of all instances of qualifying contamination under the 2898 procedures in Section 5.08. This summary must include the total number of accounts where contamination 2899 occurred, the total number of Contamination Violation Notices issued by Contractor to Service Recipients, 2900 a list of accounts where such notices occurred, the total number of instances where Collection Container 2901 size or Collection frequency was increased specifically due to contamination, a list of accounts that were 2902 charged contamination fees, and a list of accounts for which the Collection Container size or Collection 2903 frequency was increased specifically due to contamination. Within twenty (20) Workdays of request by City, 2904 Contractor will provide copies of the Contamination Violation Notices and the digital documentation of 2905 contamination.
2906 22.04.2.7 Service Recipient Complaint Log. The quarterly report must 2907 include the Service Recipient complaint log Collected from the previous Quarter. 2908 22.04.2.8 Reports to City on Customers discovered to be out of compliance 2909 with the SB 1383 Regulations, including a list of the Customers, the type of violation (including not donating 2910 Edible Food, not providing Containers for Customer use, and other compliance violations), actions taken to 2911 educate those Customers, and contact information for those Customers. Such reports shall be provided 2912 quarterly or as required by City.
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2913 22.04.2.9 List of Programs Utilized. The quarterly report must include a list 2914 of all the waste Diversion and reduction programs, as well as other Solid Waste Collections programs, 2915 utilized by City residents, with the number of residents per program indicated when known. This report 2916 should also include the number of Kitchen Food Waste Pails distributed to residents within the Quarter. 2917 22.04.2.10 Abandoned Waste Reporting. The quarterly report must include a 2918 list of the times Contractor provided Abandoned Waste Removal Service to the City, including the dates, 2919 the locations of each service, and the amount of material Collected during each incident. 2920 22.05 Annual Reporting.
2921 22.05.1 General. An annual report must be submitted no later than 5 p.m. PT on January 2922 31, 2026, and each January 31st thereafter for the previous Calendar Year. If January 31st falls on a day that 2923 City is closed, then the report will be due on the next Business Day. Annual reports must be submitted 2924 electronically in software acceptable to the City. Failure to submit complete annual reporting by the due date 2925 may result in assessment of Administrative Charges and Penalties as specified in Exhibit 4. Annual reports 2926 to City must include:
2927 22.05.1.1 Financial Statements. Contractor must submit annual financial 2928 statements for the local operation. Statements need not be reviewed or audited statements. 2929 22.05.1.2 Annual Sustainability and Compliance Report. Contractor must 2930 complete and submit data sections within their Sustainability and Compliance Plan to document education 2931 and outreach conducted, public event participation, school visits, compliance notices mailed, site visits, 2932 waste audits completed, information distributed, and media used, and community events hosted. This must 2933 include public education activities undertaken during the year, including distribution of bill inserts, Collection 2934 notification tags, community information and events, tours, and other activities related to the provision of 2935 Collection Services, and must discuss the impact of these activities on Recycling program participation and 2936 include amounts Collected from SFD, MFD, Commercial, and City Service Units. The report should include 2937 a complete list of all non-exempt commercial accounts, which includes each non-exempt account’s status 2938 as a “covered generator” under AB 341, AB 1826, and SB 1383; the date and status of Contractor’s 2939 outreach efforts at each non-exempt account; and the current level of Recyclable Materials and Organic 2940 Waste program participation at each non-exempt account. 2941 22.05.1.3 Solid Waste Data. The number of SFD, MFD, Commercial, and 2942 City Service Units, and the number of Collection Containers distributed by size and Service Unit type. 2943 22.05.1.4 Waste Characterization Data. A breakdown of Solid Waste 2944 (Garbage, Recyclable Materials, and Organic Waste) by material type as per CalRecycle material 2945 classifications.
2946 22.05.1.5 Recyclable Materials Data. Gross tons Collected daily on average 2947 by material type by route for SFD, MFD, Commercial, and City Recyclable Materials service, with map of 2948 routes. The average participation rates by Quarter relative to the total number of Service Units by Service
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2949 Unit type Indicate number of Recyclable Materials Collection Containers distributed by size and Service 2950 Unit type.
2951 22.05.1.6 Organic Waste Data. Include average daily gross tons Collected 2952 by route, separated by Green Waste and Food Waste, with map of routes. Include the total number of 2953 generators that receive each type of Organic Waste Collection Service provided by the Contractor. Indicate 2954 average daily number of setouts by route. Indicate average participation rates relative to the total number 2955 of Service Units in terms of weekly set-out counts. Indicate number of Organic Waste Collection Containers 2956 distributed by size and Service Unit type.
2957 22.05.1.7 Customer Service Log. A copy of the customer service log, 2958 including a summary of the type and number of complaints and their resolution. Include copies of a written 2959 record of all calls related to missed pickups and responses to such calls. 2960 22.05.1.8 Customer Service Information Sheet. A copy of Contractor’s most 2961 recent Customer Service Information Sheet (i.e., customer call center “cheat sheet”) for the City or the 2962 equivalent information used by customer service representatives. 2963 22.05.1.9 Overweight Vehicle Data. A summary of all instances of 2964 overweight Collection Vehicles. This summary must also include the number of overweight vehicle 2965 instances as a percentage of the total number of Collection Vehicle loads transported during the Calendar 2966 Year.
2967 22.05.1.10 Summary Narrative. A summary narrative of problems 2968 encountered with Collection activities and actions taken. Indicate type and number of Non-Collection 2969 Notices left at Service Recipient locations. Indicate instances of property damage or injury, significant 2970 changes in operation, market factors, publicity conducted, and needs for publicity. Include description of 2971 processed material loads rejected for sale, reason for rejection, and Disposition of load after rejection. 2972 22.05.1.11 Collection Container and Vehicle Inventory. An updated complete 2973 inventory of Collection Containers by type and size, and an updated complete inventory of Collection 2974 Vehicles, including for each vehicle: truck number, route number, date purchased, vehicle type, tare weight, 2975 license plate number, fuel type, vehicle make and model, and vehicle safety records. 2976 22.05.1.12 Diversion Rate. Contractor must provide documentation 2977 acceptable to City stating and supporting the Calendar Year’s Franchise Diversion Rate, as calculated in 2978 accordance with the provisions of Article 8. Any tonnages Diverted and Disposed from large venues and 2979 events during the reporting period will be counted towards the calculated Diversion rate. 2980 22.05.1.13 AB 341, AB 1826, and SB 1383 Compliance Data. Contractor 2981 must report the total number of Commercial and MFD Service Units serviced, as well as the number of 2982 Containers, Container sizes, and frequency of Collection for Garbage, Recyclable Materials, and Organic 2983 Waste for each non-exempt Commercial and MFD Service Unit. Contractor must also provide the following 2984 information separately for both AB 341 and AB 1826:
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2985 22.05.1.14 The total number of non-exempt Commercial and MFD Service 2986 Units that fall under the AB 341 or AB 1826 thresholds, and the total number of those non-exempt 2987 Commercial and MFD Service Units that are not subscribed to Commercial or MFD Recyclable Materials 2988 Collection Service or Commercial or MFD Organic Waste Collection Service. 2989 22.05.1.15 A summary of the type of follow-up outreach that was provided to 2990 those non-exempt Commercial and MFD Service Units that are not subscribed to Commercial or MFD 2991 Recyclable Materials Collection Service or Commercial or MFD Organic Waste Collection Service. 2992 22.05.1.16 Contractor shall provide proof of training records for Service 2993 Recipient personnel, emergency procedures, Customer Service Courtesy, and how to recognize Illicit 2994 Discharges and stormwater pollution sources.
2995 22.05.1.17 A list of all recommended waivers for that calendar year, including 2996 copies of the waiver request form and other supporting documentation (may be provided electronically or 2997 over a web page), in accordance with Section 20.07. 2998 22.05.1.18 A list of the Tier One and Tier Two generators, in accordance with 2999 Section 20.11. (List may be secured from West Contra Costa Integrated Waste Management Authority if 3000 Contractor is not responsible for regularly maintaining the list.) The services described in this section are 3001 not effective until such time as the City and Contractor agree to a City-Directed Change per Section 30.01. 3002 22.05.1.19 For Route Reviews and Compliance Reviews:
3003 (i) The date the review was conducted.
3004 (ii) The name and title of each person conducting the review. 3005 (iii) A list of the account names and addresses covered by the review. 3006 (iv) For Route Reviews, a description of each Hauler Route reviewed, and a 3007 general description of the Hauler Route area.
3008 (v) For Route Reviews, the results of such review (i.e., the addresses where any 3009 Prohibited Container Contaminants were found) and any photographs taken. 3010 (vi) For Compliance Reviews, the results of such review (i.e., Contractor’s findings 3011 as to whether the Customers reviewed are subscribed for Organic Waste 3012 Collection service, have an applicable waiver, or neither) and any relevant 3013 evidence supporting such findings (e.g., account records). 3014 (vii) Copies of any educational materials issued pursuant to such reviews. 3015 22.05.1.20 Documentation relating to observed Prohibited Container 3016 Contaminants:
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3017 (i) Copies of the form of each notice issued to Customers for Prohibited Container 3018 Contaminants, as well as, for each such form, a list of the Customers to which 3019 such notice was issued, the date of issuance, the Customer’s name and 3020 service address, and the reason for issuance (if the form is used for multiple 3021 reasons).
3022 (ii) The number of times notices were issued to Customers for Prohibited 3023 Container Contaminants.
3024 (iii) The number of Containers where the contents were Disposed due to 3025 observation of Prohibited Container Contaminants.
3026 22.06 Diversion Calculation and Data. By 5:00 p.m. PT on February 14 and annually thereafter 3027 during the Term of this Agreement, Contractor must deliver to City, in the format specified by City, the 3028 Calendar Year’s Franchised Diversion Rate, as calculated in accordance with the provisions of Article 8. Any 3029 tonnages Diverted and Disposed from large venues and events during the reporting period will be counted 3030 towards the calculated Diversion rate.
3031 22.07 CalRecycle Reports. Contractor will provide reasonable assistance to City in preparing 3032 annual reports to CalRecycle (the “Electronic Annual Report” or EAR), including but not limited to supplying 3033 required data for preparation of the reports, and completing all required data input. 3034 22.07.1 Contractor shall maintain, in form and format satisfactory to the City, the Online 3035 Waste Reporting System, an Implementation Record meeting the requirements of the SB 1383 Regulations 3036 and CalRecycle. Contractor shall be responsible for requesting information from the City for City-related 3037 activities, such as procurement and outreach and education, for maintenance of the Implementation Record 3038 22.07.2 In the event that CalRecycle requires City to report an Implementation Schedule 3039 and/or Corrective Action Plan to comply with AB 341, AB 1826, SB 1383, SB 1594, and/or other Applicable 3040 Laws, Contractor will provide assistance to City in preparing a report, including Contractor’s policies and 3041 procedures related to compliance with AB 341, AB 1826, SB 1383, and/or other Applicable Laws and how 3042 Recyclable Materials or Organic Waste are Collected; a description of the geographic area, routes, list of 3043 addresses served, and a method for tracking contamination; copies of route audits, copies of notice of 3044 contamination; copies of notices, violations, education, and enforcement actions issued; and copies of 3045 educational materials, flyers, brochures, newsletters, website, and social media. 3046 22.08 Additional Reporting. Contractor must furnish City with any additional reports as may 3047 reasonably be required, and such reports are to be prepared within a reasonable time following the reporting 3048 period.
3049 Article 23. Nondiscrimination
3050 23.01 Nondiscrimination. In the performance of all work and services under this Agreement, 3051 Contractor may not discriminate against any person based on such person’s race, sex, gender, gender
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3052 identity, color, national origin, religion, marital status, or sexual orientation. Contractor must comply with all 3053 applicable local, State, and Federal laws and regulations regarding nondiscrimination, including those 3054 prohibiting discrimination in employment.
3055 Article 24. Service Inquiries and Complaints
3056 24.01 Contractor’s Customer Service. All service inquiries and complaints will be directed to 3057 Contractor. A representative of Contractor must be available to receive the complaints during normal business 3058 hours. Customer Service training shall include Service Recipient courtesy, shall prohibit the use of loud or 3059 profane language, and shall instruct Collection crews to perform the work quietly. Contractor shall use its best 3060 efforts to ensure that all employees present a neat appearance and conduct themselves in a courteous 3061 manner. All service complaints will be handled by Contractor in a prompt and efficient manner. All cases must 3062 be addressed and resolved within three (3) Workdays. In the case of a dispute between Contractor and a 3063 Service Recipient, the matter will be reviewed, and a decision made, by the Agreement Administrator. 3064 24.01.1 Contractor will utilize the Customer Service Log to maintain a record of all inquiries 3065 and complaints in a manner prescribed by City.
3066 24.01.2 For those complaints related to missed Collections, where Containers are properly 3067 set out in a timely manner, that are received by 12:00 p.m. (noon) on a Workday, Contractor will return to 3068 the Service Unit address and Collect the missed materials before leaving the Service Area for the day. For 3069 those complaints related to missed Collections that are received after 12:00 p.m. (noon) on a Workday, 3070 Contractor will have until the end of the following Workday to resolve the complaint. For those complaints 3071 related to repair or replacement of Collection Containers, the appropriate Sections of this Agreement will 3072 apply.
3073 24.01.3 Contractor agrees that it is in the best interest of City that all Garbage, Recyclable 3074 Materials, and Organic Waste be Collected on the scheduled Collection day. Accordingly, missed Collections 3075 will normally be Collected as set forth above regardless of the reason that the Collection was missed. 3076 However, in the event a Service Recipient requests missed Collection service more than two (2) times in 3077 any consecutive two (2) month period, the Agreement Administrator will work with Contractor to determine 3078 an appropriate resolution to that situation. In the event Contractor believes any complaint to be without merit, 3079 Contractor will notify the Agreement Administrator by email. The Agreement Administrator will investigate all 3080 disputed complaints and render a decision.
3081 24.01.4 Contractor’s service and emergency telephone numbers must be accessible by a 3082 local (City) phone number or toll-free number. The service telephone number(s) must be listed in the area’s 3083 telephone directories under Contractor’s name in the White Pages, available through an online search, and 3084 listed on the Contractor’s website.
3085 24.02 Contractor shall record and catalog all Customer email addresses alongside Customer 3086 names and mailing addresses, such that Contractor can more easily and quickly send out updates and 3087 announcements as needed. Contractor shall cooperate with City to send out via email any service-related 3088 updates and announcements City may deem necessary.
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3089 Article 25. Quality of Performance of Contractor
3090 25.01 Intent. Contractor acknowledges and agrees that one of City’s primary goals in entering 3091 into this Agreement is to ensure that the Solid Waste Collection is of the highest caliber, that Service Recipient 3092 satisfaction remains at the highest level, that maximum Diversion levels are achieved, and that materials 3093 Collected are put to the highest and best use to the maximum extent possible. 3094 25.02 Administrative Charges and Penalties. Quality of performance by the Contractor is of 3095 primary importance. In acknowledgement of this, and subject to the provision of Section 25.02 and Exhibit 4, 3096 Contractor agrees to pay City Administrative Charges and Penalties as detailed in Exhibit 4 should Contractor 3097 fail to meet its responsibilities under this Agreement. Should Contractor be in breach of the requirements set 3098 forth in this Agreement, it is mutually understood and agreed that the public will necessarily suffer damages 3099 and that such damages, from the nature of the default in performance, will be extremely difficult and 3100 impractical to fix. City finds, and the Contractor agrees, that as of the time of the execution of this Agreement, 3101 it is impractical, if not impossible, to reasonably ascertain the extent of damages which will be incurred by 3102 City as a result of a breach by Contractor of its obligations under this Agreement. The factors relating to the 3103 impracticability of ascertaining damages include, but are not limited to, the fact that: (i) substantial damage 3104 results to members of the public who are denied services or denied quality or reliable service; (ii) such 3105 breaches cause inconvenience, anxiety, frustration, and deprivation of the benefits of this Agreement to 3106 individual members of the general public for whose benefit this Agreement exists, in subjective ways and in 3107 varying degrees of intensity which are incapable of measurement in precise monetary terms; (iii) services 3108 might be available at substantially lower costs than alternative services, and the monetary loss resulting from 3109 denial of services or denial of quality or reliable services is impossible to calculate in precise monetary terms; 3110 and (iv) the termination of this Agreement for such breaches, and other remedies are, at best, a means of 3111 future correction and not remedies which make the public whole for past breaches. 3112 25.03 Contractor’s Right to Cure. Administrative Charges and Penalties will only be assessed 3113 after Contractor has been given the opportunity but failed to rectify, in a timely manner, the breach or 3114 deficiency in performance as described in this Agreement. Furthermore, prior to assessing Administrative 3115 Charges and Penalties, City shall give Contractor notice of its intention to do so in accordance with Section 3116 25.04 below. The notice shall include a brief description of the incident(s)/non-performance. Contractor may 3117 review (and make copies at its own expense) all information in the possession of the City relating to the 3118 incident(s)/non-performance. Contractor may, within ten (10) days after receiving the notice, request a 3119 meeting with City. Contractor may present evidence in writing and through testimony of its employees and 3120 others relevant to the incident(s)/non-performance. City shall provide Contractor with a written explanation of 3121 the City’s determination on each incident(s)/non-performance prior to authorizing the assessment of 3122 Administrative Charges and Penalties.
3123 25.04 Procedure for Review of Administrative Charges. The Agreement Administrator may 3124 assess Administrative Charges and Penalties as specified in Exhibit 4 pursuant to this Agreement quarterly. 3125 At the end of each Quarter during the Term of this Agreement, the Agreement Administrator will issue a 3126 written notice to Contractor (“Notice of Assessment”) of the Administrative Charges and Penalties assessed 3127 and the basis for each assessment.
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3128 25.04.1 The assessment will become final unless, within ten (10) calendar days of the date 3129 of the notice of assessment, Contractor provides a written request for a meeting with the City Manager to 3130 present evidence that the assessment should not be made. 3131 25.04.2 The Agreement Administrator will schedule a meeting between Contractor and the 3132 City Manager as soon as reasonably possible after timely receipt of Contractor’s request. 3133 25.04.3 The City Manager will review Contractor’s evidence and render a decision 3134 sustaining or reversing the Administrative Charges and Penalties as soon as reasonably possible after the 3135 meeting. Written notice of the decision will be provided to Contractor. 3136 25.04.4 In the event Contractor does not submit a written request for a meeting within ten 3137 (10) calendar days of the date of the Notice of Assessment, the Agreement Administrator’s determination 3138 will be final.
3139 25.04.5 City’s assessment or collection of Administrative Charges and Penalties will not 3140 prevent City from exercising any other right or remedy, including the right to terminate this Agreement, for 3141 Contractor’s failure to perform the work and services in the manner set forth in this Agreement. 3142 25.05 Uncontrollable Circumstances.
3143 25.05.1 If either party is prevented from or delayed in performing its duties under this 3144 Agreement by circumstances beyond its control, whether or not foreseeable, including, without limitation, 3145 acts of terrorism, landslides, lightning, forest fires, storms, floods, severe weather, freezing, earthquakes, 3146 other natural or man-made disasters, the threat of such natural or man-made disasters, pandemics (or threat 3147 of same), quarantines, civil disturbances, acts of the public enemy, wars, blockades, public riots, strikes 3148 (except strikes by Contractor’s employees), lockouts or other labor disturbances, acts of government or 3149 governmental restraint, or other causes, whether of the kind enumerated or otherwise, that are not 3150 reasonably within the control of the affected party, then the affected party will be excused from performance 3151 hereunder during the period of such disability.
3152 25.05.2 The party claiming excuse from performance must promptly notify the other party 3153 when it learns of the existence of such cause, including the facts constituting such cause, and when such 3154 cause has terminated.
3155 25.05.3 The interruption or discontinuance of services by a party caused by circumstances 3156 outside of its control will not constitute a default under this Agreement. 3157 Article 26. Performance Bond
3158 26.01 Performance Bond. Within ten (10) Business Days from the date the City Council approves 3159 this Agreement, Contractor must furnish to City, and keep current, a performance bond, or irrevocable letter 3160 of credit (hereinafter collectively “Performance Bond”), issued or drawn upon a surety, bank, or financial 3161 institution reasonably acceptable to City and in a form acceptable to the City Attorney, for the faithful 3162 performance of this Agreement and all obligations arising hereunder in an amount as follows:
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3163 26.01.1 From July 1, 2025, and so long as this Agreement or any extension thereof remains 3164 in force, Contractor must maintain a performance bond in the amount of one million dollars ($1,000,000). 3165 26.01.1.1 The performance bond must be executed by a surety company 3166 licensed to do business in the State of California; having an “A-" or better rating by A. M. Best or Standard 3167 and Poor’s; and included on the list of surety companies approved by the Treasurer of the United States. 3168 26.01.1.2 In the event City draws on the bond, all of City’s costs of collection 3169 and enforcement of the Bond, including reasonable attorney’s fees and costs, must be paid by Contractor. 3170 26.01.1.3 The Performance Bond must be renewed annually for the entire 3171 Term of the Agreement, and evidence must be provided to City annually, up to the penal sum of the bond. 3172 26.01.1.4 In the event Contractor shall for any reason (except as otherwise 3173 provided in this Agreement) become unable, or fail in any way, to perform as required by this Agreement, 3174 City may declare a portion or all of the Performance Bond, as may be necessary to recompense and make 3175 whole the City, forfeited to the City, up to the penal sum of the bond. 3176 Article 27. Insurance
3177 27.01 Before beginning any services under this Agreement, Contractor, at its own cost and 3178 expense, shall procure the types and amounts of insurance specified herein and maintain that insurance 3179 throughout the term of this Agreement. The cost of such insurance shall be included in the Contractor’s bid 3180 or proposal. Contractor shall be fully responsible for the acts and omissions of its subcontractors or other 3181 agents.
3182 27.01.1 Workers’ Compensation. Contractor shall, at its sole cost and expense, maintain 3183 Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons 3184 employed directly or indirectly by Contractor in the amount required by applicable law. The requirement to 3185 maintain Statutory Workers’ Compensation and Employer’s Liability Insurance may be waived by the City 3186 upon written verification that Contractor is a sole proprietor and does not have any employees and will not 3187 have any employees during the term of this Agreement. 3188 27.01.2 Commercial General Liability and Automobile Liability Insurance. 3189 27.01.2.1 General requirements. Contractor, at its own cost and expense, 3190 shall maintain commercial general liability and automobile liability insurance for the term of this Agreement 3191 in an amount not less than $5,000,000 per occurrence and $10,000,000 aggregate, combined single limit 3192 coverage for risks associated with the work contemplated by this Agreement. 3193 27.01.2.2 Minimum scope of coverage. Commercial general liability 3194 coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence 3195 form CG 0001 0413 covering comprehensive General Liability on an “occurrence” basis. Automobile 3196 coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 1120 3197 covering any auto (Symbol 1). No endorsement shall be attached limiting the coverage.
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3198 27.01.2.3 Additional requirements. Each of the following shall be included in 3199 the insurance coverage or added as a blanket-form endorsement to the policy, if applicable:
3200 27.01.2.4 The Commercial General Liability and Automobile Liability 3201 Insurance shall cover on an occurrence basis.
3202 27.01.2.5 City, its officers, officials, employees, agents, and volunteers shall 3203 be included as additional insureds for commercial general liability and automobile liability arising out of work 3204 or operations on behalf of the Contractor, via blanket-form endorsement. Additional Insured Coverage can 3205 be provided in the form of an endorsement to the Contractor’s Commercial General Liability Insurance at 3206 least as broad as Blanket-Form Additional Insured Endorsements CG 20 10 04 13 and CG 20 37 04 13. 3207 27.01.2.6 For any claims related to this Agreement or the work hereunder, 3208 the Contractor’s insurance covered shall be primary insurance, via blanket-form endorsement as respects 3209 the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance 3210 maintained by the City, its officers, officials, employees, agents or volunteers shall be excess of the 3211 Contractor’s insurance and non-contributing.
3212 27.01.2.7 The policy shall include a “separation of Insureds” or “severability” 3213 clause which treats each insured separately.
3214 27.01.2.8 Contractor agrees to give at least 30 days prior written notice to 3215 City before coverage is canceled or materially modified. 3216 27.01.3 All Policies Requirements.
3217 27.01.3.1 Submittal Requirements. Contractor shall submit the following to 3218 City prior to beginning services:
3219 27.01.3.2 An ACORD 25 Certificate of Liability Insurance in the amounts 3220 specified in this Agreement, supplemented with the Blanket-Form Additional Insured Endorsements for the 3221 Commercial General Liability and Automobile Liability policies. 3222 27.01.3.3 Acceptability of Insurers. All insurance required by this Agreement 3223 is to be placed with insurers with a Bests' rating of no less than A:VII. 3224 27.01.3.4 Waiver of Subrogation. Contractor hereby agrees to waive 3225 subrogation which any insurer or contractor may require from Contractor by virtue of the payment of any 3226 loss. The ACCORD 25 Certificate of Insurance will be supplemented with the blanket-form waiver of 3227 subrogation endorsements that may be necessary to effect this waiver of subrogation, but this provision 3228 applies regardless of whether or not the City has received a Certificate of Insurance supplemented with the 3229 waiver of subrogation blanket-form endorsements from the insurer(s)’ authorized representative.
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3230 The Workers’ Compensation policy shall be endorsed with a waiver of subrogation, via blanket-form 3231 endorsement, in favor of the City for all work performed by the Contractor, its employees, agents, and 3232 subcontractors
3233 27.01.3.5 Subcontractors. Contractor shall include all subcontractors as 3234 additional insureds under its policies or shall furnish separate certificates and applicable endorsements for 3235 each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated 3236 herein, and Contractor shall ensure that City, its officers, officials, employees, agents, and volunteers are 3237 covered as additional insured on all coverages, except Workers’ Compensation/Employer’s Liability. 3238 27.01.3.6 Excess Insurance. If Contractor maintains higher insurance limits 3239 than the minimums specified herein, City shall be entitled to coverage for the higher limits maintained by 3240 the Contractor.
3241 27.01.3.7 Primary Coverage. For any claims related to this contract, the 3242 Vendor’s insurance coverage shall be primary and non-contributory, via blanket-form endorsement. 3243 27.01.4 Remedies. In addition to any other remedies City may have if Contractor fails to 3244 provide evidence of the required insurance policies via an ACCORD 25 Certificate of Insurance 3245 supplemented with the applicable blanket-form endorsements to the extent and within the time herein 3246 required, City may, at its sole option: 1) obtain such insurance and deduct and retain the amount of the 3247 premiums for such insurance from any sums due under the Agreement; 2) order Contractor to stop work 3248 under this Agreement and withhold any payment that becomes due to Contractor hereunder until Contractor 3249 demonstrates compliance with the requirements hereof; and/or 3) terminate this Agreement. 3250 Article 28. Hold Harmless and Indemnification
3251 28.01 General Indemnification. To the fullest extent permitted by law, Contractor shall defend 3252 (with counsel approved by the City), indemnify and hold City, its officials, officers, employees, volunteers and 3253 agents (collectively, “City Indemnitees”) free and harmless from any and all claims, demands, causes of 3254 action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including 3255 wrongful death, in any manner arising out of or incident to any alleged negligent acts, omissions or willful 3256 misconduct of Contractor, its officials, officers, employees, agents, subcontractors and subcontractors arising 3257 out of or in connection with the performance of the Services, the Project or this Agreement, including without 3258 limitation the payment of all consequential damages, attorneys’ fees and other related costs and expenses. 3259 Contractor shall defend, at Contractor's own cost, expense and risk, any and all such aforesaid suits, actions 3260 or other legal proceedings of every kind that may be brought or instituted against City, its directors, officials, 3261 officers, employees, agents or volunteers. Contractor shall pay and satisfy any judgment, award or decree 3262 that may be rendered against City or its directors, officials, officers, employees, agents or volunteers, in any 3263 such suit, action or other legal proceeding. Contractor shall reimburse City and its directors, officials, officers, 3264 employees, agents and/or volunteers, for any and all legal expenses and costs, including reasonable 3265 attorneys’ fees, incurred by each of them in connection therewith or in enforcing the indemnity herein 3266 provided. Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any, received 3267 by City or its directors, officials, officers, employees, agents or volunteers. Notwithstanding the foregoing, to
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3268 the extent Contractor's Services are subject to Civil Code Section 2782.8, the above indemnity shall be 3269 limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to 3270 the negligence, recklessness, or willful misconduct of the Contractor. This Section will survive the expiration 3271 or termination of this Agreement for claims arising prior to the expiration or termination of this Agreement. 3272 28.02 Defense and Indemnity for Contractor’s Liabilities and Damages. Contractor shall 3273 indemnify, defend with counsel approved by the City, and hold City Indemnitees harmless from and against 3274 any and all of Contractor’s liabilities, including but not limited to all claims, demands, lawsuits, judgments, 3275 damages, losses, injuries, expenses, and/or costs (including without limitation reasonable legal counsel fees, 3276 expert fees, and all other costs and fees of litigation) of every nature arising out of, brought, or claimed against 3277 Contractor by, or otherwise owed by Contractor to, Contractor’s employees, Contractor’s contractors or 3278 subcontractors, or the owners of Contractor’s firm. 3279 28.03 Defense and Indemnity of Third-Party Claims/Liability. Contractor shall indemnify, defend 3280 with legal counsel approved by City, and hold harmless City Indemnitees from and against any and all 3281 liabilities, including but not limited to all claims, demands, lawsuits, judgments, damages, losses, injuries, 3282 expenses, and/or costs (including without limitation reasonable legal counsel fees, expert fees, and all other 3283 costs and fees of litigation) of every nature arising out of or in connection with Contractor’s negligent 3284 performance of work hereunder or its failure to comply with any of its obligations contained in the Agreement, 3285 except to the extent such loss or damage is caused by the active negligence or willful misconduct of City. 3286 Should conflict of interest principles preclude a single legal counsel from representing both City and 3287 Contractor, or should City otherwise find Contractor’s legal counsel unacceptable, then Contractor shall 3288 reimburse City its costs of defense, including without limitation reasonable legal counsel fees, expert fees, 3289 and all other costs and fees of litigation. The Contractor shall, after the exhaustion of all appeals and entry of 3290 a final judgment, promptly pay City any final judgment rendered against City (and its officers, officials, 3291 employees, and volunteers) with respect to any liabilities or claims covered by this Section. It is expressly 3292 understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted 3293 by the law of the State of California and will survive termination of this Agreement. 3294 28.03.1 Contractor shall not be required to indemnify and hold harmless City for liability 3295 attributable to the active negligence or willful misconduct of City, provided such active negligence or willful 3296 misconduct is determined by agreement between the parties or by findings of a court of competent 3297 jurisdiction. In instances where City is shown to have been actively negligent and where City’s active 3298 negligence accounts for only a percentage of the liability involved, the obligation of the Contractor will be for 3299 that entire portion or percentage of liability not attributable to the active negligence of City based on principles 3300 of comparative fault.
3301 28.04 Nonwaiver. City does not waive, nor shall be deemed to have waived, any indemnity, 3302 defense or hold harmless rights under this Section because of the acceptance by City, or the deposit with 3303 City, of any insurance certificates or policies described in Article 27. 3304 28.05 Diversion Indemnification. Subject to the requirements of Public Resources Code Section 3305 40059.1, which will control in the event of any conflict with the provisions of this Section, Contractor agrees 3306 to protect and defend City Indemnitees with counsel selected by Contractor and approved by City, to pay all
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3307 attorneys’ fees, and to indemnify, defend, and hold City Indemnitees harmless from and against all fines or 3308 penalties imposed by CalRecycle if the Diversion goals specified in California Public Resources Code Section 3309 41780, as it may be amended, are not met by City with respect to the Materials Collected by Contractor and 3310 if the lack in meeting such goals is attributable to the failure of Contractor to implement and operate the 3311 Recycling or Diversion programs or undertake the related activities required by this Agreement as determined 3312 by CalRecycle. In the event CalRecycle provides an administrative process to challenge the imposition of a 3313 compliance order or a fine or fines, Contractor and City will each be responsible for engaging any consultants 3314 or attorneys necessary to represent City in any challenge or administrative hearing process. Contractor will 3315 be responsible for the retention of and payment to any consultants engaged to perform waste generation 3316 studies (Diversion and Disposal). All consultants and attorneys engaged hereunder are subject to the 3317 agreement of City and Contractor. This Section will survive the expiration or termination of this Agreement for 3318 claims arising prior to the expiration or termination of this Agreement. 3319 28.06 Hazardous Substances Indemnification. Contractor agrees to indemnify, defend (with 3320 counsel reasonably approved by City), protect, and hold harmless the City Indemnitees from and against any 3321 and all claims of any kind whatsoever paid, suffered, or incurred by or against the City Indemnitees resulting 3322 from any repair, clean-up, removal action, or response action undertaken pursuant to CERCLA, the Health & 3323 Safety Code, or other similar Federal, State, or local law or regulation, with respect to Solid Waste or 3324 Household Hazardous Waste Collected and Disposed of by Contractor. The foregoing indemnity is intended 3325 to operate as an agreement pursuant to Section 10(e) of CERCLA and Section 25364 of the Health & Safety 3326 Code to defend, protect, hold harmless, and indemnify the City Indemnitees from all forms of liability under 3327 CERCLA, the Health & Safety Code, or other similar Federal, State, or local law or regulation. This Section 3328 will survive the expiration or termination of this Agreement for claims arising prior to the expiration or 3329 termination of this Agreement.
3330 28.07 Proposition 218 Release. City intends to comply with all Applicable Law concerning the 3331 Maximum Service Rates provided under this Agreement. Upon thorough analysis, the parties have made a 3332 good faith determination that the Maximum Service Rates for the Solid Waste Collection provided under this 3333 Agreement are not subject to California Constitution Articles XIIIC and XIIID because, among other reasons, 3334 such services are provided by a private corporation and not by City, Contractor independently establishes the 3335 rates for services within the limits established in this Agreement, the receipt of services is voluntary and not 3336 required of any property within City, and any owner or Service Recipient of property within City has the 3337 opportunity to avoid the services available under this Agreement either through Self-Hauling or use of property 3338 in such a manner that Solid Waste is not generated. Accordingly, in the event that a third party challenges 3339 the Maximum Service Rates as being in violation of Article XIIIC or XIIID of the California Constitution, or 3340 otherwise asserts that the Maximum Service Rates are an invalid tax, assessment, or fee, then Contractor 3341 agrees, agrees, subject to the provisions of the Public Resources Code section 40059.2 and if allowed by 3342 law, to waive, release, and hold harmless the City Indemnitees from and against any and all claims Contractor 3343 may have against the City Indemnitees resulting therefrom, and to indemnify and defend City indemnitees, 3344 with legal counsel reasonably acceptable to City, from any third-party claim, suit, or other action, whether 3345 administrative, legal, or equitable, challenging the Maximum Service Rates authorized under this Agreement 3346 or as being in violation of Article XIIIC or XIIID of the California Constitution, or otherwise asserting that the 3347 Maximum Service Rate are an invalid tax, assessment, or fee. The foregoing notwithstanding, Contractor
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3348 shall have no obligation to pay or refund monies paid to the City as and for franchise fees or other 3349 administrative fees established by this Agreement if such franchise fees or other administrative fees are 3350 determined by a Court to be invalid, in violation of State or Federal law, or an unauthorized tax or government 3351 fee. This Section will survive the expiration or termination of this Agreement for claims arising prior to the 3352 expiration or termination of this Agreement.
3353 28.08 Employment & Labor Practices. Contractor shall indemnify, defend, and hold harmless City 3354 Indemnitees, from any and all liability, damages, claims, costs, and expenses of any nature to the extent 3355 arising from Contractor's personnel and labor practices, including failure to pay and comply with State or 3356 Federal prevailing wage laws should such be applicable to Contractor’s personnel or labor practices or to one 3357 or more of the services it provides pursuant to the Agreement. All duties of Contractor under this paragraph 3358 shall survive termination of this Agreement.
3359 28.09 Consideration. It is specifically understood and agreed that the consideration inuring to 3360 Contractor for the execution of this Agreement consists of the promises, payments, covenants, rights, and 3361 responsibilities contained in this Agreement.
3362 28.10 Obligation. This Agreement obligates Contractor to comply with the foregoing 3363 indemnification and release provisions; however, the collateral obligation of providing insurance must also be 3364 complied with as set forth in this Agreement. The provision of insurance and the coverage limits therein shall 3365 not in any way be a limitation on Contractor’s indemnification and defense obligations. 3366 28.11 Subcontractors. Contractor must require all subcontractors performing work in the City to 3367 enter into a contract containing the provisions set forth in Article 28, in which contract the subcontractor fully 3368 indemnifies City in accordance with this Agreement. 3369 28.12 Exception. Notwithstanding other provisions of this Agreement, Contractor’s obligation to 3370 indemnify, hold harmless, and defend City, its officers, and its employees will not extend to any loss, liability, 3371 penalty, damage, action, or suit arising or resulting solely from acts constituting active negligence, willful 3372 misconduct, or violation of law on the part of City, its officers, or its employees. 3373 28.13 Damage by Contractor. If Contractor’s employees or subcontractors cause any injury, 3374 damage, or loss to City property, including but not limited to City streets or curbs, excluding normal wear and 3375 tear, Contractor must reimburse City for City’s cost of repairing or replacing such injury, damage, or loss. 3376 Such reimbursement is not in derogation of any right of City to be indemnified by Contractor for any such 3377 injury, damage, or loss. With the prior written approval of City, Contractor may repair the damage at 3378 Contractor’s sole cost and expense. Any injury, damage, or loss to private property caused by the negligent 3379 or willful acts or omissions of Contractor to private property must be repaired or replaced by Contractor at 3380 Contractor’s sole expense. Disputes between Contractor and its Service Recipients or private property 3381 owners as to damage to private property are civil matters, and complaints of damage will be referred to 3382 Contractor as a matter within its sole responsibility and as a matter within the scope of this Article.
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3383 Article 29. Default of Agreement
3384 29.01 Termination. City may cancel this Agreement, except as otherwise provided below in this 3385 Section, by giving Contractor thirty (30) calendar days advance written notice, to be served as provided in 3386 this Agreement, upon the happening of any one of the following events:
3387 29.01.1 Contractor takes the benefit of any present or future insolvency statute; makes a 3388 general assignment for the benefit of creditors; files a voluntary petition in bankruptcy (court); files a petition 3389 or answer seeking an arrangement for its reorganization or the readjustment of its indebtedness under the 3390 Federal bankruptcy laws or under any other law or statute of the United States or any State thereof; or 3391 consents to the appointment of a receiver, trustee or liquidator of all or substantially all of its property; or 3392 29.01.2 By order or decree of a court, Contractor is adjudged bankrupt or an order is made 3393 approving a petition filed by any of its creditors or by any of the stockholders of Contractor, seeking its 3394 reorganization or the readjustment of its indebtedness under the Federal bankruptcy laws or under any law 3395 or statute of the United States or of any State thereof, provided that if any such judgment or order is stayed 3396 or vacated within sixty (60) calendar days after the entry thereof, any notice of default will be and become 3397 null, void, and of no effect, unless such stayed judgment or order is reinstated, in which case such default 3398 will be deemed immediate; or
3399 29.01.3 By, pursuant to, or under the authority of any legislative act, resolution, or rule or 3400 any order or decree of any court or governmental board, agency, or officer having jurisdiction, a receiver, 3401 trustee, or liquidator takes possession or control of all or substantially all of the property of Contractor, and 3402 such possession or control continues in effect for a period of sixty (60) calendar days; or 3403 29.01.4 Contractor has defaulted, by failing or refusing to pay in a timely manner the 3404 Administrative Charges and Penalties or other monies due City under this Agreement, and such default is 3405 not cured within thirty (30) calendar days of receipt of written notice by City to do so, unless Contractor has 3406 filed for judicial or administrative relief from such Administrative Charges or Penalties; or 3407 29.01.5 Contractor has defaulted by allowing any final judgment in an action to which 3408 Contractor is a party for the payment of money owed to City to stand against it unsatisfied and such default 3409 is not cured within thirty (30) calendar days of receipt of written notice by City to do so; or 3410 29.01.6 In the event that the monies due City is the subject of a judicial proceeding, 3411 Contractor will not be in default if the sum of money is bonded. All bonds must be in the form acceptable to 3412 the City Attorney; or
3413 29.01.7 Contractor has defaulted, by failing or refusing to perform or observe any of the 3414 terms, conditions, or covenants in this Agreement, including, but not limited to, the maintenance of a 3415 performance bond in accordance with Article 26, or any of the rules and regulations promulgated by City 3416 pursuant thereto, or has wrongfully failed or refused to comply with the instructions of the Agreement 3417 Administrator relative thereto, and such default is not cured within thirty (30) calendar days of receipt of 3418 written notice by City to do so, or if by reason of the nature of such default, the same cannot be remedied
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3419 within thirty (30) calendar days following receipt by Contractor of written demand from City to do so, 3420 Contractor fails to commence the remedy of such default within such thirty (30) calendar days following such 3421 written notice or having so commenced fails thereafter to continue with diligence the curing thereof (with 3422 Contractor having the burden of proof to demonstrate (a) that the default cannot be cured within thirty (30) 3423 calendar days, and (b) that it is proceeding with diligence to cure such default, and such default will be cured 3424 within a reasonable period of time).
3425 29.02 Effective Date. In the event of any of the events specified above, and except as otherwise 3426 provided in such subsections, or as provided in the event of any judicial order binding upon City, termination 3427 will be effective upon the date specified in City's written notice to Contractor, and upon such date this 3428 Agreement will be deemed immediately terminated and upon such termination, except for payment of services 3429 rendered up to and including the date of termination, all liability of City under this Agreement to Contractor 3430 will cease, and City will have the right to call the performance bond and will be free to negotiate with other 3431 contractors for the operation of interim and long-term Collection Services. Contractor must reimburse City for 3432 all direct and indirect costs of providing any interim Solid Waste Collection as a result of Contractor’s default 3433 in this Agreement.
3434 29.03 Termination Cumulative. City’s right to terminate this Agreement is cumulative to any other 3435 rights and remedies provided by law or by this Agreement. 3436 29.04 Alternative Service. Should Contractor, for any reason, except the occurrence or existence 3437 of any of the events or conditions set forth in Section 25.05 (Uncontrollable Circumstances), refuse or be 3438 unable for a period of more than forty-eight (48) hours to Collect a material portion or all of the Solid Waste 3439 which it is obligated under this Agreement to Collect, and as a result, Solid Waste should accumulate in City 3440 to such an extent, in such a manner, or for such a time that the City Manager, in the reasonable exercise of 3441 the City Manager's discretion, should find that such accumulation endangers or menaces the public health, 3442 safety, or welfare, then City will have the right to Agreement with another Solid Waste enterprise to Collect 3443 any or all Solid Waste which Contractor is obligated to Collect pursuant to this Contract. City must provide 3444 twenty-four (24) hours prior written notice to Contractor during the period of such event, before contracting 3445 with another Solid Waste enterprise to Collect any or all Solid Waste that Contractor would otherwise Collect 3446 pursuant to this Agreement for the duration of period during which Contractor is unable to provide such 3447 services. In such event, Contractor must undertake commercially reasonable efforts to identify sources from 3448 which such substitute Solid Waste services are immediately available and must reimburse City for all of its 3449 expenses for such substitute services during period in which Contractor is unable to provide Solid Waste 3450 Collection required by this Agreement.
3451 29.05 Survival of Certain Contractor Obligations. Notwithstanding the termination of this 3452 Agreement by Contractor or City, Contractor’s obligation to indemnify, defend, and hold City and City 3453 Indemnitees harmless as provided in this Agreement shall survive any termination of this Agreement. 3454 Notwithstanding the termination of this Agreement by Contractor or City, such act shall not automatically 3455 invalidate or cancel any insurance policy, letter of credit, performance bond, or similar instruments provided 3456 by Contractor under this Agreement, and such policies, letters of credit, performance bonds, and other 3457 instruments shall remain in full force and effect for one (1) full year after termination.
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3458 Article 30. Modifications to the Agreement
3459 30.01 City-Directed Change. City has the power to make changes in this Agreement to impose 3460 new rules and regulations on Contractor under this Agreement relative to the scope and methods of providing 3461 Collection Services, as may from time-to-time be necessary and desirable for the public welfare. The size of 3462 Collection Containers specified herein for Bundled Service are designed to meet the requirements of 3463 Applicable Law, inclusive of the State’s Recycling mandates, including AB 341, AB 1826, and SB 1383, and 3464 to be appropriate for the capabilities and capacities of available Materials Recovery Facilities and Organic 3465 Waste Processing Facilities at the start of this Agreement. City will give the Contractor notice of any proposed 3466 change, and the parties agree to meet and confer in good faith concerning those matters, and City agrees to 3467 adjust Maximum Service Rates to reasonably reflect additional costs borne by Contractor. When such 3468 modifications are made to this Agreement, City and Contractor will negotiate in good faith a reasonable and 3469 appropriate compensation adjustment for any increase or decrease in the services or other obligations 3470 required of Contractor due to any modification in the Agreement under this Article. City and Contractor will 3471 not unreasonably withhold agreement to such compensation adjustment. Should agreement between City 3472 and Contractor on compensation adjustment not be reached within six (6) months of the change request, or 3473 other period as agreed upon by both parties, City and Contractor agree to submit the compensation 3474 adjustment to binding arbitration.
3475 Post-Collection Agreement. The City is currently a party to the West Contra Costa County Integrated Waste 3476 Management Authority Post-Collection Agreement, which is governed by the West Contra Costa County 3477 Integrated Waste Management Authority. The Post-Collection Agreement, in part, dictates the facilities to be 3478 used by Contractor. If the terms of the Post-Collection Agreement change such that the approved facilities 3479 change, the City agrees to meet and confer with Contractor and shall solicit an alternative bid from Contractor 3480 for the same services provided under the Post-Collection Agreement. 3481 30.02 Adjustments Due to Change in Law. In addition to and separate from the adjustments set 3482 forth in Section 6.03, Contractor will be entitled to an adjustment of the Maximum Service Rates as a result 3483 of a Change in Law.
3484 30.02.1 Change in Law Affecting Contractor’s Agreement Obligations. For a Change in Law 3485 that affects Contractor’s performance of services required pursuant to this Agreement, Contractor will be 3486 entitled to an equitable adjustment of the Service Rates as a result of the Change in Law. Upon Contractor 3487 providing written notice to City that a Change in Law has affected Contractor’s performance of services, City 3488 and Contractor will meet and confer to determine the impacts of the Change in Law on Contractor’s 3489 performance of services and costs associated with performance of the services, to determine the amount of 3490 adjustment to be made to Maximum Service Rates.
3491 Article 31. Legal Representation
3492 31.01 Acknowledgement. It is acknowledged that each party was, or had the opportunity to be, 3493 represented by counsel in the preparation of, and contributed equally to the terms and conditions of, this 3494 Agreement, and, accordingly, the rule that a contract will be interpreted strictly against the party preparing 3495 the same will not apply, due to the joint contributions of both parties.
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3496 Article 32. Conflict of Interest
3497 32.01 Financial Interest. Contractor is unaware of any City employee or official that has a financial 3498 interest in Contractor’s business. During the Term of this Agreement and/or as a result of being awarded this 3499 Agreement, Contractor shall not offer, encourage, or accept any financial interest in Contractor’s business by 3500 any City employee or official.
3501 Article 33. Contractor's Personnel
3502 33.01 Personnel Requirements. Contractor shall assign only qualified personnel to perform all 3503 services required under this Agreement and shall be responsible for ensuring its employees comply with this 3504 Agreement and all Applicable Laws related to their employment and position. Contractor's employees, 3505 officers, agents, and subcontractors shall not identify themselves or in any way represent themselves as 3506 being employees or officials of City. City may request the transfer of any employee of Contractor who 3507 materially violates any provision of this Agreement, or who is wanton, negligent, or discourteous in the 3508 performance of their duties under this Agreement.
3509 33.02 Agreement Manager. Contractor shall designate a qualified employee to serve as its 3510 Agreement Manager and must provide the name of that person in writing to City within thirty (30) days prior 3511 to the Commencement Date of this Agreement, and annually by January 1st of each subsequent Calendar 3512 Year of this Agreement, and any other time the person in that position changes. The Agreement Manager 3513 must be available to the City through the use of telecommunications equipment at all times that Contractor is 3514 providing Solid Waste Collection in the Service Area. The Contract Manager must provide City with an 3515 emergency phone number where the Contract Manager can be reached outside of normal business hours. 3516 33.03 Service Supervisor. Contractor shall assign a qualified employee to serve as its Service 3517 Supervisor, to be in charge of the Collection Service within the Service Area and must provide the name of 3518 that person in writing to the Agreement Administrator on or before the Commencement Date, and thereafter 3519 annually before January 1st of each subsequent Calendar Year of the Term, and any other time Contractor 3520 changes the employee serving in that position changes. The Service Supervisor must be physically located 3521 in the Service Area and available to the Agreement Administrator through the use of telecommunication 3522 equipment at all times that Contractor is providing Solid Waste Collection. In the event the Service Supervisor 3523 is unavailable due to illness or vacation, Contractor must designate a substitute acceptable to the City who 3524 shall be available and shall have the authority to act in the same capacity as the Service Supervisor. 3525 33.04 Key Operations Staff. Contractor shall identify a full-time Key Operations Staff, consisting 3526 at a minimum of: one (1) Operations Manager; one (1) Route Supervisor; one (1) Lead Mechanical 3527 Supervisor; and one (1) Service Recipient Service Supervisor 100% dedicated to the City. Each Key 3528 Operations Staff will provide the following to City Staff: email address, phone number, cell phone number, 3529 and office address.
3530 33.05 Sustainability/Compliance Staff. In accordance with Section 20.01, Contractor shall provide 3531 full-time Sustainability/Compliance Staff, whose primary duties are dedicated to the City.
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3532 33.06 Field Personnel. Contractor’s field operations personnel are required to wear a clean 3533 uniform shirt bearing Contractor’s name. Contractor’s employees who normally come into direct contact with 3534 the public, including drivers, must bear some means of individual photographic identification, such as a name 3535 tag or identification card. Each driver of a Collection vehicle must at all times carry a valid California driver's 3536 license and all other required licenses for the type of vehicle that is being operated. 3537 33.07 Labor Certifications. Contractor certifies: (i) it is aware of the provisions of Section 3700 of 3538 the California Labor Code that require every employer to be insured against liability for Workers' 3539 Compensation or to undertake self-insurance in accordance with the provisions of that Code; (ii) in the 3540 performance of the Services, Contractor shall not, in any manner, employ any person or contract with any 3541 person such that any part of this Agreement is performed by such a person as would be subject to the workers' 3542 compensation laws of the State of California unless and until Contractor gives City a certificate of consent to 3543 self-insure or a certificate of Workers' Compensation Insurance Coverage; and (iii) in the event Contractor 3544 hires any subcontractor who has employees to perform any part thereof, then Contractor shall either require 3545 the subcontractor to obtain Workers' Compensation Insurance Coverage, or must obtain Workers' 3546 Compensation Insurance Coverage for the subcontractor's employees. Before commencing performance 3547 under this Agreement, Contractor shall provide to the City evidence of any Workers' Compensation Insurance 3548 Coverage required by or for this Agreement, and all such coverage shall be endorsed with a waiver of 3549 subrogation in favor of City for all work performed by Contractor, its employees, its agents, and its 3550 subcontractors.
3551 33.08 Subcontractors. Contractor shall not subcontract any portion of this Agreement without the 3552 prior written approval of the City Manager. Contractor is fully responsible to City for the performance of any 3553 and all subcontractors, if any, and shall require any subcontractors to maintain all applicable Federal, State, 3554 and local licenses required for the work they are assigned to perform. Contractor shall require any 3555 subcontractors performing work in the City to enter into a written contract that requires such subcontractors 3556 to agree they are independent contractors and have no other agency relationship with City. 3557 Article 34. Exempt Waste
3558 34.01 Contractor is not required to Collect or Dispose of Exempt Waste but may offer such 3559 services. All such Collection and Disposal of Exempt Waste is not regulated under this Agreement, but if 3560 provided by Contractor must be in strict compliance with all Applicable Laws. 3561 Article 35. Independent Contractor
3562 35.01 In the performance of services pursuant to this Agreement, Contractor is an independent 3563 contractor and not an officer, agent, servant, or employee of City. Contractor will have exclusive control of 3564 the details of the services and work performed, and overall persons performing such services and work. 3565 Contractor is solely responsible for the acts and omissions of its officers, agents, employees, contractors, and 3566 subcontractors, if any. Neither Contractor nor its officers, employees, agents, contractors, or subcontractors 3567 will obtain any right to retirement benefits, Workers Compensation benefits, or any other benefits which 3568 accrued to City employees, and Contractor expressly waives any claim to such benefits.
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3569 35.02 Subcontractors. Contractor will require all subcontractors performing work in the City to 3570 enter into a contract containing the provisions set forth in the preceding subsection, in which contract the 3571 subcontractor agrees that Contractor and subcontractor are independent contractors and have no other 3572 agency relationship with City.
3573 Article 36. Laws to Govern
3574 36.01 The laws of the State of California govern the rights, obligations, duties, and liabilities of 3575 City and Contractor under this Agreement, and governs the interpretation of this Agreement. 3576 Article 37. Consent to Jurisdiction
3577 37.01 The parties agree that any litigation between City and Contractor concerning or arising out 3578 of this Contract must be filed and maintained exclusively in the Superior Courts of Contra Costa County, State 3579 of California, or in the United States District Court for the Northern District of California to the fullest extent 3580 permissible by law. Each party consents to service of process in any manner authorized by California law. 3581 Article 38. Assignment
3582 38.01 No assignment of this Agreement or any right occurring under this Agreement may be 3583 made in whole or in part by Contractor without the express prior written consent of the City. City will have full 3584 discretion to approve or deny, with or without cause, any proposed or actual assignment by the Contractor. 3585 Any assignment of this Agreement made by Contractor without the express written consent of the City will be 3586 null and void and will be grounds for City to declare a default of this Agreement and immediately terminate 3587 this Agreement by giving written notice to Contractor, and upon the date of such notice this Agreement will 3588 be deemed immediately terminated, and upon such termination all liability of City under this Agreement to 3589 Contractor will cease, and City will have the right to call the performance bond and will be free to negotiate 3590 with other contractors for the services that are the subject of this Agreement. In the event of any assignment 3591 approved by City, the assignee must fully assume all the liabilities of Contractor by way of an assignment and 3592 assumption agreement. The sale, assignment, transfer, or other disposition, on a cumulative basis, of fifty 3593 percent (50%) or more of the ownership interest in Contractor or twenty-five percent (25%) or more of the 3594 voting control of Contractor (whether Contractor is a corporation, limited liability company, partnership, joint 3595 venture or otherwise) shall constitute an assignment for purposes of this Agreement, requiring prior written 3596 consent of the City. Further, the involvement of Contractor or its assets in any transaction or series of 3597 transactions (by way of merger, sale, acquisition, financing, transfer, leveraged buyout, or otherwise), whether 3598 or not a formal assignment of this Agreement, which reduces Contractor’s assets or net worth by twenty-five 3599 percent (25%) or more, shall also constitute an assignment for purposes of this Agreement, also requiring 3600 prior written consent of the City. Transfers to affiliate companies of Contractor that have common ownership 3601 shall not be considered an assignment under the terms of this section. Upon notification to the City of any 3602 proposed assignment, Contractor shall provide to the City a payment of seventy-five thousand dollars 3603 ($75,000) for the City to perform its due diligence related to the requested assignment. 3604 38.02 The use of a subcontractor to perform services under this Agreement will not constitute 3605 delegation of Contractor’s duties if Contractor has received prior written authorization from the Agreement
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3606 Administrator to subcontract such services and the Agreement Administrator has approved a subcontractor 3607 who will perform such services. Contractor will be responsible for directing the work of Contractor’s 3608 subcontractors, and any compensation due or payable to Contractor’s subcontractor will be the sole 3609 responsibility of Contractor. The Agreement Administrator will have the right to require the removal of any 3610 approved subcontractor for reasonable cause.
3611 Article 39. Compliance with Laws
3612 39.01 In the performance of this Contractor, Contractor must comply with all Applicable Laws, 3613 including, without limitation, the Pinole Municipal Code. 3614 39.02 City shall provide written notice to Contractor of any planned amendment of the Pinole 3615 Municipal Code that would substantially affect the performance of Contractor’s services pursuant to this 3616 Agreement. Such notice must be provided at least thirty (30) calendar days prior to the City Council’s approval 3617 of such an amendment. Any such amendment that would or does affect Contractor’s services hereunder shall 3618 trigger the requirements of Sections 30.01 (City-Directed Change) and 30.02 (Change in Law) of this 3619 Agreement.
3620 Article 40. Permits and Licenses
3621 40.01 Contractor shall obtain, at its own expense, all permits and licenses required by law or 3622 ordinance, and shall maintain same in full force and effect throughout the Term of this Agreement. Contractor 3623 must provide proof of such permits, licenses, or approvals and must demonstrate compliance with the terms 3624 and conditions of such permits, licenses, and approvals upon the request of the Agreement Administrator. 3625 40.02 The Contractor must procure and maintain a valid City Business License throughout the 3626 Term of the Agreement.
3627 Article 41. Ownership of Written Materials
3628 41.01 Contractor hereby grants City a non-exclusive license to all reports, documents, brochures, 3629 public education materials, and other similar written, printed, electronic, or photographic materials developed 3630 by Contractor at the request of City or as required under this Agreement and intended for public use, without 3631 limitation or restrictions on the use of such materials by City. Contractor may not use such materials that 3632 specifically reference City for other purposes without the prior written consent of the Agreement Administrator. 3633 This Article 41does not apply to content, ideas, or concepts described in such materials and does not apply 3634 to the format of such materials. This section shall survive the termination or expiration of this Agreement. 3635 Article 42. Waiver
3636 42.01 Waiver by City or Contractor of any breach for violation of any term, covenant, or condition 3637 of this Agreement will not be deemed to be a waiver of any other term, covenant, or condition or any 3638 subsequent breach for violation of the same or of any other term, covenant, or condition. The subsequent 3639 acceptance by City of any fee, tax, or any other monies which may become due from Contractor to City will
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3640 not be deemed to be a waiver by City of any breach for violation of any term, covenant, or condition of this 3641 Agreement. No waiver by the City or Contractor shall be binding unless in writing by the waiving party. 3642 Article 43. Prohibition Against Gifts
3643 43.01 Contractor represents that Contractor is familiar with City’s prohibition against the 3644 acceptance of any gift by a City officer or designated employee. Contractor may not offer any City officer or 3645 designated employee any gifts prohibited by the City. 3646 Article 44. Point of Contact
3647 44.01 The day-to-day dealings between Contractor and City will be between Contractor and the 3648 Agreement Administrator.
3649 Article 45. Notices
3650 45.01 Except as provided in this Agreement, whenever either party desires to give notice to the 3651 other, it must be given by written notice addressed to the party for whom it is intended, at the place last 3652 specified, and to the place for giving of notice in compliance with the provisions of this Section. For the 3653 present, the parties designate the following as the respective persons and places for giving of notice:
3654 As to the City:
3655 ________________
3656 ________________
3657 ________________
3658 As to the Contractor:
3659 ________________
3660 ________________
3661 ________________
3662 45.02 Notices given by personal delivery shall be effective immediately. Notices given by mail 3663 shall be deemed to have been delivered forty-eight (48) hours after having been deposited in the United 3664 States mail. Changes in the respective address to which such notice is to be directed may be made by written 3665 notice.
3666 45.03 Notice by City to Contractor of a Collection or other Service Recipient problem or complaint 3667 may be given to Contractor orally by telephone at Contractor’s local office with confirmation sent to Contractor 3668 through the Customer Service System by the end of the Workday.
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3669 Article 46. Transition to Next Contractor
3670 46.01 In the event Contractor is not awarded an extension or new contract to continue to provide 3671 Solid Waste Collection following the expiration or early termination of this Agreement, Contractor will 3672 cooperate fully with City and any subsequent contractors to assure a smooth transition of services described 3673 in this Agreement. Such cooperation will include, but not be limited to, transfer of computer data and files; 3674 providing routing information, route maps, vehicle fleet information, and list of Service Recipients; providing 3675 a complete inventory of all Collection Containers; providing adequate labor and equipment to complete 3676 performance of all Solid Waste Collection required under this Agreement; taking reasonable actions 3677 necessary to transfer ownership of carts and bins, as appropriate, to City, including transporting such 3678 Containers to a location designated by the Agreement Administrator; coordinating Collection of Materials set 3679 out in new Containers if new Containers are provided for a subsequent Agreements; and providing other 3680 reports and data required by this Agreement.
3681 Article 47. Contractor’s Records
3682 47.01 Contractor shall keep and preserve, during the Term of this Agreement, full, complete, and 3683 accurate financial and accounting records, pertaining to cash, billing, and disposal transactions for the 3684 franchise area, prepared on an accrual basis in accordance with generally accepted accounting principles. 3685 These records and reports are necessary for the City to properly administer and monitor the Agreement and 3686 to assist the City in meeting the requirements of the Act. The Contractor shall keep and preserve, during the 3687 Term of this Agreement, and for a period of not less than four (4) years following expiration or other 3688 termination hereof or for any longer period required by law, full, complete, and accurate records as indicated 3689 in the Agreement.
3690 47.02 Any records or documents required to be maintained pursuant to this Agreement must be 3691 made available for inspection or audit at any time during regular business hours, upon written request by the 3692 Agreement Administrator, the City Attorney, City Auditor, City Manager, or a designated representative of any 3693 of these officers. Copies of such documents will be provided to City electronically, available to City for 3694 inspection at the local Contractor office, or available to City for inspection at an alternate site if mutually 3695 agreed upon.
3696 47.02.1 Contractor acknowledges that City is legally obligated to comply with the California 3697 Public Records Act (“CPRA”). City acknowledges that Contractor may consider certain records, reports, or 3698 information contained therein (“Records”) which Contractor is required to provide to City under this 3699 Agreement to be of a proprietary or confidential nature. In such instances, Contractor will inform City in 3700 writing of which records are considered propriety or confidential and shall identify the statutory exceptions 3701 to disclosure provided under the CPRA that legally permit non-disclosure of the Records. At such time as 3702 City receives a request for records under the CPRA or Federal Freedom of Information Act (“FOIA”), or a 3703 subpoena or other court order requesting disclosure of the Records, City will notify Contractor of the request, 3704 subpoena, or order and of City’s obligation and intent to provide a response within ten (10) calendar days. 3705 Contractor shall within five (5) calendar days either: (i) consent in writing to the disclosure of the Records; 3706 or (ii) seek and obtain, at Contractor’s sole cost and expense, the order of a court of competent jurisdiction 3707 staying or enjoining the disclosure of the Records. If Contractor fails to respond within the timeframe
DRAFT 042525 Page 104 of 134
3708 stipulated, then City may proceed to disclosure the Records, in which event Contractor agrees, waives, and 3709 releases City of any liability for the disclosure of the Records. In the event Contractor seeks a court order to 3710 stay or enjoin the disclosure of the Records, Contractor agrees to indemnify, defend, and hold harmless the 3711 City, its Council, elected and appointed board or commission members, officers, employees, volunteers, and 3712 agents (collectively, "Indemnitees") from and against any and all loss, liability, penalty, forfeiture, claim, 3713 demand, action, proceeding, or suit in law or equity of any and every kind and description, whether judicial, 3714 quasi-judicial, or administrative in nature, arising or resulting from or in any way connected with the subject 3715 CPRA, FOIA request, or subpoena for the Records. This indemnity obligation shall survive the expiration or 3716 termination of this Agreement.
3717 47.03 Where City has reason to believe that such records or documents may be lost or discarded 3718 in the event of the dissolution, disbandment, or termination of Contractor’s business, City may, by written 3719 request or demand of any of the above-named officers, require that custody of the records be given to City 3720 and that the records and documents be maintained in City Hall. Access to such records and documents will 3721 be granted to any party authorized by Contractor, Contractor’s representatives, or Contractor’s successor-in3722 interest. 3723 47.04 Failure to Keep and Preserve Records. The refusal of Contractor to keep and preserve any 3724 of the records required shall be deemed a material breach of this Agreement and shall subject Contractor to 3725 all remedies, legal or equitable, which are available to City under this Agreement or otherwise. 3726 Article 48. Entire Agreement
3727 48.01 This Agreement and the attached Exhibits constitute the entire Agreement and 3728 understanding between the parties, and the Agreement will not be considered modified, altered, changed, or 3729 amended in any respect unless in writing and signed by the parties. 3730 Article 49. Severability
3731 49.01 If any provision of this Agreement or the application of it to any person or situation is to any 3732 extent held invalid or unenforceable, the remainder of this Agreement and the application of such provisions 3733 to persons or situations other than those as to which it is held invalid or unenforceable, will not be affected, 3734 will continue in full force and effect, and will be enforced to the fullest extent permitted by law. 3735 Article 50. Right to Require Performance
3736 50.01 The failure of City at any time to require performance by Contractor of any provision of this 3737 Agreement will in no way affect the right of City thereafter to enforce same. Nor will waiver by City of any 3738 breach of any provision of this Agreement be taken or held to be a waiver of any succeeding breach of such 3739 provision or as a waiver of any provision itself.
DRAFT 042525 Page 105 of 134
3740 Article 51. All Prior Agreements Superseded
3741 51.01 This Agreement incorporates and includes all prior negotiations, correspondence, 3742 conversations, agreements, and understandings applicable to the matters contained in this Agreement, and 3743 the parties agree that there are no commitments, agreements, or understandings concerning the subject 3744 matter of this Agreement that are not contained in this document. Accordingly, it is agreed that no deviation 3745 from the terms of this Agreement will be predicated upon any prior representations or agreements, whether 3746 oral or written.
3747 Article 52. Headings
3748 52.01 Headings in this document are for convenience of reference only and are not to be 3749 considered in any interpretation of this Agreement. 3750 Article 53. Exhibits
3751 53.01 Each Exhibit referred to in this Agreement forms an essential part of this Agreement. Each 3752 such Exhibit is a part of this Agreement, and each is incorporated by this reference. In the event of any 3753 conflicts between this Agreement and the Exhibits, then this Agreement shall take priority. 3754 Article 54. Attorney’s Fees
3755 54.01 If litigation is brought by a party in connection with this Agreement, the prevailing party will 3756 be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys’ fees, 3757 incurred by the prevailing party in the exercise of any of its rights or remedies under this Agreement or the 3758 enforcement of any of the terms, conditions, or provisions of this Agreement. 3759 Article 55. Commencement Date
3760 55.01 This Agreement will become effective when it is properly executed by City and Contractor, 3761 and Contractor will commence Solid Waste Collection under this Agreement as of July 1, 2025.
DRAFT 042525 Page 106 of 134
3763 IN WITNESS WHEREOF, City and Contractor have executed this Agreement on the respective 3764 date(s) below each signature.
3765 CITY OF PINOLE CONTRACTOR
3766 A Municipal Corporation
3767 By: ________________________ By: ________________________ 3768
3769
3770 Title: _______________________ By: _____________________________ 3771 President
3772
3773 ATTEST: ____________________ By: __________________________ 3774 City Clerk
3775 APPROVED AS TO FORM
3776 City Attorney _____________________________
3777 Secretary
3778 By: _________________________
3779
DRAFT 042525 Page 107 of 134
3780 Exhibit 1
3781 Maximum Service Rates
3782
3783 RESIDENTIAL
Collection
Charge
Post
Collection
Charge
Vehicle
Impact
Fee
City AB
939 Fee
Total
Monthly
Rate
20-gallon $ 25.08 $ 7.56 $ 5.40 $ 0.83 $ 38.87
35-gallon $ 26.08 $ 13.27 $ 7.75 $ 0.83 $ 47.93
35-gallon Sr. $ 24.08 $ 13.27 $ 7.75 $ 0.83 $ 45.93
65-gallon $ 50.98 $ 24.66 $ 14.10 $ 1.51 $ 91.25
95-gallon $ 72.79 $ 37.02 $ 20.85 $ 2.19 $ 132.85
3784
7/1/2025 COMMERCIAL COLLECTION RATES (COMBINED)
BIN Times per Week
SIZE 1 2 3 4 5
1 YARD $ 355.63 $ 620.87 $ 885.92 $ 1,151.19 $ 1,416.24 2 YARD $ 586.06 $ 1,067.83 $ 1,549.81 $ 2,031.48 $ 2,513.41 3 YARD $ 801.72 $ 1,486.68 $ 2,171.72 $ 2,856.69 $ 3,541.72 4 YARD $ 1,009.62 $ 1,891.26 $ 2,772.91 $ 3,654.72 $ 4,536.21 5 YARD $ 1,212.89 $ 2,288.47 $ 3,363.83 $ 4,439.52 $ 5,514.76 6 YARD $ 1,414.38 $ 2,682.42 $ 3,950.65 $ 5,219.26 $ 6,487.21 7 YARD $ 1,614.27 $ 3,075.18 $ 4,536.75 $ 5,997.55 $ 7,458.62 3785
3786
DRAFT 042525 Page 108 of 134
3787 INDUSTRIAL
3788
3789 ONE TIME CHARGES
3790
Rate Per Haul
MSW, Miscellaneous Trash, C&D, Green Waste, Wood, Dirt, Concrete, Cardboard, Metal 2025 Rate Adj 2025
Box Size Current 16.21% Total Rate
10 Yard 530.00 85.91 615.91
14 Yard 588.00 95.31 683.31
20 Yard 624.00 101.15 725.15
30 Yard 675.00 109.42 784.42
40 Yard 746.00 120.93 866.93
7/1/2025 INDUSTRIAL ROLL-OFF SERVICE RATES
Plus disposal rate (per ton)
Additional
Pickup
Size
1 yd $116.78
2 yd $183.98
3 yd $247.54
4 yd $309.15
5 yd $369.73
6 yd $429.77
7 yd $489.42
35 gal $14.31
65 gal $28.62
95 gal $42.94
RATE
$42.79
$11.30
$11.23
$81.78
$37.09
$116.78
$14.31
Overage Fee - Per Yard $116.78
$348.45
$128.49
$49.77
$38.03
Same as pull rate
Lock Replacement
Dry Run (Industrial Box)
SPECIAL SERVICES/ANCILLARY
CHARGES
Contamination - Per Cart
Overage Fee - Per Cart
Contamination - Per Yard
Cart Replacement
Additional Cart - Recy/Organic
Service
Return Trip
Cart Wash
RATE
Carryout Fee
Box Wash
Bin Wash (1-7 yd)
DRAFT 042525 Page 109 of 134
3791
DRAFT 042525 Page 110 of 134
3792 Exhibit 2
3793 List of City Facilities
3794
3795 1. City Hall, Police/Fire 880Tennent
3796 2. Corp Yard, Treatment Plant
3797 3. Fire Station
3798 4. Senior Center
3799 5. Memorial Stadium
3800 6. Swim Center
3801 7. Pinole Valley Park
3802 8. Downer Grove
3803
DRAFT 042525 Page 111 of 134
3804 Exhibit 3
3805 Collection Container Specifications
Cart Specifications.
• 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.
• 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.
• Contractor must provide Carts having an approximate volume of 20, 32, 64, and 96 gallons. Actual cart volume may vary by +/- 10% depending on manufacturer. • Carts must include wheels and handles that accommodate ease of movement by ablebodied persons, have heavy duty wheels, have attached hinged lids, and be designed to be resistant to inadvertent tipping due to high winds. • Carts must include lids that continuously overlap the Cart body so as to prevent the intrusion of rainwater and minimize odors. The lids should be of a design and weight so as to prevent the Cart body from tilting backward when flipping the lid open. • Carts must be capable of being lifted into the Collection Vehicle without damage or distortion under normal usage.
• Carts must be hot-stamped, embossed, or labeled/decaled with the company name, a unique identification number (i.e., a serial number for carts), weight limit, images of the type of materials to be Collected, and a QR code that links to the Recycling education landing page within the Contractor’s City-specific website for the City. 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 annually. • Cart and lids must meet all applicable colors and labeling specifications as set forth by CalRecycle (i.e., blue = Recyclable Materials, black/gray = Garbage, green = yard waste/mixed Organic Waste, yellow = Food Waste or other color standards as determined by CalRecycle prior to the start of this Agreement).
Bin Specifications.
DRAFT 042525 Page 112 of 134
• Bins must be constructed of heavy metal or heavy plastic and must be watertight, well painted, in good condition, and without rust or dents.
• Wheels, forklift slots, and other appurtenances which are designed for movement, loading, or unloading of the Container, must be maintained in good repair. • Contractor must provide Bins having an approximate volume of 1, 2, 3, and 4 cubic yards.
• 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.
• Each Bin must be labeled with a listing of materials that may and may not be placed in a particular Bin type, as well as a QR code that links to the Recycling education landing page within the Contractor’s City-specific website for the City, 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. • Bid 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 Maximum Service Rate set forth in Exhibit 1.
• Bins must be capable of being lifted into the Collection Vehicle without damage under normal usage.
• Bins must meet all applicable colors and labeling specifications as set forth by CalRecycle (i.e., blue = Recyclable Materials, black/gray = Garbage, green = yard waste/mixed Organic Waste, yellow = Food Waste or other color standards as determined by CalRecycle prior to the start of this Agreement).
Roll-off Container Specifications.
Roll-off Container specifications shall be the same as Bin specifications. Roll-off Containers shall be provided in sizes 10, 20, 30, and 40 cubic yards. Compactors shall be available in sizes 10, 20, 35, and 40 cubic yards. Contractor is obligated to provide covers for Roll-Off Containers upon Customer request.
Kitchen Food Waste Pails
In the event that Kitchen Food Waste Pails are no longer provided by the West Contra Costa Integrated Waste Management Authority, and subject to the terms and conditions of Section
30.01, Contractor is responsible for the purchase and distribution of fully assembled and functional Kitchen Food Waste Pails to any new Dwelling Units that are added to Contractor’s Service Area during the Term of this Agreement. The distribution to new Dwelling Units must be completed within three (3) Workdays of receipt of notification from City or the Dwelling Unit.
DRAFT 042525 Page 113 of 134
Contractor will make Kitchen Food Waste Pails available at one or more annual Contractorhosted events, such as a paper-shredding event or a HHW drop-off event, to make it easier for MFD Dwelling Units to learn about and acquire the pails. The services described in this paragraph are not effective until such time as the City and Contractor agree to a City-Directed Change per Section 30.01.
Containers End of Life
Collection Containers must be recycled at the end of their useful life.
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.
3806
DRAFT 042525 Page 114 of 134
3807 Exhibit 4
3808 Administrative Charges and Penalties
3809 All dollar figures stated below shall increase annually by the CPI Adjustment Calculation in Section 3810 6.03.1.
3811
Item
Amount if Not Cured
in 30 Days (unless
otherwise specified)
If Cured
a. Failure to respond to each complaint within three (3) Workdays of receipt of complaint.
$200 per incident per Service Recipient.
b. Failure to maintain call center hours as required by this Agreement.
$500 per day. -0- if cured in
5 days
c. Failure to submit to City all reports by the deadlines required under the provisions of this Agreement.
$200 per day. -0- if cured in
10 days
d. Failure to include all parts of quarterly and annual reports specified in Sections 22.04 and 22.05 in the submitted
reports.
$200 per day if not
cured in 10 days.
-0- if cured in
10 days
e. Failure to provide data, information, or documentation required by this Agreement within the timeframe
stipulated herein.
$100 per day. -0- if cured in
5 days
f. Failure to respond to respond to any City request for data or information, as referenced in Section 5.15, within five (5) Business Days of receipt of the request.
$100 per day. -0- if cured in
5 days
g. 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.
h. Failure for Collection Cart to be compliant with
specifications of Exhibit 3 or Section 18.09.
$50 each Collection
Cart not compliant.
-0- if cured in
30 days
i. Failure for Collection Bin to be compliant with
specifications of Exhibit 3 or Section 18.09
$100 each Collection
Bin not compliant, if not
cured in 5 days
-0- if cured in
30 days
j. Failure for Collection Container to be compliant with SB 1383 labeling requirements or the labeling requirements outlined in Section 20.10 of this Agreement.
$100 each Collection
Container not
compliant.
-0- if cured in
30 days
DRAFT 042525 Page 115 of 134
Item
Amount if Not Cured
in 30 Days (unless
otherwise specified)
If Cured
k. Failure to comply with manufacturers’ recommendations or State and Federal vehicle weight limitations, as
required in Section 18.05.
$100 per incident after
twenty-five (25) such
incidents per quarter.
Cannot be
cured
l. Failure to display Contractor’s name and customer
service phone number on Collection Vehicles, or to
otherwise be out of compliance with Section 18.08.
$100 per incident per
day.
-0- if cured in
30 days
m. Failure to Collect a missed Collection Container by close of the next Workday upon notice to Contractor, that
exceeds twenty (20) incidents within the Service Area
within any Calendar Year.
$1,000 per Calendar year, plus $10 per
incident per day.
n. Failure to repair (including removal of graffiti) or replace damaged Containers and/or Containers that are not in
good working order within the time required by this
Agreement, that exceeds twenty (20) incidents in any
Calendar year.
$1,000 per Calendar year, plus $10 per
incident per day.
o. Accumulation of more than forty (40) complaints per
Quarter regarding documented incidences of carts left in untidy conditions (e.g., carts not left standing upright, cart lids not closed, carts left in wrong locations) by Contractor $1,000 per Quarter, plus $10 per
complaint beyond the first 40 complaints
p. Failure to maintain Collection hours as required by this Agreement. $500 per day.
-0- if not
cured in 5
days
q. Failure to have Contractor personnel in Contractorprovided uniforms. $25 per day per
employee.
-0- if not
cured in 30
days
r. Failure of Contractor to follow Recyclable Materials and Organic Waste Contamination and Overage procedures
as set forth under Section 5.07 and 5.10.
$500 per day for failure
to implement correction
plan.
Submit for
approval to
City and
implement
plan of
correction to
City within 30
days.
DRAFT 042525 Page 116 of 134
Item
Amount if Not Cured
in 30 Days (unless
otherwise specified)
If Cured
s. Vehicle fluid leak incidents from Contractor Collection Vehicles in excess of three (3) during a quarter for the same vehicle.
$500 per incident in excess of three (3)
t. Failure of Contractor to clean up spillage or litter caused by Contractor within ninety (90) minutes upon notice from the City, in excess of five (5) incidents during a calendar year.
$100 per incident.
u. Failure of Contractor to provide proof of performance bond as required by this Agreement
Agreement Default $500 per day
v. Failure of Contractor to provide proof of insurance as required by this Agreement
Agreement Default $500 per day
w. Failure to provide City with documentation verifying Diversion, as outlined in Section 8.02, was achieved.
$1,000 per Quarter.
Submit for
approval to
City and
implement
plan of
correction
within 30
days.
x. Failure to Collect Holiday trees on Collection Days. $100 per day.
-0- if not
cured in 7
days
y. Failure to commence service to a new Service Recipient within seven (7) days after order. $150 per day.
-0- if not
cured in 7
days
z. Failure to initially respond to a Service Recipient
complaint within one (1) Business Day.
$50 per failure to
resolve Customer
compliant or request.
-0- if not
cured in 7
days
aa. Replacement fee when requesting a new set of keys to access City Service Unit sites.
$500 per set of keys replaced, in
addition to the cost of replacing the
keys.
bb. Failure to pick up abandoned waste within twenty-four (24) hours upon request from the City.
$500 per day per
incident
-0- if not
cured in 3
days
DRAFT 042525 Page 117 of 134
Item
Amount if Not Cured
in 30 Days (unless
otherwise specified)
If Cured
cc. Failure to provide Roll-Off Containers or staff for a City of Pinole Community Clean-Up Event.
$1,000 per site per event
dd. Failure to drop off a Container requested by the City in the timeframe requested, provided the City gives at least four (4) days advance notice.
$100 per day.
-0- if not
cured in 3
days
ee. Failure to comply with any other provision in this
Agreement $200 per incident
-0- if not
cured in 30
days
3812
DRAFT 042525 Page 118 of 134
3813 Exhibit 5
3814 Customer Service Plan
3815
3816 1. Overview
3817 When fielding a customer request, CSRs immediately access the customer’s 3818 account information in Republic’s customer management system, InfoPro. Republic 3819 owns the InfoPro application and continues to invest in it. When a new technology must 3820 be integrated, Republic’s IT team makes the necessary modifications. CSRs can access 3821 all pertinent customer information through InfoPro, including service address, pick-up 3822 day, rate, service level, and a complete history of service requests and resolutions. 3823 ▪ After determining the customer need, the CSR inputs all required information 3824 into the customer’s permanent file history and, if necessary, generate an on-line 3825 automated work order.
3826 ▪ If the inquiry is simply for information or clarification about Republic programs, 3827 the CSR will answer the question and close the file. 3828 ▪ If the request requires action on the part of Republic, a work order will be 3829 generated for the appropriate department to address, end the telephone call, 3830 and produce an online work order in InfoPro, that must be closed out within 3831 two (2) days.
3832 When customers contact Republic through the My Resource web portal or 3833 mobile application, the process is automated, and information is immediately and 3834 directly sent to the proper department for prompt handling. 3835 Each time a customer contacts Republic, inquiries and concerns are entered 3836 into InfoPro, including date, time, customer name, address, and the nature, date and 3837 manner of the resolution is also logged and sent to Drivers and Supervisors. Dispatch 3838 monitors all work orders requiring driver action. Upon receipt of a work order requiring 3839 same-day completion, a special alert is generated, and the appropriate driver is 3840 instructed as to what is needed to complete the order. In addition, each driver verbally 3841 contacts dispatch prior to completion of their assigned route to ensure all outstanding 3842 requests are fulfilled prior to returning to the operations facility. 3843 Republic Route Supervisors spend the majority of their time working in their 3844 assigned area(s), which enables them to meet drivers at the customer location to ensure 3845 quick, permanent resolution. Drivers document completion of all same-day service 3846 orders in the system.
3847 Common customer requests and concerns are tracked and reported by Republic 3848 business unit company- wide, which has resulted in an exceedingly high level of 3849 customer service.
3850 2. Service Recipient Billing
3851 • Residential customers are billed quarterly, while Commercial and Industrial 3852 customers are billed monthly.
3853 • The initial step for the CSR is to confirm the customer's name, service 3854 address, and reason for inquiry. After listening to and stating the reason(s) for 3855 the customer call, the CSR can assist in addressing and resolving their needs.
DRAFT 042525 Page 119 of 134
3856 Common billing inquiries may include but are not limited to, requests for 3857 cart/container size increase or decrease, service day increase or decrease 3858 changes, customer new starts, or stopping service. 3859 • When and if billing disputes arise, CSRs are trained to actively listen and 3860 understand the customer concern, review the invoice, and investigate and 3861 gather supporting relevant information to successfully resolve the 3862 customer's concern.
3863 • In the spirit of a one-call resolution, the customer's concern is typically resolved 3864 at that time. If a situation requires escalation to the Customer Service Manager, 3865 they will immediately and professionally attempt to resolve the issue to the 3866 customer's satisfaction.
3867
3868 3. Technology Network
3869 Our phone systems are modern and sufficient to handle all calls from the City of 3870 Pinole customers. As the incumbent, our existing website will be updated to include all 3871 changes selected by the city.
3872 4. Staffing Levels
3873 There are approximately 7,152 service accounts in the City of Pinole service 3874 area. Our highly trained, engaged, and dedicated CSR team ensures an excellent 3875 customer experience with limited average wait time of only .19 second speed of 3876 telephone call answer (ASA)--below the national industry standard and exemplifying our 3877 commitment to exceed customer expectations.
3878 5. Payment Programs
3879 Modern day customer service is about customer options and simple solutions. 3880 Newer generations expect web-based and mobile app-based abilities to self-serve 3881 simple needs at any time of the day or night. Certainly, more complex topics may still 3882 require person-to-person interaction, but a vast majority of customer service contacts in 3883 this industry are topics that can be self-served. For this reason, Republic Services has 3884 invested to create state-of-the-website and mobile app. Our customers now can reach 3885 us
3886 24/7 via our website, www.republicservices.com/municipality/wccc-ca.com, or 3887 via our Republic Services mobile app. Our self-service options are designed to improve 3888 overall response time, enabling resolutions to simple customer inquiries and needs 3889 anytime, anywhere with the least amount of customer inconvenience as possible. 3890 Through our website and mobile app customers can:
3891 • Pay their bill
3892 • Schedule an extra pick up
3893 • Discover new services
3894 • Receive weather and holiday service updates
3895 • Sign up for autopay and paperless billing
3896 • Submit inquiries or complaints “Track My Truck” where customers can see where a 3897 truck is currently located on route.
3898 Service alerts to notify residents or businesses of changes or delays. Alerts such as blocked containers 3899 will provide a notification with a photo uploaded to the app
DRAFT 042525 Page 120 of 134
3900 Exhibit 6
3901 Collection Service Operations Plan
3902
3903 Republic Services’ continued growth and extensive experience in Collection programs and 3904 Diversion have situated the company in a position to ensure that necessary resources will be 3905 available during the agreement term.
3906 1. Vehicles
3907 Collection Vehicles
Industrial
Truck # TYPE YEAR Estimated
Useful Life FUEL Make/Mod
el
Size Axles GVWR Turn
ing
Radi
us
Decibe
ls
Maximum
Load
Capaci
ty
3425 Roll-Off 2020 8 Renewable PETERBILT N/A 3 55000 42' at 90 deg
85-95
db
10.5 Tons
3426 Roll-Off 2020 9 Renewable PETERBILT 3 55000 42' at 90 deg
85-95
db
10.5 tons
3427 Roll-Off 2020 9 Renewable PETERBILT N/A 3 55000 42' at 90 deg
85-95
db
10.5 Tons
3428 Roll-Off 2019 9 Renewable PETERBILT N/A 3 55000 42' at 90 deg
85-95
db
10 .5Tons
3429 Roll-Off 2020 9 Renewable PETERBILT N/A 3 55000 42' at 90 deg
85-95
db
10 .5Tons
3430 Roll-Off 2020 9 Renewable PETERBILT 3 55000 42’ at 90 deg
85=95
db
10.5 Tons
3431 Roll -Off 2021 9 Renewable PETERBILT 3 55000 42’ at 90 deg
85-95
db
10.5 tons
3432 Roll-Off 2021 10 Renewable PETERBILT 3 55000 42’ at 90 deg
85-95
db
10.5 tons
3433 Roll-Off 2022 10 Renewable PETERBILT 3 55000 42’ at 90 deg
85-95
db
10.5 tons
Commercial
TRUCK TYPE YEAR Estimated
Useful Life FUEL Make/Mod
el
Size Axles GVWR Turn
ing
Radi
us
Decibe
ls
Maximu
m Load
Capacity
1217 FL 2018 6 Renewable PETERBILT 40 CY 4 55000 42’ at 90 deg
85-95
db
11 tons
1218 FL 2017 5 Renewable PETERBILT 40 CY 4 55000 42’ at 90 deg
85=95d
b
11 tons
1219 FL 2018 6 Renewable PETERBILT 40CY 4 55000 42’ at 90 deg
85-95
db
11 tons
1220 FL 2018 6 Renewable PETERBILT 40 CY 4 55000 42' at 90 deg
85-95
db
11 Tons
1221 FL 2018 6 Renewable PETERBILT 40 CY 4 55000 42' at 90 deg
85-95
db
11 Tons
1221 FL 2020 8 Renewable PETERBILT 40 CY 4 55000 42' at 90 deg
85-95
db
11 Tons
1222 FL 2020 8 Renewable PETERBILT 40 CY 4 55000 42' at 90 deg
85-95
db
11 Tons
1223 FL 2022 10 Renewable PETERBILT 40 CY 4 55000 42' at 90 deg
85-95
db
11 Tons
1224 FL 2019 7 Renewable PETERBILT 40 CY 4 55000 42' at 90 deg
85-95
db
11 Tons
1227 FL 2024 10 Renewable PETERBILT 40 CY 4 55000 42' at 90 deg
85-95
db
11 Tons
1228 FL 2024 10 Renewable PETERBILT 40CY 4 55000 42’ at 90 deg
85-95
db
11 tons
Residential
TRUCK TYPE YEAR Estimated
Useful Life FUEL Make/Mod
el
Size Axles GVWR Turn
ing
Radi
us
Decibe
ls
Maximu
m
Load
Capaci
ty
2169 ASL 2015 2 Renewable PETERBILT 31 CY 4 57500 42' at 90 deg
85-95
db
11 tons
2171 ASL 2015 2 Renewable PETERBILT 31Cy 4 57500 42' at 90 deg
85-95
db
11 tons
2172 ASL 2015 2 Renewable PETERBILT 31CY 4 57500 42' at 90 deg
85-95
db
11 tons
2173 ASL 2018 4 Renewable PETERBILT 31CY 4 57000 42' at 90 deg
85-95
db
11 tons
DRAFT 042525 Page 121 of 134
2174 ASL 2019 4 Renewable PETERBILT 31CY 4 57000 42' at 90 deg
85-95
db
11 tons
2175 ASL 2019 4 Renewable PETERBILT 31CY 4 57000 42' at 90 deg
85-95
db
11 tons
2176 ASL 2019 4 Renewable PETERBILT 31CY 4 57000 42' at 90 deg
85-95
db
11 tons
2177 ASL 2019 4 Renewable PETERBILT 31CY 4 57000 42' at 90 deg
85-95
db
11 tons
2185 ASL 2020 5 Renewable PETERBILT 31CY 4 57000 42' at 90 deg
85-95
db
11 tons
2186 ASL 2020 5 Renewable PETERBILT 31CY 4 57000 42' at 90 deg
85-95
db
11 tons
2187 ASL 2020 5 Renewable PETERBILT 31CY 4 57000 42' at 90 deg
85-95
db
11 tons
2188 ASL 2020 5 Renewable PETERBILT 31CY 4 57000 42' at 90 deg
85-95
db
11 tons
2189 ASL 2019 5 Renewable PETERBILT 31CY 4 57000 42' at 90 deg
85-95
db
11 tons
2190 ASL 2020 8 Renewable PETERBILT 31 CY 4 57500 42' at 90 deg
85-95
db
11 Tons
2191 ASL 2020 8 Renewable PETERBILT 31 CY 4 57500 42' at 90 deg
85-95
db
11 Tons
2192 ASL 2020 8 Renewable PETERBILT 31 CY 4 57500 42' at 90 deg
85-95
db
11 Tons
2193 ASL 2021 9 Renewable PETERBILT 31 CY 4 57500 42' at 90 deg
85-95
db
11 Tons
2194 ASL 2021 9 Renewable PETERBILT 31 CY 4 57500 42' at 90 deg
85-95
db
11 Tons
2195 ASL 2021 9 Renewable PETERBILT 31 CY 4 57500 42' at 90 deg
85-95
db
11 Tons
2196 ASL 2021 9 Renewable PETERBILT 31 CY 4 57500 42' at 90 deg
85-95
db
11 Tons
2197 ASL 2021 9 Renewable PETERBILT 31 CY 4 57500 42' at 90 deg
85-95
db
11 Tons
2198 ASL 2021 9 Renewable PETERBILT 31 CY 4 57500 42' at 90 deg
85-95
db
11 Tons
2199 ASL 2023 11 Renewable PETERBILT 31 CY 4 57500 42' at 90 deg
85-95
db
11 Tons
2400 ASL 2023 11 Renewable PETERBILT 31 CY 4 57500 42' at 90 deg
85-95
db
11 Tons
2326 REL 2006 2 Renewable PETERBILT 28CY 3 55000 42’ at 90 deg
85-95
db
9 tons
2330 REL 2007 3 Renewable PETERBILT 28CY 3 55000 42’ at 90 deg
85-95
db
9 tons
2331 REL 2007 3 Renewable PETERBILT 28CY 3 55000 42’ at 90 deg
85-95
db
9 tons
2336 REL 2012 2 Renewable ford 8CY 2 NA 85-95
db
6 tons
2440 ASL 2023 11 Renewable PETERBILT 31CY 4 57500 42’ at 90 deg
85-95
db
11 tons
2401 ASL 2023 11 Renewable PETERBILT 31 CY 4 57500 42' at 90 deg
85-95
db
11 Tons
2402 ASL 2023 11 Renewable PETERBILT 31 CY 4 57500 42' at 90 deg
85-95
db
11 Tons
2403 ASL 2023 11 Renewable PETERBILT 31 CY 4 57500 42' at 90 deg
85-95
db
11 Tons
2404 ASL 2023 11 Renewable PETERBILT 31 CY 4 57500 42' at 90 deg
85-95
db
11 Tons
2405 ASL 2024 11 Renewable PETERBILT 31 CY 4 57500 42’ at 90 deg
85-95
db
11 tons
2406 ASL 2024 11 Renewable PETERBILT 31 CY 4 57500 42' at 90 deg
85-95
db
11 Tons
2407 ASL 2024 11 Renewable PETERBILT 31 CY 4 57500 42' at 90 deg
85-95
db
11 tons
2408 ASL 2024 11 Renewable PETERBILT 31 CY 4 57500 42' at 90 deg
85-95
db
11 tons
2409 ASL 2024 11 Renewable PETERBILT 31CY 4 57500 42' at 90 deg
85-95
db
11 tons
2410 ASL 2024 11 Renewable PETERBILT 31CY 4 57500 42' at 90 deg
85-95
db
11 tons
2411 ASL 2024 11 Renewable PETERBILT 31CY 4 57500 42' at 90 deg
85-95
db
11 tons
2337 REL 2012 2 Renewable Izuzu 8 CY 2 29000 NA 85-95
db
6 tons
2338 REL 2015 5 Renewable Izuzu 8 CY 2 29000 NA 85-95
db
6 tons
2346 REL 2018 6 Renewable PETERBILT 28 CY 3 51500 42' at 90 deg
85-95
db
8 Tons
2347 REL 2021 9 Renewable PETERBILT 28 CY 3 51500 42' at 90 deg
85-95
db
8 Tons
DRAFT 042525 Page 122 of 134
2348 REL 2024 12 Renewable PETERBILT 28 CY 4 55000 46.5 deg. 85-95 db
9 tons
2349 REL 2024 12 Renewable PETERBILT 28 CY 4 55000 46.5 deg. 85-95 db
9 Tons
2350 REL 2024 12 Renewable PETERBILT 28 CY 4 55000 46.5 deg. 85-95 db
9 Tons
2351 REL 2024 12 Renewable PETERBILT 28 CY 4 55000 46.5 deg. 85-95 db
9 Tons
2352 REL 2024 12 Renewable Izuzu 8 CY 2 29000 na 85-95
db
6 tons
3908
3909 a) Vehicle Specifications:
3910
3911 The requested vehicle specifications are identified below. 3912
Fuel
Type Size # of Axles GVWR Capacity # of Collection Compartments Side
Loader
Bio
Fuel 31 4 57,500 10 1
Front
Loader
Bio
Fuel 40 4 55,000 10 1
Scout
Truck
Bio
Fuel 8 2 10,800 2 1
Flat Bed Bio
Fuel 12 ft 2 10,600 n/a 1
Rear
Loader
Bio
Fuel 28 3 54,500 8 1
3913 b) Reduction of Air Emissions and Wear & Tear on City Streets 3914 All collection vehicles are in compliance with CARB’s low carbon alternative fuel 3915 regulations Consistently well-maintained collection vehicles greatly cut emissions (and 3916 noise), and optimized routes reduce vehicle miles traveled and street wear and tear. 3917 Republic has partnered with its equipment manufacturers to design vehicles that have 3918 increased carrying capacity, which minimizes trips to the transfer station, reducing 3919 vehicle miles traveled.
3920 c) Vehicle Technology: With Republic’s RISE application, Republic driver and truck 3921 locations are reported at regular time and distance intervals, providing the 3922 operations team with the whereabouts and situational awareness of the fleet and all 3923 routes during the day. Additionally, Republic utilizes geo-fencing capabilities, to set 3924 geographic boundaries for routes, which trigger alerts when vehicles cross a defined 3925 geo-fence border. This assists operation team members in determining whether drivers 3926 are on pace for on-time route completion, or whether additional support must be 3927 dispatched due to unforeseen circumstances.
3928 d) Vehicle Maintenance Program: Republic’s fleet of vehicles undergoes the most 3929 extensive preventive maintenance procedures in the industry, which leads to a safer, 3930 more efficient, and environmentally sound collection process. Company vehicles 3931 undergo rigorous preventive maintenance procedures and comprehensive pre- and 3932 post-trip inspections which exceed industry standards to ensure the highest level of 3933 performance and safety while on route and minimal downtime. 3934 e) Vehicle Maintenance Schedule: Republic’s reporting system for tracking vehicle 3935 maintenance, vehicle performance, and adherence to company policies relative to such 3936 is called Dossier, which enables Republic to produce weekly reports that are used by 3937 the Fleet Maintenance Manager to monitor performance and take appropriate action 3938 steps when necessary to enforce compliance with Company policy and procedure. 3939 Some of the maintenance-related reports the Dossier system produces, and which are 3940 also covered in weekly maintenance and operations meetings are:
3941 • Maintenance Cost per Vehicle Report (with high-cost trucks noted) 3942 • Road Call Report
DRAFT 042525 Page 123 of 134
3943 • Towing Report
3944 • Drive Compliance and Error Report
3945 • Mechanic Productivity Report
3946 • Fuel and Meter Report
3947 • System Code Spreadsheet Report
3948 • Preventive Maintenance (PM) Report (with overdue PM sub-report) 3949 2. Containers
3950
3951 a. Sufficiency of Capacity: We have a durable process in place to ensure the 3952 availability of collection containers that are SB 1383 compliant for our customers. 3953
Container Dimensions
Container Height Width Depth
20 Gallon Cart 36.2” 19.8” 26.0”
32 Gallon Cart 36.5” 19.8” 26.3”
64 Gallon Cart 41.5” 24.5” 27.5”
96 Gallon Cart 43.2” 28.0” 32.1”
1 Cubic Yard Bin 41.0” 72.0” 24.0”
2 Cubic Yard Bin 41.5” 72.0” 34.5”
3 Cubic Yard Bin 50.5” 72.0” 41.5”
4 Cubic Yard Bin 57.0” 72.0” 50.5”
6 Cubic Yard Bin 57.0” 72.0” 80.0”
7 Cubic Yard Bin 57.0” 72.0” 81.0”
3954
3955 b. Bin Enclosures and Limited Space: During the assessment, we will identify bin locations 3956 and access paths that allow for safe, convenient service. Right-sizing service levels can 3957 increase waste diversion, improve collection productivity, and lead to reduced costs for 3958 customers.
3959 d. Container Appearance: Republic takes pride in the appearance of its equipment. The 3960 condition of all containers is audited annually, on a rolling basis, and scheduled for 3961 replacement as needed. Containers that require repairs or maintenance will be 3962 delivered to Republic’s local container repair facility in Richmond. 3963 e. Container Durability: The containers listed above are suitable for all customers. 3964 In the event of a customer’s space limitations, we can provide and have demonstrated 3965 the ability to offer optional services to meet the customer’s needs. 3966 • Automated Carts: A weekly Bundled SFD Solid Waste Collection Service system 3967 with one (1) 20,32,65,95-Gallon Black Garbage Cart, one (1) 65-Gallon Blue 3968 Recyclable Materials Cart, and one (1) 65-Gallon Green Organic Waste Cart as 3969 part of the base SFD Solid Waste Collection Service. 3970 • Commercial Bins: Republic Services will assist commercial and multi-family 3971 customers in achieving compliance with existing and new regulations through 3972 personalized outreach and recycling technical assistance to optimize recycling 3973 and organic service levels. This includes the continued implementation of a 3974 properly signed and colored three-container system. Please refer to the Education 3975 and Outreach section for information pertaining to education and outreach efforts, 3976 both during transition, and ongoing.
3977 o Republic Services will continue to offer solid waste, recycling, and organic 3978 collection services with a variety of collection container sizes and service 3979 frequencies to meet single-family, multi-family and commercial community 3980 needs, up to six days per week. Collections will be conducted in the following 3981 container sizes: 32-, 64 and 96-gallon carts; 1- to 7- yard front load bins; 1–2- 3982 yard rear load bins: for recyclable materials, MSW, and green/food waste 3983 organics.
DRAFT 042525 Page 124 of 134
3984 o Being the incumbent in Pinole we have already implemented SB 1383 3985 compliant programs which make our evaluation process immensely easier to 3986 accommodate each property with the proper size containers and ensure that 3987 each customer maximizes the City’s participation goals. 3988
3989 3. Route Operations: Successful collection operations begin with a skillful operations 3990 supervisor who knows the business as well as your community. Your Republic 3991 Services local operations manager is responsible for the day-to-day collection 3992 operations, including development and evaluation of routing (in conjunction with the 3993 general manager), training and oversight of drivers, and implementation and 3994 enforcement of safety procedures.
3995 a) Advantages to Collection Vehicles Chosen: All collection vehicles are in 3996 compliance with CARB’s low carbon alternative fuel regulations (see appendix). 3997 Consistently well-maintained collection vehicles greatly cut emissions (and 3998 noise), and optimized routes reduce vehicle miles traveled and street wear and 3999 tear. Republic has partnered with its equipment manufacturers to design 4000 vehicles that have increased carrying capacity, which minimizes trips to the 4001 transfer station, reducing vehicle miles traveled. 4002 b) Driver Responsibilities: To ensure extreme reliability and a consistently high level 4003 of customer service, Republic Services has a quality control program called 4004 Driver Service Management (DSM). DS Mincludes an extensive driver-lead 4005 reporting process, accompanied by regular auditing, that is focused on 4006 safeguarding against procedural failures. DSM standards guarantee that all 4007 driver issues will be addressed and completely resolved by supervisors or 4008 management within seven days of discovery.
4009 c) Anticipated Driver Productivity: During collection activities, drivers are instructed 4010 to make notes on their RISE tablets throughout the day. The objective of the 4011 post-route briefing is to collect all valuable route information from each driver to 4012 ensure operations will receive issues such as poorly sequenced routes; sales will 4013 receive items such as commercial overage issues; safety will receive information 4014 pertaining low hanging wires or dangerous dumpster locations; and maintenance 4015 will be forwarded issues such as repair and replacement needs. 4016 d) Operational Communications: Successful collection operations begin with a 4017 skillful operations supervisor who knows the business as well as your community. 4018 Your Republic Services local operations manager is responsible for the day-to4019 day collection operations, including development and evaluation of routing (in 4020 conjunction with the general manager), training and oversight of drivers, and 4021 implementation and enforcement of safety procedures. We ensure our operations 4022 supervisors are not overloaded, nor tied to a desk. On average, we maintain a 4023 15:1 ratio of routes to supervisors, which means that items needing attention are 4024 dealt with immediately and that the supervisor knows your community intimately. 4025 In addition, our supervisors are out on the routes regularly. At least twice per 4026 week, they conduct a ride-along with drivers on their routes. This creates great 4027 opportunities for driver mentoring, ensures quality control on the route, and 4028 keeps the supervisor directly aware and familiar with the nuances of the route 4029 and the community. Few, if any other companies in the industry, dedicate their 4030 operations staff to succeed in this manner.
4031 e) Driver Contamination Monitoring:
4032 For recycling and organic waste setouts, Republic drivers perform a periodic visual 4033 contamination check of the cart contents.
4034 • If contamination is visible, the cart will be tagged with a “Corrective Action
DRAFT 042525 Page 125 of 134
4035 Notice,” informing the customer why they received the notice and how to 4036 properly sort materials in the future. Subsequent infractions or ongoing 4037 unacceptable levels of contamination will also be noticed, and a fee may be 4038 assessed. A picture is taken with the RISE tablet and uploaded to the 4039 customer’s account.
4040 • As with all Corrective Action Notices and other route events and incidents, 4041 this information will be logged into Republic’s customer database and 4042 routinely shared with the city.
4043 f.) Annual Service Level and Billing Audit Approach 4044 Audit Plan: To additionally mitigate any impacts to our ability to provide reliable 4045 service, Republic’s customer management software application, InfoPro, 4046 automatically generates a number of reports that are routinely reviewed by 4047 Republic managers, most on a daily basis. These include:
4048
4049 Production Reports
4050 This module includes:
4051 • Route Analysis
4052 • Route Downtime Analysis
4053 • Customer Service History
4054 • Daily Operating Summary
4055 • Daily Fuel Report
4056 • Daily Disposal Report
4057 • Disposal Exception Report
4058 • Daily Truck / Employee Replacement Report
4059 • Customer Service Report
4060 • Blocked / No Service Report
4061 These reports are used in the daily activities of the division in order to monitor 4062 productivity and effectiveness.
4063 1. Route Maps: The RISE platform was built for Republic Service 4064 employees by Republic Service employees. The RISE platform consists 4065 of three components:
4066 a. RISE Portal
4067 b. RISE Map
4068 c. RISE Tablet
4069 The heart of the platform is the RISE Portal and the RISE Map, the portal and map feature an 4070 intuitive structure that allows users to easily assign routes, view maps, and quickly identify 4071 assets and facilities.
4072 The RISE Map: quickly allows new or substitute drivers to visually understand the assigned 4073 work through the visual representation of the proximity between customers and disposal 4074 sites. This benefit helps eliminate unproductive time and total miles traveled, limiting impacts 4075 on the city roads and emissions.
4076 RISE tablet: Republic Services rolled out RISE tablets to our industrial drivers starting in 4077 2020 and to our commercial drivers in 2021/2022. The RISE tablets provide our drivers with 4078 an electronic route sheet with turn-by-turn directions to ensure the most efficient route. The 4079 navigation software uses real-time traffic conditions to avoid delays and incorporate safety 4080 mechanisms that record the truck's height, weight, and length to ensure overpasses and 4081 bridges can support our vehicles
4082
4083
4084
DRAFT 042525 Page 126 of 134
4085 4. Safety
4086
4087 a. Staffing Safety Requirements: Republic Services has an industry 4088 leading safety record that has been 38% better than the industry average 4089 for the past ten years, based on OSHA data. In addition, we have been 4090 recipients of 72% of the industry’s Driver and Operator of the Year 4091 awards since 2009.
4092 b. Republic Services maintains strict compliance with all applicable DOT 4093 (includes physical, drug, and alcohol testing), OSHA, federal, state 4094 and local safety requirements while performing all work-related 4095 functions.
4096 c. We recognize that a safe workforce is not simply a discussion 4097 with a new hire, but a dedicated plan to review, educate and 4098 verify employee practices constantly. .
4099 d. Two of Republic Services’ ambitious sustainability goals are tied to 4100 specific safety metrics. These include reducing our Occupational Safety 4101 and Health Administration Total Recordable Incident Rate to 2.0 or less 4102 and
4103
4104 1) Training: Republic Services has the lowest occurrence of incidents 4105 and crashes in the industry due to our company-wide emphasis on 4106 safety, extensive employee training and ongoing educational 4107 development programs. Republic Services requires all operations 4108 personnel to participate in extensive classroom training and testing, 4109 as well as on-road auditing and policy reinforcement. 4110 2) Personal Protective Equipment: Republic Services is committed to 4111 providing the safest collection and disposal processes possible. We 4112 recognize that effective management of worker safety and health 4113 protection is a decisive factor in reducing the extent, severity, and 4114 cost of work-related injuries and illnesses. Eye, face, head, hand, and 4115 high visibility PPE is required to be worn when applicable. 4116
4117 5. Reporting
4118
4119 a. Detailed monitoring and reporting:
4120 Republic Services as the responsible agent to fulfill several of its 4121 responsibilities under AB 341, AB 939, AB 1594, and SB 1383. However, 4122 Pinole cannot delegate its authority to Republic Services for the imposing 4123 of civil penalties to non-compliant generators.
4124 b. Method Used to Track Tonnage: It is required that all collection 4125 vehicles are weighed daily after collection at each of the designated 4126 post-collection facilities. All truck weights are captured, reported, and 4127 maintained through our PC Scales software.
4128
4129 Process for Reporting Complaints: We track all service recipient complaints through 4130 our InfoPro system and record notes within the customer’s account. Should there be 4131 any disputes we will provide the full-service log to the Cities as required by the RFP. 4132 Please refer to our Customer Service Plan for a detailed process on the protocols for 4133 all customer service interactions
DRAFT 042525 Page 127 of 134
4134 Exhibit 7
4135 Processing and Disposal Facilities
4136 Dictated by the terms of the West Contra Costa County Integrated Waste Management Authority 4137 Post-Collection Agreement.
4138 For the purposes of this Agreement, it is assumed that all processing and disposal facilities 4139 are those currently used by the City as per the terms of the West Contra Costa County Integrated 4140 Waste Management Authority Post-Collection Agreement. These facilities may change in 4141 accordance with Section 30.01.A.
4142 West County Resource Recovery – Recycling Center
4143 ▪ Address: 101 Pittsburg Ave. Richmond, CA 94801
4144 ▪ Owner/ Operator: Republic Services
4145 ▪ Permit Status: Current**
4146 ▪ Permitted Capacity: 1,200 tons per day
4147 Republic Services has equipped the West County Resource Recovery Center with cutting4148 edge sorting technology, capable of processing over 200 tons of residential, commercial, and 4149 industrial recycling daily. This innovation helps meet the growing demand for recycling and 4150 empowers our customers to achieve their sustainability goals. WCRR also provides CRV recycling 4151 buyback, mattress recycling for member agency cities of the West County JPA, and Household 4152 Hazardous Waste (HHW) drop-off for all residents of West Contra Costa County. Compost 4153 giveaway is offered once a month for West County residents. 4154 Household Hazardous Waste Facility
4155 ▪ Address: 101 Pittsburg Ave. Richmond, CA 94801
4156 ▪ Owner/ Operator: Republic Services
4157 ▪ Permit Status: Current** Permitted Capacity: no tons per day limit 4158 The HHW facility offers no-cost (SFD) drop offs of common household hazardous waste 4159 materials such as automotive fluids, batteries, fluorescent light bulbs, paints, stains, solvents, etc. 4160 Drop off is currently available to all West Contra Costa County residents. Additionally, mattresses, 4161 box springs, and futons may also be dropped off at the HHW facility by Richmond. 4162 Golden Bear Transfer Station
4163 ▪ Address: 1 Parr Blvd, Richmond, CA
4164 ▪ Owner/ Operator: Republic Services
4165 ▪ Permit Status: Current**
4166 ▪ Permitted Capacity:
4167 BAAQMD Tonnage: 2,000 tpd; 730,000 tpy
DRAFT 042525 Page 128 of 134
4168 SWFP Tonnage:1,000 tpd 7-day average; peak of 1,400 tpd. tonnage not to go over 7,000 4169 tons per week.
4170 – SWFP Trips: 1,706 vehicle trips per day
4171 The Golden Bear Transfer Station processes approximately 440 tons of municipal solid 4172 waste (MSW) per day. Materials such as metals, mattresses, tires, electronics, and carpet are 4173 diverted from the MSW pile and recovered for recycling purposes. 4174 West Contra Costa Sanitary Landfill Organics Material Processing Facility 4175 ▪ Address: 1 Parr Blvd, Richmond, CA
4176 ▪ Owner/ Operator: Republic Services
4177 ▪ Permit Status: In Review**
4178 ▪ Permitted Capacity:
4179 – SWFP Tonnage: 1,134 tons/day maximum
4180 – BAAQMD Permit Tonnage: 130,000 tons across any consecutive 12-month period 4181 WCCSL's 2017 CASP upgrade processes 325 tons of organics daily, achieving 50% 4182 faster composting, 25% water reduction, and 95% lower emissions compared to the old system. 4183 West Contra Costa Sanitary Construction and Demolition Recycling Facility 4184 ▪ • Address: 1 Parr Blvd, Richmond, CA
4185 ▪ Owner/ Operator: Republic Services
4186 ▪ Permit Status: In Process**
4187 ▪ Permitted Capacity:
4188 – SWFP Tonnage: 196 tons/day or 51,000 tons/year
4189 – BAAQMD Tonnage
4190 ⧫ Concrete: 30,000 tons across any consecutive 12-month period 4191 ⧫ Wood: 19,000 tons across any consecutive 12-month period 4192 The C&D facility accepts concrete, dirt, clean wood, and mixed C&D debris for recovery. 4193 On average, the facility processes approximately 27 tons of material per day. 4194
4195
DRAFT 042525 Page 129 of 134
4196 Exhibit 8
4197 Sustainability and Compliance Plan
4198 Meeting Diversion Requirements
4199 Diversion Programs SFD
4200 Republic Services shall continue to offer the following collection programs to Single Family Dwellings, 4201 Multi-Family Dwellings, commercial, and industrial customers. 4202 • Green Container for Commingled Organic Waste
4203 o Only food waste, yard waste, green waste, and food-soiled paper allowed in each 4204 container.
4205 • Blue Container for Recyclables
4206 o Traditional recyclables, such as bottles, cans, plastics, and organic waste such as paper 4207 and cardboard
4208 • Black Container for Non-Organic Waste
4209 o Items destined for a landfill that cannot be recycled or composted (including animal waste) 4210 MFD & Commercial Diversion Programs
4211 Republic Services offers a wide range of recycling program container sizes, frequencies, and opportunities 4212 for reduced MSW collections from customers’ current service levels:
4213 • Website availability of diversion requirements Tips to becoming a better recycler. 4214 • Recycling insights and information
4215 • (PBS) Where does your recycling go? Recycling Simplified 4216 • Sustainability program leader initiative
4217 • MFD service guides
4218 • MFD brochures
4219 • MFD toolkit
4220 • Posters, guides, stickers, bin labeling – Sustainability Advisors shall provide this material during 4221 initial site visit and as needed in the future.
4222 • Waste presentations and trainings – Sustainability Advisors will provide waste trainings to staff, 4223 managers, janitors, etc. to encourage proper sorting and program participation. 4224 Republic intends to be a fully active and committed partner to educate the customer base, enrolling 4225 them in required recycling programs and shifting away from the voluntary mindset to comply with the law. 4226 To achieve this, it is recommended that the city establish a mandatory participation ordinance with 4227 enforceable actions to ensure joint success.
4228
4229 Bulky Waste Diversion Program: On-call curbside household bulky items & electronic waste pickup:
4230 • Mattresses
4231 • TVs
4232 • White goods (refrigerators, washers, dryers, household appliances) 4233 We utilize two of our facilities: the Household Hazardous Waste Facility to divert mattresses, box springs, 4234 and futons and the Golden Bear Transfer Station to divert materials such as metals, white goods, 4235 mattresses, tires, electronics, and carpet.
4236
4237
DRAFT 042525 Page 130 of 134
4238 C&D Waste Diversion Program
4239 For construction and demolition projects, services will be performed in a manner that complies with 4240 CalGreen requirements, which currently includes a 65% minimum diversion rate stipulation at all covered 4241 projects.
4242
4243 Air Emission Reduction
4244 All collection vehicles are in compliance with CARB’s low carbon alternative fuel regulations. Consistently 4245 well-maintained collection vehicles greatly cut emissions (and noise) reducing wear and tear on City 4246 Streets. Optimized routes reduce vehicle miles traveled and street wear and tear. Republic has partnered 4247 with its equipment manufacturers to design vehicles that have increased carrying capacity, which 4248 minimizes trips to the transfer station, reducing vehicle miles traveled. 4249 Environmental Stewardship
4250 We use renewable fuel vehicles for all collection activities. 4251 Recycled Products – Operations
4252 Vehicle fluids recycling - We recycle all capturable vehicle fluids through a local vendor allowing for 4253 circularity of any necessary hydrocarbon fluids.
4254 Maintenance core returns
4255 • Most parts used within our trucks use “cores” which can be refurbished and reused within a future 4256 remanufactured part.
4257 • Use of local parts vendors to reduce GHG emissions 4258 • In order to maintain our fleet in the most efficient manner and support the local vendor network 4259 we primarily source our parts from local vendors which has a beneficial effect of reducing GHG 4260 emissions from shipping parts over long distances. 4261 Metal recycling. We take every opportunity to recycle metals within our maintenance processes to avoid 4262 wasteful introduction of primary metals and recover some of our cost of purchase, thereby reducing rates 4263 to service recipients.
4264 Tire recycling. All tires that are worn to the point of being removed from service or irreparably damaged 4265 are diverted from landfills via partnering with our tire partner. 4266
4267 Water and Power Conservation /Waste Reduction and Reuse 4268 • 3 stream system set up in breakrooms to capture all food waste, recycling, and trash 4269 o Each desk area has recycling baskets
4270 o Recycling baskets are readily available at all printer stations around the office. 4271 o Nearly all employees have their own reusable water bottle. 4272 o Kitchen is stocked with re-usable cups, plates, and utensils to minimize single use waste 4273 • E-waste (laptops, cell phones, keyboards, printer ink) is returned to IT for recycling and internal 4274 reuse
4275 o Batteries and other HHW are collected and dropped off to the HHW facility in Richmond 4276 o Electricity is reduced after hours and weekends
4277 • Upgraded water system – integrated filtration system that eliminates the need for single use plastic 4278 water bottles and water jugs
4279 Our office fosters a culture of sustainability through a comprehensive waste reduction and recycling 4280 program. Breakrooms boast a 3-stream system for food scraps, recyclables, and general trash, while 4281 personal recycling baskets sit at every desk. Printer stations are equipped with readily available recycling 4282 bins, and nearly all employees carry their own reusable water bottles, minimizing single-use plastic. The
DRAFT 042525 Page 131 of 134
4283 kitchen is stocked with reusable plates and utensils, minimizing single-use waste. Even electronics get a 4284 second life through responsible e-waste recycling by the IT team. Responsible energy use extends to 4285 after-hours and weekends with reduced electricity consumption, and a state-of-the-art water filtration 4286 system eliminates the need for plastic water bottles. Additionally, the commitment to sustainability extends 4287 beyond waste, with electricity being conserved after hours and weekends, demonstrating our dedication to 4288 both environmental and economic responsibility.
4289 Innovative “Green Approach”
4290 Innovative Facilities
4291 Polymer Center Plastic Circularity – Polymer Center with increasing desire to address the plastic recycling 4292 challenges, Republic Services offers a unique and leading ability to enable greater plastic circularity for 4293 our municipalities. There is a growing gap in the North American supply chain for recovered plastics to 4294 serve Consumer Packaged Goods (CPG) manufacturers’ increasing goals as well as state legislation 4295 mandating circularity. This is driven by the inability for traditional recycling centers to generate the CPG 4296 level quality that manufacturers need, as well as the barrier that exist for a third party to aggregate 4297 enough volume to make such business economically viable. Republic Services has a solution for this 4298 challenge.
4299 Understanding the Market
4300 Plastic packaging in North America faces a challenge to achieve circularity in recycling. For example, the 4301 likelihood of a water bottle in America becoming another water bottle is slim. This is attributed to three key 4302 factors: 1) public education, 2) lack of proper recycling opportunities, and 3) the ability of the plastic 4303 material to be properly separated and aggregated into a quality that manufacturers can accept into their 4304 production lines. Public education and proper recycling opportunities are tightly coupled. Typical PET 4305 water bottles for instance, are designed for convenience, and are likely disposed of away from home in 4306 waste containers destined for a landfill. Municipalities that work on public education, as well as 4307 comprehensive placement of recycling containers throughout the municipality, create a much higher 4308 probability that plastics will make their way to a modern recycling center, rather than a landfill. However, 4309 once plastics arrive at a modern recycling center, the technology design at these facilities yields a bale that 4310 contains a mix of cross-contamination, which means the bale contains plastic grades that are not 4311 optimized for the increasing CPG goals and quality requirements. Currently, a majority of PET that is 4312 recovered in a modern recycling center is “downcycled” into carpet and textiles. Of roughly 14 million tons 4313 of North American consumer packaging plastics that are generated every year, 10M tons are landfilled, 4314 and 2M tons are incinerated. Of the 2M tons that are recovered through modern recycling programs and 4315 centers, 1.7M tons are “downcycled,” while only 0.3M tons (2%) can achieve circularity. 4316 Covered Aerated Static Pile (CASP) System
4317 In 2017, WCCSL transitioned from a windrow compost system to a Covered Aerated Static Pile (CASP) 4318 system. The new CASP system utilizes components directly from landfill gas collection system equipment 4319 including HDPE headers and aerators, blower systems, and state-of-the-art SCADA system temperature 4320 and moisture controls. Advantages of the CASP are up to 95% reduction in emissions when compared to 4321 the windrow system, 50% reduction in composting time, and 25% reduction in water use The facility 4322 receives approximately 85,000 tons per year (or about 325 tons per day) of organics. All facilities are local. 4323 Compost is donated back to the community via compost giveaways.
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4324 Exhibit 9
4325 Education and Outreach Plan
4326
4327 Prior to Service Start Activities
4328 1. Notification to all customers of the new contract 4329 2. Include language on future communications detailing any new and enhanced services. 4330 3. Update Republic Services website with new agreement programs and services. 4331 Implementation Programs
4332
4333 Schedule of Materials/Service Brochures/Site Visits 4334 Republic Services will implement and distribute the following education and outreach materials currently in 4335 practice:
4336 Recyclability of materials brochure
4337 Acceptable/unacceptable organics brochure
4338 Technical assistance site visits (at least 20 phone calls per month and 40 site visits across all 4339 commercial customers. Each customer will be visited once every five years.) 4340 • How-to posters (distributed during site visits) Public events and booths (on-call) 4341 • Various outreach (on-call):
4342 • Social Media
4343 HOAs
4344 Civic Groups
4345 6. Annual service brochures mailed to all new customers. 4346 7. Quarterly newsletters (value added service offering by Republic Services) 4347 8. City specific website (ongoing)
4348
4349 Community Meetings: Republic Services may schedule meetings and/or public presentations to HOAs, 4350 business and neighborhood groups, volunteer organizations, etc. to provide recycling-related information 4351 and encourage compliance with programs/mandatory collection services. 4352 Written Notices and Outreach Material: Service guides shall be mailed to each new customer which 4353 include Republic Services’ Residential Service Guide. This service guide outlines sorting of materials for 4354 proper disposal shown through both text and images. It shall also outline the proper handling of universal 4355 and hazardous wastes, proper cart set-out procedures, weekly collection schedule, holiday schedule and 4356 additional resources for customers. Republic Services shall prepare and distribute an annual mailer 4357 promoting compost giveaways, Christmas tree collection, and other collection activities. The direct mail 4358 piece shall include the date and time of each event, regular weekly collection schedule, acceptable 4359 materials for collection and any relevant set-out instructions. Republic Services shall prepare and 4360 distribute quarterly newsletters to all customers that creatively inform residents and businesses about 4361 collection and waste reduction programs.
4362 City, School, Facilities, and Business Community Programs: In pursuit of maximizing waste diversion 4363 within the City of Pinole, Republic Services, proposes a multifaceted approach encompassing targeted 4364 community campaigns and empowered Sustainability Advisors. Republic Services proposes the following:
4365 Increase diversion through targeted campaigns.
4366 Comprehensive service guide for commercial customers and staff 4367 Maximize diversion and compliance via site visits, waste audits and contamination tags. 4368 Highlight and award exemplary commercial businesses. 4369 Offer interior recycling.
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4370 City Staff Training: We will commit to collaborating with city staff and developing training education 4371 materials tailored to the city staff, public works facilities, and processes to achieve the highest level of 4372 diversion.
4373 Engaging residents of MFDs: To empower the City of Pinole MFD communities to become active 4374 participants in responsible waste management, Republic Services has established a comprehensive 4375 recycling initiative built on three pillars: information, engagement, and convenience. To achieve ambitious 4376 state diversion goals, Republic Services prioritizes aggressive public education, particularly targeting 4377 MFDs. Through dedicated outreach efforts, we empower MFDs to become active participants in 4378 responsible waste management:
4379
4380 Engaging Spanish-speaking residents:
4381 Translating educational materials into Spanish.
4382 Recognizing diverse voices, Spanish presentations may be delivered by bilingual Sustainability Advisors 4383 and shall ensure inclusivity for ESL students, effectively educating and engaging a broader audience to 4384 participate in waste diversion.
4385
4386 Methods to Reduce Contamination:
4387 Produce and distribute Multi-Family Service Guide and other collateral materials designed specifically to 4388 reach multi-family residents. These items shall describe topics such as: how to prepare and sort materials 4389 for disposal collection
4390
DRAFT 042525 Page 134 of 134
4391 Exhibit 10
4392 Acceptable Recyclable Materials
4393 Recyclable Materials include, but are not limited to:
4394
1. Aluminum cans
2. Aerosol cans
3. Aseptic containers
4. Brochures
5. Cardboard
6. Cereal boxes
7. Clothes hangers (both plastic
and metal)
8. Computer paper
9. Coupons
10. Envelopes
11. Frozen food boxes and trays
12. Glass bottles/jars
13. Glass cosmetic bottles
14. Juice and milk cartons
15. Junk mail
16. Laundry bottles
17. Magazines/catalogs
18. Mixed plastics (including rigid
plastic packaging and other
food containers)
19. Newspaper
20. Paper
21. Paper tubes
22. Phone books
23. Pizza boxes
24. Plastic containers #1-#7
25. Plastic film and wrapping
26. Plastic milk jugs
27. Plastic bags
28. Polystyrene (Styrofoam)
29. Tin cans
30. Tissue boxes
31. Wrapping paper
4395