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DRAFT SOLID WASTE COLLECTION AGREEMENT 5
6 Executed Between the 7
City of Richmond and Richmond Sanitary Service, Inc. 8
d/b/a Republic Services of Richmond. 9
10 This ___ day of ___ 2025 11
12 13
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TABLE OF CONTENTS 14
Solid Waste Collection Agreement 15
16 Table of Contents 17
Article 1. Definitions ................................ ................................ ................................ ........... 5 18 Article 2. Term of Agreement ................................ ................................ ........................... 18 19 Article 3. Conditions Governing Services Provided by Contractor ................................ ...... 18 20 Article 4. Franchise Fees and Payments................................ ................................ ........... 20 21 Article 5. General Requirements ................................ ................................ ...................... 21 22 Article 6. Collection Service Rates ................................ ................................ .................... 28 23 Article 7. Collection Service Billing ................................ ................................ ................... 32 24 Article 8. Diversion Requirements ................................ ................................ .................... 33 25 Article 9. Service Unit Types ................................ ................................ ............................ 36 26 Article 10. Residential Service ................................ ................................ .......................... 37 27 Article 11. MFD Service ................................ ................................ ................................ ... 43 28 Article 12. Commercial Service ................................ ................................ ........................ 50 29 Article 13. Industrial Service ................................ ................................ ............................. 57 30 Article 14. City Services ................................ ................................ ................................ ... 57 31 Article 15. Additional Services ................................ ................................ .......................... 60 32 Article 16. Collection Routes ................................ ................................ ............................ 62 33 Article 17. Minimum Performance Standards ................................ ................................ .... 63 34 Article 18. Collection Equipment ................................ ................................ ....................... 65 35 Article 19. Contractor’s Office ................................ ................................ ........................... 69 36 Article 20. Contractor Support Services ................................ ................................ ............ 69 37 Article 21. Emergency Service ................................ ................................ ......................... 76 38 Article 22. Record Keeping and Reporting Requirements ................................ .................. 77 39 Article 23. Nondiscrimination ................................ ................................ ............................ 84 40 Article 24. Service Inquiries and Complaints ................................ ................................ ..... 84 41 Article 25. Quality of Performance of Contractor ................................ ............................... 85 42 Article 26. Performance Bond ................................ ................................ .......................... 87 43 Article 27. Insurance ................................ ................................ ................................ ........ 87 44 Article 28. Hold Harmless and Indemnification ................................ ................................ .. 87 45 Article 29. Default of Agreement ................................ ................................ ....................... 93 46 Article 30. Modifications to the Agreement ................................ ................................ ........ 95 47 Article 31. Legal Representation ................................ ................................ ...................... 96 48 Article 32. Conflict of Interest ................................ ................................ ........................... 96 49 Article 33. Contractor's Personnel ................................ ................................ .................... 96 50 Article 34. Exempt Waste ................................ ................................ ................................ . 97 51 Article 35. Independent Contractor ................................ ................................ ................... 98 52 Article 36. Laws to Govern ................................ ................................ ............................... 98 53 Article 37. Consent to Jurisdiction ................................ ................................ .................... 98 54
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Article 38. Assignment ................................ ................................ ................................ ..... 98 55 Article 39. Compliance with Laws ................................ ................................ ..................... 99 56 Article 40. Permits and Licenses ................................ ................................ ...................... 99 57 Article 41. Ownership of Written Materials ................................ ................................ ........ 99 58 Article 42. Waiver ................................ ................................ ................................ .......... 100 59 Article 43. Prohibition Against Gifts ................................ ................................ ................ 100 60 Article 44. Point of Contact................................ ................................ ............................. 100 61 Article 45. Notices ................................ ................................ ................................ ......... 100 62 Article 46. Transition to Next Contractor ................................ ................................ ......... 101 63 Article 47. Contractor’s Records ................................ ................................ ..................... 101 64 Article 48. Entire Agreement ................................ ................................ .......................... 102 65 Article 49. Severability ................................ ................................ ................................ ... 102 66 Article 50. Right to Require Performance ................................ ................................ ........ 103 67 Article 51. All Prior Agreements Superseded ................................ ................................ .. 103 68 Article 52. Headings ................................ ................................ ................................ ...... 103 69 Article 53. Exhibits ................................ ................................ ................................ ......... 103 70 Article 54. Attorney’s Fees ................................ ................................ ............................. 103 71 Article 55. Commencement Date ................................ ................................ .................... 103 72 Exhibit 1 Maximum Service Rates ................................ ................................ ................... 105 73 Exhibit 2 List of City Facilities and Service Levels ................................ ............................ 106 74 Exhibit 3 Collection Container Specifications ................................ ................................ ...111 75 Exhibit 4 Transition Plan ................................ ................................ ................................ .114 76 Exhibit 5 Administrative Charges and Penalties ................................ ............................... 116 77 Exhibit 6 Customer Service Plan ................................ ................................ ..................... 120 78 Exhibit 7 Collection Service Operations Plan ................................ ................................ ...122 79 Exhibit 8 Processing and Disposal Facilities ................................ ................................ ....129 80 Exhibit 9 Sustainability and Compliance Plan................................ ................................ ...131 81 Exhibit 10 Education and Outreach Plan................................ ................................ ..........137 82 Exhibit 11 Acceptable Recyclable Materials ................................ ................................ .....139 83 Exhibit 12 Zero Emission Vehicles 84
Exhibit 13 Insurance Requirements 85
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This Solid Waste Collection Agreement (“Agreement”) is hereby entered into by and between the 86 City of Richmond, a charter city existing under the laws of the State of California (“City”) , and Richmond 87 Sanitary Service, Inc., a California [Corporation] (“Contractor”), as of ______, 2025, under the terms and 88 conditions set forth herein. 89
90 RECITALS 91
The Legislature of the State of California, by enactment of the California Integrated Waste 92 Management Act of 1989 (the “Act”) and subsequent additions and amendments (codified at California 93 Public Resources Code Section 40000 et seq.), has declared that it is in the public interest to authorize and 94 require local agencies to make adequate provisions for garbage collection within their jurisdiction. 95 The State of California has found and declared that the amount of garbage generated in California, 96 coupled with diminishing landfill space and potential adverse environmental impacts from landfilling and the 97 need to conserve natural resources, have created an urgent need for State and local agencies to enact and 98 implement an aggressive integrated waste management program. The State has, through enactment of the 99 Act, directed the responsible State agency, and all local agencies, to promote disposal site diversion and 100 to maximize the use of feasible garbage reduction, re-use, recycling, and composting options to reduce the 101 amount of garbage that must be disposed of in disposal sites. 102 Pursuant to its Municipal Code and California Public Resources Code Section 40059(a) as may be 103 amended from time to time, City has determined that the public health, safety, and well-being require that 104 an exclusive right be awarded to a qualified contractor to provide for the collection of garbage, recyclable 105 materials, and organic waste materials, except for collection of materials excluded in City’s Municipal Code, 106 and other services related to meeting the Act’s fifty percent (50%) diversion goal and other requirements of 107 the Act. 108
City further declares its intent to regulate and set the maximum rates Contractor may charge 109 Service Recipients for the collection of garbage, recyclable materials, and organic waste materials. 110 The City Council has determined that Contractor, by demonstrated experience, reputation, and 111 capacity, is qualified to provide for the collection of garbage, recyclable materials, and organic waste 112 materials within the corporate limits of City and the transportation of such material to appropriate places for 113 processing, recycling, composting, and/or disposal; and City Council desires that Contractor be engaged 114 to perform such collection services on the basis set forth in this Agreement; and Contractor has represented 115 that it has the ability and capacity to provide for the collection of garbage, recyclable materials, and organic 116 waste materials within the corporate limits of City and the transportation of such material to appropriate 117 places for processing, recycling, composting and/or disposal. 118 By Resolution No. ___, the City Council of City duly approved this Agreement, together with the 119 Franchise Fee, Contractor payments to City, and other City -imposed fees provided for in the Agreement 120 (collectively “City Imposed Fees”), and found and determined that such City Imposed Fees were both 121 necessary and reasonably reflect, or are less than, the actual costs City that will incur in the administration 122 of the contracted services, compliance with mandatory state laws and regulations related to the contracted 123 services, and to mitigate the impacts contracted services will have on City streets. 124 125
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OPERATIVE PROVISIONS 126
Now, therefore, in consideration of the mutual covenants, agreements and consideration contained 127 in this Agreement, City and Contractor agree as follows: 128 Article 1. Definitions 129
For the purpose of this Agreement, the definitions contained in this Article apply unless otherwise 130 specifically stated. When not inconsistent with the context, words used in the present tense include the 131 future, words in the plural include the singular, and words in the singular include the plural. Use of the 132 masculine gender includes the feminine gender. The meaning of terms or words not defined in this Article 133 will be as defined in the Integrated Waste Management Act, or if not defined therein, then as commonly 134 understood in the Solid Waste Collection industry when the common understanding is uncertain. 135
1.01 AB 341. “AB 341” means State of California Assembly Bill No. 341 approved October 5, 136 2011. AB 341 requires businesses, defined to include commercial or public entities that generate more than 137 4 cubic yards of commercial Solid Waste per week or multifamily residential dwellings of 5 units or more, to 138 arrange for Recycling services and requires jurisdictions to implement a commercial Solid Waste Recycling 139 program. 140
1.02 AB 827. “AB 827” means State of California Assembly Bill No. 827 approved October 02, 141 2019. AB 827 requires businesses that are mandated to recycle under AB 341 (“MCR”) and/or mandated to 142 recycle Organic Waste under AB 1826 (“MOR e”) or SB 1383 and that provide customers access to the 143 business, to provide customers with a Recyclable Materials Bin and/or Organic Waste Collection Bin for those 144 waste streams that is visible, easily accessible, and adjacent to each Bin or Container for trash. 145
1.03 AB 939. “AB 939” or “The Act” means “The California Integrated Waste Management Act 146 of 1989” , codified in part in Public Resources Code §§ 40000 et seq ., and such regulations adopted by 147 California Department of Resources Recycling and Recovery (CalRecycle) for implementation of the Act, or 148 its successor agency, including but not limited to, the Jobs and Recycling Act of 2011 (AB 341), SB 1016 149 (Chapter 343, Statues of 2008 [Wiggins, SB 1016]), and the Mandatory Commercial Organics Recycling Act 150 (AB 1826). 151
1.04 AB 1594. “AB 1594” means State of California Assembly Bill No. 1594 , approved 152 September 28, 2014. AB 1594 provides that as of January 1, 2020, the use of green material as Alternative 153 Daily Cover does not constitute Diversion through Recycling and would be considered Disposal. 154
1.05 Reserved. 155
1.06 AB 1826. “AB 1826” means State of California Assembly Bill No. 1826 , approved 156 September 28, 2014. AB 1826 requires each jurisdiction, on and after January 1, 2016, to implement an 157 Organic Waste Recycling program to Divert from the landfill Organic Waste from businesses. Each business 158 meeting specific Organic Waste or Solid Waste generation thresholds phased in from April 1, 2016, to January 159 1, 2020, is required to arrange for Organic Waste Recycling services. 160
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1.07 AB 3036. “AB 3036” means State of California Assembly Bill No. 3036 , approved 161 September 27, 2018. AB 3036 prohibits a County, City, District, or local government agency from subjecting 162 the hauling of certain byproducts from the processing of food or beverages to an exclusive franchise, contract, 163 license, or permit. 164
1.08 Administrative Charges and Penalties . “Administrative Charges and Penalties” means 165 those charges listed in Exhibit 5 to this Agreement. 166
1.09 Agreement. “Agreement” means the written Solid Waste Collection Agreement between 167 the City and the Contractor covering the work to be performed, as well as all contract documents attached to 168 the agreement and made a part thereof. 169
1.10 Agreement Administrator. “Agreement Administrator” means the City Manager, or his or 170 her designee, designated to administer and monitor the provisions of the Agreement. 171
1.11 Agreement Year. “Agreement Year” means each twelve (12) month period from July 1 to 172 June 30 during the Term of this Agreement. 173
1.12 Alternative Fuel Vehicle. “Alternative Fuel Vehicle” means a vehicle whose engine uses a 174 fuel other than gasoline or diesel fuel, such as compressed natural gas (CNG) or other fuel with comparably 175 low emissions of air pollutants regulated under the California Clean Air Act, Health, and Safety Code Section 176 39000 et seq. or the South Coast Air Quality Management District’s rules and regulations including Rule 1193. 177
1.13 Applicable Law. “Applicable Law” shall mean all Federal, state, county, and local laws, 178 regulations, rules, orders, judgments, decrees, permits, approvals, or other requirements of any governmental 179 agency having jurisdiction over an aspect of this Agreement that are in force on the Effective Date, including, 180 without limitation, the City’s Municipal Code, the California Integrated Waste Management Act of 1989 (Public 181 Resources Code Section 40000 et seq.) as amended as of the Effective Date, inclusive (without exclusion to 182 other amendments not referenced here) of AB 939, AB 341, AB 1826, AB 1594, SB 1383, and inclusive of all 183 regulations implementing the same. It shall also include City’s current Corrective Action Plan, as issued by 184 the California State Auditor. 185
1.14 Bin. “Bin” means a metal or plastic waste Container designed or intended to be 186 mechanically serviced by a commercial front-end loader vehicle. It shall be designed to hold from one (1) to 187 six (6) cubic yards of material with the lid properly closed. The specifications for Contractor-provided Bins are 188 set forth in Exhibit 3. 189
1.15 Biohazardous or Biomedical Waste. “Biohazardous or Biomedical Waste” means any 190 waste which may cause disease or reasonably be suspected of harboring pathogenic organisms; included 191 are waste resulting from the operation of medical clinics, hospitals, and other facilities processing wastes , 192 which may consist of, but are not limited to, human and animal parts, contaminated bandages, pathological 193 specimens, hypodermic needles, sharps, contaminated clothing, and surgical gloves. 194
1.16 Box. “Box” means a large open-top rectangular metal Container used to store and transport 195 Solid Waste, Recyclable Materials, Green Waste, Construction and Demolition Debris , or other materials, 196
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Collected using a special vehicle equipped with hooks and a winch to pull the Box onto the flat bed of the 197 truck for transport. 198
1.17 Bulky Waste. “Bulky Waste” means furniture, household appliances, automobile tires, 199 shipping crates and containers , carpets, mattresses, oversized yard waste such as tree trunks and large 200 branches if no larger than two feet in diameter and four feet in length, and similar large bulky or heavy items 201 not normally discarded on a regular basis at a residential, commercial, or business establishment and which 202 do not fit in a regular Collection Container and require special handling due to their size but can be Collected 203 and transported without the assistance of special loading equipment (such as forklifts or cranes) and without 204 violating vehicle load limits . “Bulky Items” do not include Construction and Demolition Debris or Electronic 205 Waste, the latter of which is regarded as Universal Waste and the Disposal of which is governed by the 206 Department of Toxic Substances Control. 207
1.18 Business Day. “Business Day” means any Monday through Friday, excluding any holidays 208 as defined in Section 1.58. 209
1.19 Calendar Year. “Calendar Year” means each twelve (12) month period from January 1 to 210 December 31. 211
1.20 Cart. “Cart” means a heavy plastic receptacle with a rated capacity of at least twenty (20) 212 and not more than one hundred (100) gallons, having a hinged tight-fitting lid and wheels, that is provided by 213 the Exclusive Franchise Solid Waste Contractor, approved by the City, and used by Service Recipients for 214 Collection, accumulation, and removal of Solid Waste from commercial, industrial, or residential Premises in 215 connection with Exclusive Franchise Solid Waste Collection. The specifications for Contractor-provided Carts 216 are set forth in Exhibit 3. 217
1.21 CERCLA. “CERCLA” means the Comprehensive Environmental Response, Compensation 218 and Liability Act of 1980, 42 U.S.C. Sections 9601 and following, as may be amended and regulations 219 promulgated thereunder. 220
1.22 Change in Law. “Change in Law” means the occurrence of any of the following events after 221 the Effective Date, affecting the Parties’ responsive obligations or the performance of their respective 222 obligations under this Agreement (except for any payment obligations): (i) the enactment, adoption, 223 promulgation, amendment, repeal, judicial interpretation, or formal administrative interpretation of any 224 Applicable Law; (ii) the issuance of any order or judgment of any Federal, state, or local court or agency in a 225 proceeding to which a Party is a party, but not to the extent such order or judgment finds the Party asserting 226 there to have been a Change in Law to have been negligent or otherwise at fault; or (iii) the denial, suspension, 227 or termination of any government permit or other entitlement, but not to the extent such denial, suspension, 228 or termination is the result of any act or omission of the Party asserting there to have been a Change in Law. 229
1.23 City. “City” means the City of Richmond, California, including any unincorporated areas of 230 the County that may be annexed by the City during the Initial Term and all extensions. 231
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1.24 City Collection Service. “City Collection Service” means City Clean -up Services, City 232 Garbage Collection Service, Bulky Waste Collection Services, City Organic Waste Collection Service, City 233 Recyclable Materials Service, and City-Sponsored Events Services as more partic ularly described 234 immediately below. 235
A. City Clean -up Services. On-call City requested Collection from Agreement 236 Administrator to support City services and operations. 237 B. City Garbage Collection Service. The Collection of Garbage, by Contractor, from 238 City Service Units in the Service Area, and the delivery of that Garbage to the Disposal Facility. 239 C. City Bulky Waste Collection Service. The periodic on-call Collection of Bulky Waste, 240 by Contractor, from City Service Units in the Service Area , and the delivery of that Bulky Waste to the 241 Disposal Facility, Materials Recovery Facility, or such other facility as may be appropriate under the terms 242 of this Agreement. 243
D. City Organic Waste Collection Service. The Collection of Organic Waste, by 244 Contractor, from City Service Units in the Service Area, and the delivery of those Organic Waste materials 245 to the Organic Waste Processing Facility. 246
E. City Recyclable Materials Service. The Collection of Recyclables Materials by the 247 Contractor from City Service Units in the Service Area, and the delivery of those Recyclable Materials to the 248 Materials Recovery Facility. 249
F. City-Sponsored Event Services. On-call Collection Services at City -Sponsored 250 Events. 251
1.25 City Facility. “City Facility(ies)” means any building or other site that the City owns, leases, 252 or occupies that are listed in Exhibit 2. 253
1.26 City Manager. “City Manager” means the City Manager of the City of Richmond, or his or 254 her designated representative, or any employee of the City who succeeds to the duties and responsibilities 255 of the City Manager. 256
1.27 Collect and Collection and Collected. “Collect”, “Collection”, and “Collected” all refer to the 257 removal of Solid Waste from a Service Unit and transport ation to the Disposal Facility, Organic Waste 258 Processing Facility, Materials Recovery Facility, or Transfer Station, as appropriate. 259
1.28 Collection Container. “Collection Container” means a Bin, Cart, Debris Box or Roll-Off 260 Container that is approved by the Agreement Administrator for use by Service Recipients for Collection 261 Services under this Agreement. 262
1.29 Collection Services. “Collection Services” means Contractor’s obligations under this 263 Agreement to Collect Solid Waste within the Service Area. Collection Service includes Residential Collection 264 Service, Multi-Family Dwelling (MFD) Collection Service, Commercial Collection Service, and City Collection 265 Service. 266
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1.30 Collection Vehicle. “Collection Vehicle” means a licensed vehicle that has all required 267 licenses to provide Collection Service and that has been approved by the Agreement Administrator for use 268 under this Agreement. 269
1.31 Commencement Date. “Commencement Date” has the meaning specified in Section 2.01 270 of this Agreement. 271
1.32 Commercial Collection Service. “Commercial Collection Services” means Collection 272 Service provided to Commercial Service Units. Commercial Collection Service specifically includes the 273 following: 274
A. Commercial Garbage Collection Service. The Collection of Garbage by Contractor 275 from Commercial Service Units in the Service Area , and the delivery of that Garbage to the Disposal 276 Facility. 277
B. Commercial Organic Waste Collection Service. The Collection of Organic Waste, 278 by Contractor, from Commercial Service Units in the Service Area and the delivery of those Organic Waste 279 materials to the Organic Waste Processing Facility. 280 C. Commercial Recyclable Materials Collection Service. The Collection of Recyclable 281 Materials, by Contractor, from Commercial Service Units in the Service Area , and the delivery of those 282 Recyclable Materials to the Materials Recovery Facility. 283
1.33 Compactor. “Compactor” means any Collection Container which has a compaction 284 mechanism, whether stationary or mobile. 285
1.34 Compost. “Compost” means the act or product of the controlled biological decomposition 286 of Organic Wastes that are Source Separated or are separated at a centralized facility. Compost may also 287 include the product of anaerobic digestion or other conversion technologies. 288
1.35 Construction and Demolition Debris. “Construction and Demolition Debris ” means 289 discarded materials removed from Premises, resulting from construction, renovation, remodeling, repair, 290 deconstruction, or demolition operations on any pavement, house, commercial building, or other structure or 291 from landscaping. Such materials include, but are not limited to: “inert wastes” as defined in Public Resources 292 Code Section 41821.3(a)(1) (rock, concrete, brick, sand, soil, ceramics and cured asphalt) ; gravel; plaster; 293 gypsum wallboard; aluminum; glass; plastic pipe; roofing material; carpeting; wood; masonry; trees; remnants 294 of new materials, including paper, plastic, carpet scraps, wood scraps, scrap metal, building materials, and 295 packaging; and rubble resulting from construction, remodeling, renovation, repair and demolition operations 296 on pavements, houses, commercial buildings, and other structures. 297
1.36 Consumer Price Index (CPI). “CPI” means both the index sets published by the United 298 States Department of Labor, Bureau of Labor Statistics and, more specifically, Consumer Price Index series 299 CUSR0000SEHG, Water and Sewer and Trash Collection Services in U.S. city average, all urban 300 consumers, seasonally adjusted or its successor index. 301
1.37 Container. “Container" means a Collection Container. 302
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1.38 Contaminant. “Contaminant” means any material or substance placed into or found in a 303 Collection Container, other than the type of Source Separated material for which that Collection Container is 304 intended or reserved. For example, anything that is not Recyclable Materials is a Contaminant if placed into 305 or found in a Recyclable Materials Collection Container. Similarly, anything that is not Organic Waste is a 306 Contaminant if placed into or found in an Organic Waste Collection Container. 307
1.39 Contractor. “Contractor” means Richmond Sanitary Service, Inc., which has entered into 308 this Agreement. 309
1.40 County. “County” means Contra Costa County, California. 310
1.41 Customer. “Customer" means the owner, occupant , or user of Premises at which Solid 311 Waste is generated and then Collected by Contractor. Customers include Residential Customers, MFD 312 Customers, and Commercial Customers. City is also a receiver of Collection Services, but not a Customer. 313
1.42 Dispose or Disposal. “Disposal” or “Dispose” means the final disposition of Solid Waste at 314 a permitted landfill or other permitted Solid Waste Disposal facility, as defined in California Public Resources 315 Code Section 40192(b). 316
1.43 Disposal Facility. “Disposal Facility” means the permitted place or places listed in Exhibit 8 317 for the Disposal of Garbage or other materials as appropriate and acceptable. 318
1.44 Diversion or Divert. “Diversion” and “Divert” refer to the programs and activities that reduce 319 or eliminate the Disposal of Solid Waste in landfills, which can include source reduction, reuse, salvage, 320 Recyclable Materials, and Composting. 321
1.45 Diversion Compliance. “Diversion Compliance” means c ompliance with Diversion 322 requirements under the Act and applicable CalRecycle regulations. Should there be a Change in Law for 323 Diversion Compliance, Contractor may request a rate adjustment pursuant to Section 30.02. 324
1.46 Dwelling Unit. “Dwelling Unit” means a building or part of a building designed for residential 325 use by a single independent housekeeping unit and having separate exterior access, toilet, and facilities for 326 cooking and sleeping. 327
1.47 Edible Food. “Edible Food” has the same meaning as found in Section 9.20.010 of the 328 Richmond Municipal Code. Edible Food means food intended for human consumption. For purposes of this 329 Agreement, Edible Food is not Solid Waste if it is recovered and not discarded. Nothing in this Agreement 330 requires or authorizes the recovery of food that does not meet the food safety requirements of the California 331 Retail Food Code. 332
1.48 Edible Food Recovery. “Edible Food Recovery” means the actions to Collect and distribute 333 Edible Food and distributing it to local food recovery organizations from places where it would otherwise go 334 to waste, such as, but not limited to, restaurants, grocery stores, produce markets, school cafeterias, or dining 335 facilities. 336
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1.49 Effective Date. “Effective Date of Agreement” shall mean the date on which the Agreement 337 is signed by the duly authorized representatives and the parties and delivered by the last of the parties to sign 338 and deliver. 339
1.50 Electronic Waste (E -Waste). “E-Waste” means electronic equipment such as stereos, 340 televisions, computers, and other similar items Collected from Single-Family Dwelling (SFD) Service Units or 341 MFD Service Units. 342
1.51 Exempt Waste. “Exempt Waste” consists of “Excluded Waste” as defined in Section 343
9.20.010 of the Richmond Municipal Code as well as Biohazardous or Biomedical Waste, Hazardous Waste, 344 Sludge, automobiles, automobile parts, boats, boat parts, boat trailers, internal com bustion engines, lead-345 acid batteries, dead animals, and those wastes under the control of the Nuclear Regulatory Commission. 346
1.52 Food Waste. “Food Waste” means (a) food scraps , including all edible or inedible food 347 such as, but not limited to, fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, 348 bread, cheese, coffee grounds, and eggshells; and ( b) food -soiled paper, which is compostable paper 349 material that has come in contact with food or liquid, such as, but not limited to, compostable paper plates, 350 paper coffee cups, napkins, and pizza boxes. Food Waste excludes fats, oils, and grease when such materials 351 are Source Separated from other Food Waste. 352
1.53 Franchise Fee. “Franchise Fee” means a payment that the Contractor has voluntarily 353 agreed to pay to City in consideration of the exclusive rights granted by the City under this Agreement. City 354 and Contractor acknowledge and agree that the amount of the Franchise Fee is the result of bona fide, arms-355 length negotiations between City and Contractor . Contractor further acknowledges and agrees that the 356 amount of the Franchise Fee represents the City’s costs associated with this Agreement , Solid Waste 357 Collection, and other lawful bases and/or payment for use of tangible government property. Contractor is not 358 required by this Agreement or any City ordinance, resolution, or regulation to charge the Franchise Fee to 359 Customers. Because the Franchise Fee represents a cost to Contractor in performing services pursuant to 360 this Agreement, Contractor may, in its sole discretion, include an amount equal to the Franchise Fee in the 361 Collection Service Rates. 362
1.54 Garbage. “Garbage” means a ll putrescible and non -putrescible solid, semi -solid, and 363 associated liquid waste generated or accumulated through the normal activities of a Premises. Garbage does 364 not include Recyclable Materials, Organic Waste, or Bulky Waste that is source-separated and set out for 365 purposes of Collection and Recycling. 366
1.55 Green Waste. “Green Waste” means grass clippings, leaves, landscape and pruning 367 waste, wood materials from trees and shrubs, and other forms of organic materials generated from 368 landscapes or gardens. 369
1.56 Gross Revenue. “Gross Revenue” means all monetary amounts actually Collected or 370 received by Contractor for the provision of all services pursuant to this Agreement, including, but not limited 371 to: all receipts from Service Recipients, inclusive of late charges, contamination charges , but excluding 372 therefrom Franchise Fees.,. “Gross Revenue”, for purposes of this Agreement, does not include revenues 373
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generated from the sale of Recyclable Material, Compost, or energy ; or grants, cash awards , State of 374 California Department of Conservation payments, or rebates resulting from the performance of this 375 Agreement. 376
1.57 Hazardous Waste. “Hazardous Waste” has the same meaning as set forth in Section 377
13.50.010 of the Richmond Municipal Code. Hazardous Waste shall have the meaning set forth in California 378 Code of Regulations, Title 14 §17225.32 and Health and Safety Code §25117, or su ccessor laws and 379 regulations as may be amended from time to time. 380
1.58 Holiday. “Holiday” means New Year’s Day, President’s Day, Memorial Day, Independence 381 Day, Labor Day, Veterans Day, Thanksgiving Day, Christmas Day, and any other day recognized by 382 resolution of the City Council as a day on which waste Collection Service will not be provided until the following 383 day, excluding Sunday. 384
1.59 Home Compost Bin. “Home Compost Bin” means a portable durable Container purchased 385 by the Contractor and stored and distributed by the Contractor to SFD or MFD Service Recipients , as 386 requested, for use by those Service Recipients to Compost Organic Waste at their Premises. 387
1.60 Household Hazardous Waste (HHW). “HHW” means that waste resulting from products 388 purchased by the general public for household use which, because of its quantity, concentration, or physical, 389 chemical or infectious characteristics, may pose a substantial known or potential hazard to human health or 390 the environment when improperly treated, Disposed, or otherwise managed, or, in combination with other 391 Solid Waste, may be infectious, explosive, poisonous, caustic, or toxic, or exhibit any of the characteristics of 392 ignitability, corrosivity, reactivity, or toxicity as per California Code of Regulations Title 22, Division 4.5, 393 Chapter 11, Section 66261.3. 394
1.61 Kitchen Food Waste Pail. “Kitchen Food Waste Pail” means a plastic receptacle with a 395 rated capacity not exceeding two and one-half (2.5) gallons, having a hinged lid, suitable for use in a SFD 396 Service Unit for temporary storage of SFD Organic Waste that is approved for such purpose by City. 397
1.62 Large Item. “Large Item” means a residential household item weighing two hundred (200) 398 pounds or less that is set out for Collection as part of a Bulky Waste Collection Service. A Large Item can 399 consist of furniture (a dining or lawn furniture set of table and chairs counts as one Large Item), a household 400 appliance, automobile tires (four [4] tires count as one Large Item), shipping crates and containers, exercise 401 equipment, carpets, mattresses / box springs (a matched set of mattress and box springs counts as one 402 Large Item). A Large Item cannot consist of a commercial-size appliance. 403
1.63 Materials Recovery Facility. “Materials Recovery Facility” means the facility listed in Exhibit 404 8 to which Recyclable Materials are brought for separation into marketable Recyclable Materials. 405
1.64 Maximum Service Rate. “Maximum Service Rate” means t he maximum amount that 406 Contractor may charge Service Recipients for Solid Waste Collection, as listed in Exhibit 1, and as may be 407 adjusted in accordance with the provisions of this Agreement. The Maximum Service Rate does not include 408
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any post-collection rate that may exist for Service Recipients for any post-collection services, including such 409 services as may be provided under one or more post-collection agreements. 410
1.65 Multi-Family Dwelling ( MFD) Collection Service. “MFD Collection Service ” means 411 Collection Service that serves a Multi-Family Dwelling, and specifically includes the following: 412 A. MFD Garbage Collection Service. The Collection of Garbage, by Contractor, from 413 MFD Service Units in the Service Area, and the delivery of that Garbage to the Disposal Facility. 414 B. MFD Bulky Waste Collection Service. The periodic on -call Collection of Bulky 415 Waste, by Contractor, from MFD Service Units in the Service Area and the delivery of those Bulky Waste to 416 the Disposal Facility, Materials Recovery Facility, or such other facility as may be appropriate under the 417 terms of this Agreement. MFD Bulky Waste Collection Service may include the Collection of Bulky Waste 418 using Roll-Off Containers. 419
C. MFD Organic Waste Collection Service. The Collection of Organic Waste, by 420 Contractor, from MFD Service Units in the Service Area, and the delivery of those Organic Waste materials 421 to the Organic Waste Processing Facility. 422
D. MFD Recyclable Materials Service. The Collection of Recyclables Materials by the 423 Contractor from MFD Service Units in the Service Area , and the delivery of those Recyclable Materials to 424 the Materials Recovery Facility. 425
1.66 Municipal Code. “Municipal Code” means the City of Richmond Municipal Code. 426
1.67 Non-Collection Notice. “Non-Collection Notice” means a written notice approve d by the 427 Agreement Administrator that notifies a Service Recipient of the reason Contractor did not Collect Solid Waste 428 set out for Collection. 429
1.68 Organic Waste. “Organic Waste” has the same meaning as set forth in Section 9.20.010 430 of the Richmond Municipal Code and means Food Waste, Green Waste, Wood Waste, and food-soiled paper 431 waste that is mixed in with Food Waste. Plastic bags, including compostable plastic bags, are not accepted 432 in the City’s Organic Materials Collection program unless otherwise determined mutually by City and 433 Contractor. Paper products and printing and writing paper, each as defined in SB 1383, may be placed in 434 either the Recyclable Materials Container or the Organic Waste Container. Carpet and textiles, as well as 435 compostable plastic materials, may not be placed in either the Recyclable Materials Container or the Organic 436 Waste Container. 437
1.69 Organic Waste Collection Service. “Organic Waste Collection Service” means the 438 Collection of Organic Waste from Service Units , and the delivery of those Organic Waste materials to the 439 Organic Waste Processing Facility. 440
1.70 Organic Waste Processing Facility. “Organic Waste Processing Facility” means the facility 441 designed, operated, and legally permitted for the purpose of receiving and processing Food Waste, Green 442 Waste, and Organic Waste listed in Exhibit 8. 443
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1.71 Overage. “Overage” means Solid Waste set out for Collection either on top of or outside of 444 a Container or in any manner that either prevents the Container lid from completely closing or potentially 445 causes Solid Waste to spill during Collection by Contractor’s vehicles. 446
1.72 Premises. “Premises” means any land or building in the City where waste is generated or 447 accumulated. 448
1.73 Prohibited Container Contaminants. “Prohibited Container Contaminants” means any of 449 the following, but does not include Organic Waste specifically allowed for Collection in a Container that is 450 required to be transported to a high Diversion Organic Waste processing facility if the waste is specifically 451 identified as acceptable for Collection in that Container in a manner that complies with the requirements of 452 14 CCR Section 18984.1, 18984.2, or 18984.3 : (a) Non-Organic Waste placed in a Collection Container 453 designated for Organic Waste provided pursuant to 14 CCR Section 18984.1 or 18984.2; (b) Organic Wastes 454 that are carpet, hazardous Wood Waste, or non-compostable paper placed in the Collection Container that 455 is part of an Organic Waste Collection Service provided pursuant to 14 CCR Section 18984.1 or 18984.2; (c) 456 Organic Wastes placed in a Collection Container designated for Garbage, that pursuant to 14 CCR Section 457 18984.1 or 18984.2 were intended to be Collected separately in a Collection Container designated for Organic 458 Waste or Recyclable Materials; ( d) Organic Wastes placed in the Collection Container designated for 459 Recyclable Materials shall be considered Prohibited Container Contaminants when those wastes were 460 specifically identified in this Agreement, or through local ordinance for Collection in the Container designated 461 for Organic Waste, or mutually agreed to and promulgated by the City and Contractor; paper products, printing 462 and writing paper, wood , and dry lumber may be considered acceptable and not considered Prohibited 463 Container Contaminants if they are placed in Collection Container designated for Recyclable Materials; and 464 (e) Exempt Waste placed in any Collection Container. 465
1.74 Quarter. “Quarter” means a three-month period during a calendar year. The first Quarter is 466 January through March . The second Quarter is April through June . The third Quarter is July through 467 September. The fourth Quarter is October through December. 468
1.75 Rate Year. “Rate Year” means the period of July 1 to June 30 for each year during the 469 Term of this Agreement. 470
1.76 Recyclable Materials. “Recyclable Materials” means those materials that are separated 471 from Solid Waste prior to Disposal to be recycled, consistent with the requirements of the Act. Recyclable 472 Materials that can be placed in the Recyclable Materials Container are listed in Exhibit 11, and the term also 473 includes any other items determined by the Agreement Administrator. 474
1.77 Recycling. “Recycling” means the process of Collecting, sorting, cleansing, treating, and/or 475 marketing Recyclable Materials that would otherwise become Garbage, and returning them to the economic 476 mainstream in the form of raw material for new, reused, or reconstituted products which meet the quality 477 standards necessary to be used in the marketplace. The Collection, transportation, or Disposal of Solid Waste 478 not intended for, or capable of, reuse is not Recycling. “Recycling” does not include transformation as defined 479 in Public Resources Code Section 40201. Paper products and printing and writing paper, each as defined in 480 SB 1383, may be placed in either the Recyclable Materials Container or the Organic Waste Container. Carpet 481
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and textiles, as well as compostable plastic materials, may not be placed in either the Recyclable Materials 482 Container or the Organic Waste Container. 483
1.78 Residential Collection Service. “Residential Collection Service” means ongoing regularly 484 scheduled Collection of Solid Waste by an Exclusive Franchise from Residential Service Units and MFD 485 Service Units, and the delivery of that Solid Waste to the Disposal Facility, Materials Recovery Facility, and/or 486 Organic Waste Processing Facility. 487
1.79 Residential Premises. “Residential Premises” means : (i) any building or structure, or 488 portion thereof, that is used for residential housing purposes and has four (4) or fewer distinct living units; and 489 (ii) any multiple-unit residential complex which, with the prior written approval of the City Manager, receives 490 Solid Waste Collection using standard residential Containers. 491
1.80 Roll-Off Container. “Roll-Off Container” means a metal Container with a capacity of ten 492 (10) or more cubic yards that is normally loaded onto a specialized Collection vehicle and transported to the 493 appropriate facility. 494
1.81 SB 1383. “SB 1383” means State of California Senate Bill 1383 , Short-lived Climate 495 Pollutants: Organic Waste Reductions, approved September 19, 2016, and the regulations implementing the 496 law, Title 14, Code of California Regulations (CCR), Chapter 12. 497
1.82 SB 54. “SB 54” means State of California Senate Bill 54, Plastic Pollution Prevention and 498 Packaging Producer Responsibility Act, approved June 30, 2022, and the regulations implementing the law, 499 adding Chapter 3 within Part 3 of Division 30 of the California Public Resources Code. 500
1.83 Self-Haul. “Self-Haul” means the Collection of Solid Waste by the resident, owner, or 501 occupant of the Premises on which the Solid Waste was generated, in accordance with the requirements of 502 the Municipal Code. 503
1.84 Service Area. “Service Area” means that area within the city limits of the City of Richmond 504 designated by City as the Service Area. 505
1.85 Service Recipient. “Service Recipient” means an individual or entity receiving Collection 506 Service. Service Recipient and Customer are used interchangeably depending on context. 507
1.86 Service Unit. “Service Unit” means a single subscriber to Contractor’s Solid Waste 508 Collection. Service Unit specifically includes the following: 509 A. City Service Unit. City Facility(ies) that utilize a Bin, Cart, or Roll-Off Container(s) 510 for the accumulation and set-out of Solid Waste. City Service Units are the properties set forth in Exhibit 2 511 and may be modified by written notice to Contractor by the City. 512 B. Commercial Service Unit. All retail, professional, wholesale, and industrial 513 facilities, as well as other commercial enterprises offering goods or services to the public, that utilize a 514 Garbage Bin, Cart, Compactor, or Roll-Off Container for the accumulation and set-out of Commercial 515 Solid Waste. 516
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C. Multi-Family Dwelling (MFD) Service Unit. “Multi-Family Dwelling” and “MFD” shall 517 mean any building or structure, or portion thereof, including but not limited to Mobile Home Parks, used 518 for residential purposes, and having five (5) or greater distinct living units. A MFD Service Unit refers to 519 any Multi-Family Dwelling Unit in the Service Area utilizing a Cart for the accumulation and set out of 520 Solid Waste originating from MFD Residential Premises. 521
1.87 Single-Family Dwelling (SFD) Service Unit. “Single-Family Dwelling” and “SFD” shall mean 522 any building or structure, or portion thereof , including but not limited to Mobile Home Parks, used for 523 residential purposes, and having four (4) or fewer distinct living units. A SFD Service Unit refers to any Single-524 Family Dwelling Unit in the Service Area utilizing a Cart for the accumulation and set out of Solid Waste 525 originating from SFD Residential Premises. The term SFD Service Unit is inclusive of all SFD Dwelling Units 526 regardless of how many SFD Dwelling Units sit on a single parcel; though multiple Dwelling Units may exist 527 on one parcel, to the extent that one SFD Dwelling has four (4) or fewer distinct living units, it shall be treated 528 as a SFD Service Unit. 529
1.88 SFD Collection Service. “SFD Collection Service” means SFD Garbage Collection Service, 530 SFD Recyclable Materials Service, SFD Organic Waste Collection Service, and SFD Bulky Waste Collection 531 Service. 532
A. SFD Garbage Collection Service. The Collection of Garbage, by Contractor, from 533 SFD Service Units in the Service Area, and the delivery of that Garbage to the Disposal Facility. 534 B. SFD Bulky Waste Collection Service. The periodic on -call Collection of Bulky 535 Waste, by Contractor, from SFD Service Units in the Service Area, and the delivery of those Bulky Waste 536 to the Disposal Facility, Materials Recovery Facility, or other such facility as may be appropriate under the 537 terms of this Agreement. SFD Bulky Waste Collection Service does not include the Collection of Bulky 538 Waste using Roll-Off Containers. 539
C. SFD Organic Waste Collection Service. The Collection of Organic Waste, by 540 Contractor, for SFD Service Units in the Service Area, and the delivery of those Organic Waste Materials 541 to the Organic Waste Processing Facility. 542
D. SFD Recyclable Materials Service. The Collection of Recyclable Materials , 543 including dry-cell household batteries when set out by the Service Recipient in heavy duty plastic bags 544 and placed on the Recyclable Materials Cart, by the Contractor from SFD Service Units in the Service 545 Area the delivery of those Recyclable Materials to the Materials Recovery Facility. 546
1.89 Single-Family Dwelling or SFD. “Single-Family Dwelling” or “SFD” means any residential 547 Premises with four (4) or fewer single attached Dwelling Units, each designed for use by one bona fide 548 housekeeping group. 549
1.90 Sludge. “Sludge” means the accumulated solids, residues, and precipitates generated as 550 a result of waste treatment or processing, including wastewater treatment, water supply treatment, or 551 operation of an air pollution control facility, as well as mixed liquids and solids pumped from septic tanks, 552 grease traps, privies, or similar disposal appurtenances , or any other such waste having similar 553 characteristics or effects. 554
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1.91 Solid Waste. “Solid Waste” means all putrescible and non-putrescible solid, semisolid, and 555 liquid wastes, including Garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and 556 construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, 557 dewatered, treated, or chemically fixed sewage Sludge which is not Hazardous Waste, vegetable or animal 558 solid and semisolid wastes, and other discarded solid and semisolid wastes, as set forth in California Public 559 Resources Code Section 40191(a)(b), as amended from time to time . Solid Waste includes Recyclable 560 Materials but does not include (a) Hazardous Waste; (b) radioactive waste regulated pursuant to the Health 561 and Safety Code Section 114960 et seq.; and (c) medical waste regulated pursuant to the Health and Safety 562 Code Section 117600 et seq. 563
1.92 Solid Waste Collection. “Solid Waste Collection” means the Collection of Garbage, 564 Recyclable Materials, and Organic Waste within the corporate limits of City, and the transportation of such 565 material to appropriate places for processing, Recycling, Composting, and/or Disposal. 566
1.93 Source Separated. “Source Separated” means materials that have been kept separate in 567 the Solid Waste stream, at the point of generation, for the purpose of additional sorting or processing in order 568 to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted 569 products, which meet the quality standards necessary to be used in the marketplace, or as otherwise defined 570 in 14 CCR Section 17402.5(b)(4). 571
1.94 Source Reduction and Recycling Element (SRRE). “SRRE” means a formal planning 572 document that demonstrates how the City will comply with the Act’s Diversion goals. 573
1.95 Term. “Term” means the time period or duration for which the Agreement is in effect. 574
1.96 Tier One Commercial Edible Food Generator. “Tier One Commercial Edible Food 575 Generator”, defined within SB 1383, means a commercial Edible Food generator that has an SB 1383 576 compliance deadline of January 1, 2022. Tier One Generators may include supermarkets; grocery stores with 577 a total facility size equal to or greater than 10,000 square feet; food service providers that serve institutional, 578 governmental, commercial, or industrial locations; food distributors; and/or wholesale food vendors. 579
1.97 Tier Two Commercial Edible Food Generator. “Tier Two Commercial Edible Food 580 Generator”, defined within S B 1383, means a commercial Edible Food generator that has an SB 1383 581 compliance deadline of January 1, 2024. Tier Two Generators may include restaurants with 250 or more 582 seats or a total facility size equal to or greater than 5,000 square feet; hotels with an on-site food facility and 583 200 or more rooms; health facilities with an on -site food facility and 100 or more beds; large venues 584 (permanent venue facilities that annually seat or serve an average of more than 2,000 individuals within the 585 grounds of the facility per day of operation); large events (events that serve an average of more than 2,000 586 individuals per day of operation of the event, at a location that includes, but is not limited to, a public, nonprofit, 587 or privately owned park, parking lot, golf course, street system, or other open space when being used for an 588 event); state agencies; and/or local education agencies. 589
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1.98 Transfer Station. “Transfer Station” means the place or places listed in Exhibit 8 for 590 conveyance of Solid Waste Collected by Contractor into larger vehicles prior to transportation of the Solid 591 Waste to the Disposal Facility or Processing Facility. 592
1.99 Unicycling. “Unicycling” means a method of separating trash and Recyclable Materials in 593 a single Collection Container. Garbage materials are Collected in bags and deposited into the Collection 594 Container, and Recyclable Materials are deposited into the Collection Container loose and unbagged. 595
1.100 Universal Waste or U -Waste. “Universal Waste” or “U-Waste” means electronic devices, 596 dry-cell batteries, non-empty aerosol cans, fluorescent lamps, fluorescent bulbs, mercury thermostats, and 597 other mercury-containing equipment. 598
1.101 Waste. “Waste” means the useless, unused, unwanted, or discarded material and debris 599 resulting from normal residential and commercial activity or materials which, by their presence, may injuriously 600 affect the health, safety, and comfort of persons or depreciate property values in the vicinity thereof. 601
1.102 Waste Generator. “Waste Generator” means any person, as defined by the most current 602 version of the Public Resources Code, whose act or process produces Solid Waste as defined in that same 603 code, or whose act first causes Solid Waste to become subject to regulation. 604
1.103 Workday. “Workday” means any day, Monday through Saturday, that is not a Holiday as 605 set forth in this Agreement. 606
1.104 Wood Waste. “Wood Waste” means Solid Waste consisting of stumps, large branches, 607 tree trunks, and wood pieces or particles that are generated from the manufacturing or production of wood 608 products; harvesting, processing, or storage of raw wood materials; or Construction and Demolition activities. 609 Article 2. Term of Agreement 610
2.01 Term of Agreement. The Term of this Agreement will be for a fifteen (15) year period 611 beginning July 1, 2025, and terminating on June 30, 2040. Contractor shall commence performance of its 612 Solid Waste Collection obligations under this Agreement on July 1, 2025 (“Commencement Date”). 613
2.02 Optional Extension of Term. City may, in its sole discretion, grant Contractor two additional 614 five (5) year extensions of the Term. The City may decline to negotiate an extension of the Term if the following 615 preconditions are not satisfied; (a) Contractor is not then in default of any material term or condition of the 616 Agreement; (b) Contractor has paid City on time all required fees associated with Agreement; or (c) Contractor 617 must request the Optional Extension of Term by October 1, 2038, in order to be eligible for the first extension, 618 and by October 1, 2043, to be eligible for the second extension . City may consider performance standards 619 and the results of performance reviews, as outlined in Article 17, in decisions regarding extension of term. 620 621
Article 3. Conditions Governing Services Provided by Contractor 622
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3.01 Grant of Exclusive Agreement. City hereby grants to Contractor, on the terms and 623 conditions set forth herein, including the limitations set forth in Sections 3.02 and 3.03, the exclusive franchise, 624 right, and privilege to collect, remove, and dispose of, in a lawful manner, Solid Waste, Recyclable Materials, 625 and Organic Materials accumulating in the City’s Service Area and offered for Collection to the Contractor in 626 accordance with Applicable Law, for the Term of and within the scope set forth in this Agreement. 627
3.02 Recyclable Materials, Organic Waste, and Bulky Waste Discarded by Service Recipients. 628 This Agreement shall not prohibit any Service Recipient from selling Recyclable Materials or Organic Waste 629 or giving Recyclable Materials or Organic Waste away to persons or entities other than Contractor. However, 630 in either instance: (a) the Bulky Waste, Recyclable Materials and Organic Waste must be Source Separated 631 from and not mixed with other Solid Waste; and ( b) the seller/donor may not pay the buyer/don ee any 632 consideration for Collecting, processing, or transporting such Bulky Waste, Recyclable Materials or Organic 633 Waste. A discount or reduction in the price for Collection, Disposal, and/or Recycling services for any form of 634 un-segregated or segregated Solid Waste is not a sale or donation of Bulky Waste, Recyclable Materials or 635 Organic Waste, and such Solid Waste does not qualify for this exception. However, once the Recyclable 636 Materials or Organic Waste have been placed in the Collection Container and the Container set out for 637 Collection, the Recyclable Materials or Organic Waste become the property of Contractor and cannot be sold 638 or donated. 639
3.03 Exclusions to Exclusivity. 640
3.03.1 Specialized Recyclable Materials. If Contractor expressly advises City in writing that 641 it is unable or unwilling to Collect and process for specific Diversion, after being provided the opportunity in 642 writing to provide the specific service, specialized materials as described in this Section, , and a third party 643 is able to re-use or Recycle one or more of these materials, Service Recipients shall have the right to engage 644 the third-party recycler to Collect and Recycle those Source-Separated Recyclable Materials, provided that 645 the Diversion is verified by the City. These specialized materials shall include, but are not limited to, Organic 646 Waste, metals, Construction and Demolition Debris, laboratory waste, pallets, clothing, shoes, textiles, and 647 plastic. 648
3.03.2 Recyclable Materials Sold By Commercial Generator. If the Waste Generator at a 649 Commercial Service Unit has Source Separated Recyclable Material, the Waste Generator is entitled to sell 650 that Recyclable Material or be otherwise compensated in a manner resulting in a net positive payment to the 651 Waste Generator, when such collector is permitted as appropriate under the City Municipal Code. 652
3.03.3 Byproducts of Food and Beverage Processing. Under AB 3036 (2018), certain 653 byproducts from the processing of food or beverages from agricultural or industrial sources, provided they 654 do not include animal, including fish, processing byproducts, they are Source-Separated, they are not 655 discarded (meaning the generator may not pay the recipient any consideration, or accept a discount or 656 reduction in price for Collecting, processing, or transporting such material) , and they are used as animal 657 feed, are exempted from this Exclusive Franchise Agreement. Entities requesting exemption must apply to 658 the City and be any of the following: registered pursuant to Section 110460 of the Health and Safety Code 659 or be exempted from registration pursuant to Section 110480 of the Health and Safety Code or be a beer 660
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manufacturer as defined in Section 23012 of the Business and Professions Code, or be a distilled spirits 661 manufacturer, as defined in Section 23015 of the Business and Professions Code. 662
3.03.4 Donated Solid Waste. Recyclable Materials, Organic Waste, or Bulky Waste which 663 is Source Separated at any Premises by the Waste Generator and donated to youth, civic , or charitable 664 organizations qualified as such pursuant to Federal law. 665
3.03.5 Gardening or Landscape Services. Green Waste removed from a Premises by a 666 gardening, landscaping, or tree trimming company as an incidental part of a total service offered by that 667 company rather than as a hauling service. 668
3.03.6 Self-Haul. Service Recipients may choose to Self-Haul Solid Waste to Disposal or 669 Processing Facilities, to the extent authorized by the Municipal Code. 670
3.03.7 Materials Generated or Accumulated During An Emergency or Disaster. During an 671 emergency or disaster, as determined by City in its sole discretion, City may enlist additional contractors or 672 other entities in the Collection, transportation, and/or Disposal of any and all types of materials that are 673 generated or accumulated. In particular, the City may choose to pursue reimbursement of disaster services 674 through the Federal Emergency Management Agency (FEMA), which would require that the associated 675 disaster services be secured via a competitive bidding process. Contractor shall not be prohibited by any 676 part of this Agreement from participating in this competitive bidding process, but City shall be free to put 677 services associated with declared disasters out to bid in accordance with FEMA requirements and enlist 678 additional contractors based on the results of that process. 679
3.04 Responsibility for Service Billing and Collection. Contractor is responsible for the billing 680 and collection of payments for Solid Waste Collection within the Service Area. 681 Article 4. Franchise Fees and Payments 682
4.01 Contractor’s Payments to City. The Parties agree that all fees and any payments owed by 683 Contractor to City under this Agreement are the product of extensive negotiations and constitute valid 684 consideration for the rights and privileges granted to Contractor under this Agreement. 685
4.02 Reimbursement for the Cost of Procurement /Negotiation Process. Contractor shall 686 reimburse the City a one-time fee of One Hundred and Fifty Thousand Dollars ($150,000) for the cost of the 687 Franchise Agreement solicitation, evaluation , negotiation, and award process. This fee shall be due and 688 payable on the thirtieth (30th) day after the Effective Date of the Agreement. This fee shall not be recoverable 689 via Contractor’s Collection Services Rates or any other form of compensation under this Agreement. 690
4.03 Monthly Fees and Payments. The following monthly fees and payments shall be due and 691 payable on the twentieth day of the month following the end of each month for which Solid Waste Collection 692 was provided, with the first such payment being due on August 20, 2025. The City Council may adjust the 693 Monthly Fees by resolution, in which case Contractor shall be entitled to an adjustment to Maximum Service 694 Rates as a City-directed change in accordance with Section 30.01. The Monthly Fees shall be accompanied 695
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at the time of payment by a written report, in a format acceptable to the City, setting forth the calculations 696 Contractor used to determine the amount due and the basis for those calculations. Figures used in the report 697 shall be taken from Contractor’s general books of account, and Contractor shall retain all supporting 698 documentation in accordance with the records retention requirements in Section 22.01. 699
4.03.1 Franchise Fee. Contractor shall pay to City a Franchise Fee equal to seventeen and 700 one half percent (17.5%) of the gross annual revenues derived from its collection operations under this 701 Franchise Agreement based upon audited revenue statements submitted annually to the City. The 702 Franchise Fee shall be due and payable monthly within twenty (20) days following the end of each month. If 703 payment is not received within said twenty (20) day period, interest shall accrue thereon at the maximum 704 interest rate permitted under California law, but not to exceed ten (10) percent per annum. Any such fee 705 shall have prospective effect only; provided, however, that should any adjustment be given retroactive effect, 706 the applicable Franchise Fee shall, in the Council's discretion, also be given such effect. 707
4.04 Adjustments to Fees. City may set other fees or adjust the fees established in this Article 708 from time to time during the Term of this Agreement , and such adjustments and any Franchise Fee 709 adjustments shall be included in the adjustment of Maximum Service Rates as described in Exhibit 1. 710
4.05 Time and Method of Payment. Contractor shall pay all amounts owed under this Article 711 without prior notice or demand and without abatement, deduction, offset , or credit in lawful money of the 712 United States, on or before the applicable due date, unless the due date lands on a weekend or Holiday, in 713 which case the due date shall be the next Business Day. If sent by U.S. mail, the remittance must be post -714 marked on or before the due date. If hand-delivered, Contractor must request and receive a date-stamped 715 receipt from the City by 5:00 p.m. Pacific Time (PT) on the due date. 716
4.06 Fee Disputes. In the event of any disputes between the Contractor and the City with respect 717 to the fees described in this Article, the City shall provide the Contractor with written objection after the receipt 718 of the written report described in Section 4.03, encompassing the dispute amount. The City shall state its 719 objections in writing with reference to the applicable portion(s) of the report and its reasons then known for 720 its dispute. The Parties agree to meet and confer regarding any such dispute. 721
4.07 . 722
Article 5. General Requirements 723
5.01 Service Standards. Contractor must perform all Solid Waste Collection under this 724 Agreement in a thorough and professional manner as described in Article 25, while meeting the minimum 725 performance and Diversion standards listed in Article 17, according to the Sustainability and Compliance Plan 726 (Exhibit 9) developed by the Contractor and approved by the City. 727
5.02 Labor and Equipment. Contractor must provide and maintain all labor, equipment, tools, 728 facilities, and personnel supervision required for the performance of Contractor’s obligations under this 729 Agreement. Contractor must always have sufficient backup equipment and labor to fulfill Contractor’s 730 obligations under this Agreement. No compensation for Contractor’s services or for Contractor’s supply of 731
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labor, equipment, tools, facilities, or supervision will be provided or paid to Contractor by City or by any Service 732 Recipient except as expressly provided by this Agreement. 733
5.03 Holiday Service. The City observes New Year’s Day, Martin Luther King Jr. Day, 734 Presidents’ Day, Memorial Day, Independence Day, Labor Day, California Admission Day, 735 Columbus/Indigenous Peoples Day, Veterans Day, Thanksgiving Day, and Christmas Day as legal Holidays. 736 Contractor is not required to provide Solid Waste Collection or maintain office hours on the designated 737 Holidays. In any week in which one of these Holidays falls on a Workday, SFD Collection Services for the 738 Holiday and each Workday thereafter will be delayed one Workday for the remainder of the week , with 739 normally scheduled Friday SFD Collection Services being performed on Saturday. Commercial Collection 740 Services will be adjusted as set forth in Article 12, but must meet the minimum frequency requirements of 741 one (1) time per week. Solid Waste Collection will not take place on Sundays, unless previously authorized 742 by the Agreement Administrator. 743
5.04 Inspections. The City has the right to inspect Contractor’s facilities or Collection Vehicles 744 and their contents used to provide services pursuant to this Agreement at any reasonable time while operating 745 inside or outside the City without advance notice to the Contractor. 746
5.05 Commingling of Materials. 747
5.05.1 SFD Materials Collected in Richmond. Contractor may commingle SFD Garbage 748 materials, SFD Recyclable Materials, and SFD Organic Materials Collected pursuant to this Agreement with 749 other materials (of the same type) Collected outside the City of Richmond, provided that Contractor tracks 750 the tonnage of SFD Garbage, SFD Recyclable Materials, and SFD Organic Materials Collected inside the 751 City of Richmond separately using a City -approved allocation methodology. Changes to the allocation 752 methodology may only be made with the express prior written authorization of the Agreement Administrator. 753 By executing this Agreement, City approves of Contractor’s current methodology. 754
5.05.2 Commercial Garbage Materials Collected in Richmond. Contractor may commingle 755 Commercial Garbage materials Collected pursuant to this Agreement with other materials Collected outside 756 the City of Richmond, provided that Contractor tracks the tonnage of Commercial material Collected inside 757 the City of Richmond separately using a City-approved allocation methodology. Changes to the allocation 758 methodology may only be made with the express prior written authorization of the Agreement Administrator. 759 By executing this Agreement, City approves of Contractor’s current methodology. 760
5.05.3 Recyclable Materials. Subject to Sections 10.09.1, 11.08.4, and 12.06.4, Contractor 761 may not at any time commingle SFD or Commercial Recyclable Materials Coll ected pursuant to this 762 Agreement with any other material type Collected by Contractor without the express prior written 763 authorization of the Agreement Administrator. 764
5.05.4 Organic Waste. Subject to Sections 10.10.3, 11.09.5, and 12.07.6, Contractor may 765 not at any time commingle SFD or Commercial Organic Waste Collected pursuant to this Agreement with 766 any other material type Collected by Contractor, without the express prior written authorization of the 767 Agreement Administrator. 768
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5.05.5 Commingled Garbage and Recyclables . Only in special circumstances in which 769 separate Collection Containers pose a challenge due to space or logistical constraints, and with prior written 770 authorization of the Agreement Administrator, Contractor may Collect Commercial Garbage and Recyclable 771 Materials in the same Collection Container, using a Split-bin or Unicycling, for the purposes of processing 772 Recyclable Materials for Diversion. 773
5.06 Recyclable Materials and Organic Waste Contamination. Contractor must offer the Service 774 Recipients the correct combination of Cart and Bin sizes and Collection frequency beyond the minimum 775 bundled service requirements , as necessary, that matches their unique service needs to reduce 776 contamination of Recyclable Materials and Organic Waste, and to provide service at the least cost to Service 777 Recipient. To support City’s Diversion goals and Contractor’s Diversion Requirements as set forth in Article 778 8, Contractor is only required to Collect and process Recyclable Materials if they have been separated by the 779 Service Recipient from Garbage and Organic Waste and will only be required to Collect Organic Waste if it 780 has been Source Separated by the Service Recipient from Garbage and Recyclable Materials. 781 As part of Contractor’s Public Education Services under Section 20.02, Contractor has agreed to provide 782 outreach and support to Service Recipients as described in the Contractor’s Sustainability and Compliance 783 Plan provided as Exhibit 9 and the Education and Outreach Plan provided as Exhibit 1 0. Additionally, 784 Contractor’s route Collection personnel will report to Contractor’s supervisors if they observe potential 785 contamination problems and/or insufficient Collection capacity. For purposes of determining if Recyclable 786 Materials or Organic Waste are deemed to be contaminated, if, by visual or digital inspection, Recyclable 787 Materials are commingled with ten percent (10%) by weight or volume of Garbage or Organic Waste, or if, by 788 visual inspection, Organic Waste is commingled with three percent (3%) by volume of Garbage or Recyclable 789 Materials, then Recyclable Materials and/or Organic Waste will be deemed to be contaminated and 790 Contractor may take the following steps: 791
5.07 Violations by Service Recipients. The following provisions will apply to all Commercial, 792 MFD, and SFD Service Recipients. An occurrence is defined as an event of contamination in one day, 793 meaning that two occurrences cannot occur on the same day. 794
5.07.1 Two-Month Contamination Education Period. For the first two (2) months following 795 commencement of this Agreement, all Service Recipients will be provided educational materials and 796 instructions on methods to properly source separate generated materials within the appropriate Collection 797 Containers and prevent contamination for a particular Container (i.e., Recyclable Materials or Organic 798 Waste). During this t wo-month contamination education period, Contractor must Collect the contaminated 799 Container (as the Container’s intended commodity ) and must affix to the contaminated Container a 800 Contamination Violation Notice which contains instructions on the proper procedures for sorting Recyclable 801 Materials or Organic Waste, and must notify the Service Recipient by phone, U.S. mail, email, or in person 802 (which may be a Container tag that meets SB 1383 requirements), that any subsequent incidents of excess 803 contamination following this two-month contamination education period , the Service Recipient may be 804 charged a contamination fee for the contaminated Container, and Contractor may increase the Collection 805 Container size, or require an additional Collection Container. Contractor’s representative must also contact 806 the Service Recipient by phone, U.S. mail, email, or in person (which may be a Container tag that meets SB 807 1383 requirements ) to ensure that they have the appropriate level of service for proper Collection of 808
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Recyclable Materials and/or Organic Waste. Contractor must also document the contamination issue and 809 provide digital/visual documentation to the Service Recipient that clearly documents the Service Recipient’s 810 on-going contamination problems. For each new service account that is created during the term of this 811 Agreement, that Service Recipient will also be given a two-month contamination education period prior to 812 the assessment of a contamination fee for the contaminated Container. The procedures for such 813 contamination education period associated with the establishment of a new service account will follow those 814 previously described in this section during the first two months of the account contract’s commencement. 815
5.07.2 Occurrences After the Two-Month Contamination Education Period . Upon 816 conclusion of the two-month contamination education period for a Service Recipient, if Contractor 817 encounters a contaminated Container (i.e., Recyclable Materials or Organic Waste), Contractor must Collect 818 the contaminated Container (as the Container’s intended commodity) and must charge the Service Recipient 819 a contamination fee as set forth in Exhibit 1. Contractor must continue providing the Recyclable Materials or 820 Organic Waste Collection Services. Contractor must provide (or have provided) digital /photographic 821 documentation to the Service Recipient that clearly documents the Service Recipient’s on -going 822 contamination problems and written Notices of contamination as described above. Contractor may increase 823 the Container size or Collection frequency and impose a contamination surcharge on the account for a period 824 of six months or until the Service Recipient has demonstrated no contamination for a period of three 825 consecutive months. Contractor must document contamination issue and surcharge and notify City within 826 seven (7) Days, via a weekly report, if Contractor increases the Container size or Collection frequency for 827 excessive contamination or imposes the contamination surcharge on the account. City will consult with 828 Contractor and consider and pursue , as applicable, appropriate legal remedies against offending Service 829 Recipients to secure discontinuance of the contamination. 830
5.08 Tracking Occurrences of Contamination. Regarding Section 5.07, each Contamination 831 occurrence is tracked annually per Calendar Year . Where contamination is occurring, and occurrences are 832 consecutive and unremedied, their count shall continue across Calendar Years until remedy occurs. 833
5.09 Disputes Over Excess Contamination Charges. If Service Recipient disputes a 834 contamination charge (which must be within thirty ( 30) days of them being assessed), Contractor will 835 temporarily halt any contamination charge and/or increased Maximum Service Rate resulting from increasing 836 the Collection Container size, or Collection frequency, and Contractor may request a ruling by the City 837 Manager to resolve the dispute. During the pendency of any request, Contractor may restore Container size 838 or number, or Collection frequency to the prior levels. A request by Contractor to the City Manager to rule on 839 any such dispute must be filed within ten (10) Business Days of Contractor’s halting of contamination charge, 840 or increased Maximum Rate, and must include written documentation and digital/visual evidence of ongoing 841 overall problems. The City Manager may request a meeting (in person or phone) with both the Service 842 Recipient and Contractor to resolve the dispute. Following such a meeting, the City Manager will rule on the 843 dispute within ten (10) Business Days , and the City Manager’s decision on resolving the dispute between 844 Contractor and Service Recipient will be final. If the City Manager rules in favor of the Service Recipient, 845 Contractor will credit the disputed contamination charges or increased Maximum Service Rate. If the City 846 Manager rules in favor of Contractor, Contractor may charge Service Recipient the prior halted contamination 847
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charge and/or increased Maximum Service Rate resulting from increasing the Collection Container size or 848 Collection frequency and may follow the steps in Section 7.08 for collection of delinquent accounts. 849
5.10 Overage and Correction Procedures. Contractor shall provide the Service Recipients the 850 correct combination of Collection Containers and Collection frequency that matches each Service Recipient’s 851 unique service needs to enable clean, efficient, and cost -effective Collection of Solid Waste, Recyclable 852 Materials, and Organic Waste. City and Contractor agree that overflow of Solid Waste that is not properly in 853 the Service Recipient ’s Solid Waste Collection Containers negatively impact s public health and safety. 854 Contractor has also agreed to conduct Recycling audits and provide outreach and support to Service 855 Recipient accounts receiving the correct service level. However, if Service Recipients are found to habitually 856 overflow their Solid Waste Collection Containers (i.e., lid will not close, and/or material not contained within 857 Container), Contractor may take the steps listed below to correct Service Recipient’s on -going overflow of 858 Solid Waste. 859
5.10.1 Prior Arrangements for Collection. If the Service Recipient has made prior 860 arrangements with Contractor for Collection of Solid Waste Overages, Contractor must Collect such 861 Overages as arranged, and may charge the Service Recipient the Solid Waste Overage fee (prior 862 arrangement) set forth in Exhibit 1. 863
5.10.2 No Prior Arrangements. If the Service Recipient has not made prior arrangements 864 with Contractor for Collection of Solid Waste Overage, (i) Contractor may Collect such Solid Waste Overage 865 at no additional charge as a courtesy, (ii) Contractor may not Collect the Solid Waste Overage and leave a 866 Non-Collection Notice explaining the reason for non-collection of the Solid Waste Overage, (iii) Contractor 867 may Collect the Solid Waste Overage (up to two lifts) and charge the Service Recipient the Solid Waste 868 Overage fee (no prior arrangement) set forth in Exhibit 1 as provided below, or increase the capacity or 869 frequency of Collection of the existing Collection Container(s) to match documented service needs as 870 provided below. In managing Solid Waste Overages, the following apply: 871
5.10.2.1 SFD Service Recipients – Each Occurrence. For each occurrence 872 Contractor will not Collect the Solid Waste Overage because the Collection Container could not be serviced 873 by normal operating procedures or cause spillage upon servicing , Contractor must provide written notice 874 via email, U.S. mail, or in person (which may be by Non-Collection Notice) to the Service Recipient with the 875 date, description, and photograph of the Solid Waste Overage. Contractor’s Non-Collection Notice for SFD 876 Service Recipients shall also contain instructions on (a) how to schedule a Bulky Waste Collection or (b) 877 request an additional Collection Container to eliminate future Overages. For each occurrence Contractor 878 charges a Service Recipient the Solid Waste Overage fee (no prior arrangement) set forth in Exhibit 1, 879 Contractor will document the physical condition of the Collection Container and associated Overage with 880 one or more photographs and retain this documentation for the period of at least one year. 881
5.10.2.2 Commercial and MFD Service Recipients – Each Occurrence. 882 Contractor must provide a written notice on the Container and may provide a copy of the notice via email, 883 U.S. mail, or in person (which may be by Non -Collection Notice) to the Service Recipient with the date, 884 description, and photograph of the Solid Waste Overage. Contractor’s Non-Collection Notice for MFD 885 Service Recipients shall also contain instructions on (a) how to schedule a Bulky Waste Collection or (b) 886
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request an additional Collection Container to eliminate future Overage. Contractor may Collect the Solid 887 Waste Overage and may charge the Service Recipient a Solid Waste Overage fee as set forth in Exhibit 1 888 and increase the capacity or Collection frequency of the Collection Container to match documented service 889 needs. At least ten (10) Business Days prior to increasing the Collection Container size or frequency of 890 Collection, Contractor’s representative must also contact the Service Recipient by phone, U.S. mail, email, 891 or in person (which may be by Non-Collection Notice) to ensure that Service Recipient has the appropriate 892 level of service. Contractor must document Overage issue and notify City within ten (10) Business Days of 893 any changes in Service Recipient’s Collection Container size or Collection frequency. The increased 894 capacity or Collection frequency will remain in effect until Contractor determines that it is no longer needed 895 to prevent Overages, which may be longer than the one Calendar Year stated above. Such determination 896 will be in Contractor’s sole but reasonable discretion and will be subject to the dispute resolution procedure 897 set forth below. City will consider, and pursue as applicable, appropriate legal remedies against offending 898 Service Recipients in order to secure discontinuance of the Overages. 899
5.10.2.3 Tracking Occurrences of Solid Waste Overage. Regarding 900 Section 5.10, after twelve (12) months have passed from the last applicable Solid Waste Overage 901 occurrence, the next Solid Waste Overage occurrence will be deemed a first Solid Waste Overage 902 occurrence. 903
5.10.3 Disputes Over Container Overflow Charges. If Service Recipient disputes a Solid 904 Waste Overage charge or Container size or Collection frequency change within 30 days of the disputed 905 action, Contractor must temporarily halt Solid Waste Overage charge and/or increased Maximum Service 906 Rate resulting from increasing the Collection Container size or Collection frequency, and Contractor may 907 request a ruling by the City Manager to resolve the dispute. During the pendency of any request, Contractor 908 may restore Container size or number, or Collection frequency, to the prior levels. A request by Contractor 909 to the City Manager to rule on any such dispute must be filed within ten (10) Business Days of Contractor’s 910 halting of Solid Waste Overage charge, or increased Maximum Rate, and must include written 911 documentation and digital/visual evidence of ongoing overall problems. The City Manager may request a 912 meeting (in person or phone) with both the Service Recipient and Contractor to resolve the dispute. Following 913 such a meeting, the City Manager will rule on the dispute within ten (10) Business Days , and the City 914 Manager’s decision on resolving the dispute between Contractor and Service Recipient will be based on the 915 evidence presented by the parties and be final. If the City Manager rules in favor of the Service Recipient, 916 Contractor must credit the disputed charge or increased Maximum Service Rate. If the City Manager rules 917 in favor of Contractor, Contractor may charge Service Recipient the prior halted Solid Waste Overage charge 918 and/or increased Maximum Service Rate resulting from increasing the Solid Waste Collection Container size 919 or Collection frequency and may follow the steps in Section 7.08 for collection of delinquent accounts. 920
5.10.4 Notifying City of Habitual Overflow. Contractor shall notify the City regarding 921 Commercial and MFD Customers that habitually overflow their Containers , where habitual overflow is 922 defined as three (3) or more instances per Quarter. 923
5.11 Ownership of Materials. Except as provided otherwise under Applicable Law, t itle to 924 Residential Waste, Commercial Solid Waste, Recyclable Materials, and Organic Waste will pass to Contractor 925
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at such time as materials that are set out for Collection are Collected and placed in Contractor’s Collection 926 Vehicle. Title to Excluded Waste shall not pass to Contractor, but shall remain with the Waste Generator. 927
5.12 Spillage and Litter. Contractor may not litter Premises in the process of providing Solid 928 Waste Collection or while its vehicles are on the road. Contractor must transport all materials Collected under 929 the terms of this Agreement in such a manner as to prevent the spilling or blowing of such materials from 930 Contractor's vehicles. Contractor must exercise all reasonable care and diligence in providing Solid Waste 931 Collection so as to prevent spilling or dropping of Residential Waste, Commercial Solid Waste, Recyclable 932 Materials, or Organic Materials, and must immediately, at the time of occurrence, clean up such spilled or 933 dropped Residential Waste, Commercial Solid Waste, Recyclable Materials, or Organic Materials. 934
5.12.1 Contractor is not responsible for cleaning up sanitary conditions caused by the 935 carelessness of the Service Recipient; however, Contractor must clean up any material or residue that is 936 spilled or scattered by Contractor or its employees, or from Overage. 937
5.12.2 Equipment oil, hydraulic fluids, spilled paint, or any other liquid or debris resulting 938 from Contractor’s operations or equipment repair must be covered immediately with an absorptive material 939 and removed from the street surface. Contractor must document spillage and notify City ’s stormwater 940 compliance coordinator within ninety (90) minutes of any spills resulting from Contractor’s operations or 941 equipment. When necessary, Contractor must apply a suitable cleaning agent and cleaning technique to the 942 street surface to provide adequate cleaning as approved by the City’s stormwater compliance coordinator to 943 be compliant with the City’s stormwater permit. 944
5.12.3 The above paragraphs notwithstanding, Contractor must clean up any spillage or 945 litter caused by Contractor within ninety (90) minutes upon notice from the City. If City deems necessary, 946 Contractor must engage a third-party environmental clean -up specialist to remove any equipment oil, 947 hydraulic fluids, or any other liquid or debris that remains on street after Contractor’s own clean -up efforts. 948 If clean-up is not conducted to the satisfaction of City, City has the right to engage environmental clean-up 949 specialist to perform additional clean-up work at the expense of Contractor. In the event of Contractor’s spill 950 or release of a Hazardous Substance, Contractor is responsible for promptly notifying any Federal, State, 951 County, or local governmental agency having jurisdiction over same as may be required under Federal, 952 State, County or local law or regulation. 953
5.12.4 In the event where damage to City streets is caused by a hydraulic fluid spill (i.e., 954 any physical damage more than a simple cosmetic stain caused by the spill), Contractor shall be responsible 955 for all repairs to return the street to the same condition as that prior to the spill. Contractor shall be 956 responsible for all clean-up activities related to the spill. Repairs and clean-up shall be performed in a manner 957 satisfactory to the City and at no cost to the City. 958
5.12.5 To facilitate immediate clean-up, Contractor’s vehicles must always carry enough 959 petroleum absorbent materials, along with a broom and shovel. 960
5.13 SB 1383 Universal Roll-Out. Contractor shall provide Organic Materials Collection service 961 to all of its Customers within City who are subscribed to and pay for Solid Waste Collection service, unless 962
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(i) the Customer is categorically exempted under City’s Municipal Code from the requirement to subscribe for 963 Organic Materials Collection service or (ii) the Customer qualifies for and is granted a State - or City-issued 964 waiver. Contractor will work with Customers to appropriately size Collection Containers such that source -965 separation of all materials is possible without any overflow of material, and if any disputes arise or Overages 966 occur, the City will make the final determination on proper Container size. 967
5.14 Regulations and Record Keeping. Contractor must comply with emergency notification 968 procedures required by Applicable Laws and regulatory requirements. All records required by regulations 969 must be maintained at Contractor’s offices. These records must include waste manifests, waste inventories, 970 waste characterization records, inspection records, incident reports, and training records. 971
5.15 Response Times for City Requests. Upon receiving a data request or information request 972 from City that is not covered by other timeline requirements articulated in this document, and provided that 973 the request from City shall not take more than eight (8) hours of Contractor staff time to complete, Contractor 974 shall compile the requested information and send back a complete response within five (5) Business Days of 975 receipt of the request. 976
Article 6. Collection Service Rates 977
6.01 Collection Service Rates. Contractor is solely responsible for determining the rates it will 978 charge for providing Solid Waste Collection, provided that Contractor shall not charge any Service Recipient 979 an amount that exceeds the applicable Maximum Service Rate set forth in Exhibit 1, which may only be 980 adjusted as provided in this Agreement. 981
6.02 Discount as Contractor’s Good Will. In exchange for the good will of the City and the 982 general public, Contractor voluntarily agrees to discount the rate it charges for Solid Waste Collection 983 provided to eligible Service Recipients (the “ Discount”) and that the Discount shall neither impact the 984 Maximum Service Rates nor be otherwise paid for or subsidized by any other Service Recipients. Contractor 985 shall make the Discount available to any person who demonstrates through appropriate documentation that 986 they are: (i) 62 years of age or older; or (ii) a person of low, lower, or extremely low income, and enrolled in 987 a discount ed utility program; and either (iii) the service account holder or the service account holder’s 988 immediate family or tenant residing at the service location. Within thirty (30) days of the Commencement 989 Date, Contractor shall provide educational materials describing and explaining the availability and how to 990 qualify for and receive the Discount to all persons in the City currently subscribed to a discount rate program. 991 Contractor shall thereafter advertise the availability of the Discounted services on its website throughout the 992 Term of this Agreement and at least once per year by direct notice to all SFD Service Recipients. 993
6.03 Adjustments to Maximum Service Rates using CPI. Beginning on January 1, 2027 , and 994 annually thereafter, Contractor shall, subject to compliance with all provisions of this Section, receive an 995 annual adjustment to the Maximum Service Rates as set forth in Exhibit 1 to this Agreement. 996
6.03.1 CPI Adjustment Calculation. For Rate Year 2027, beginning on January 1, 2027, 997 and for subsequent years thereafter, the rates shall be adjusted based on one hundred percent (100%) of 998 the average change in the CPI for the 12 -month period from July 1 to June 30. Therefore, the first rate 999
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adjustment, effective January 1, 2027, will be based on the percentage change in CPI for the average CPI 1000 value from July 1, 2025, through June 30, 2026, compared to the average CPI value from July 1, 2024, 1001 through June 30, 2025, rounded to the nearest hundredth of a percent. The index to be used shall be the 1002 series CUSR0000SEHG, Water and Sewer and Garbage Collection Services in U.S. city average, all urban 1003 consumers, seasonally adjusted. 1004
6.03.2 Annual Rate Cap on Maximum Service Rates. In any Rate Year that the calculation 1005 of the CPI exceeds five percent (5%), the total adjustment for that year will equal five percent (5%) and any 1006 amount over the five percent (5%) cap will roll over and be added to the rate adjustment percentage in the 1007 following year. If the CPI is negative (after accounting for any applicable rollover percentages from prior 1008 years), there will be no CPI adjustment for that year. 1009
6.03.3 Rounding. Adjustments to the overall Maximum Service Rates shall be made only 1010 in units of one cent ($0.01). Fractions of less than one cent ($0.01) shall not be considered in making 1011 adjustments. All CPI indices shall be rounded at two (2) decimal places for the adjustment calculations. 1012
6.03.4 Maximum Service Rate Adjustment Report. On or before October 1 of each year of 1013 the Term, Contractor shall deliver to City a report on its proposed adjustment to the Maximum Service Rates 1014 for the subsequent calendar year (the “Adjustment Report”). The Adjustment Report shall be in a format as 1015 may be mutually agreed on between the City and Contractor and must contain or be accompanied by 1016 Contractor’s adjustment calculations for the specific services performed under this Agreement during the 1017 preceding Agreement Year in Microsoft Excel or another electronic format acceptable to the City. Contractor 1018 shall be solely responsible for the cost of preparing the Adjustment Report. 1019
6.03.4.1 Corrections. In the event the City determines the Adjustment 1020 Report contains substantial errors or omissions, Contractor shall, at its sole cost, provide a corrected report 1021 to the City. A corrected report submitted after October 1 shall be treated as a late report. 1022
6.03.4.2 Late Report. If Contractor fails to submit the Adjustment Report by 1023 October 1, the City may: ( a) accept and consider the late Adjustment Report if the City, in its sole and 1024 reasonable discretion, deems there is sufficient time to review and approve the proposed adjustment in 1025 time for it to be implemented on January 1; or (b) accept and consider the late Adjustment Report at its 1026 earliest convenience, in which case any approved rate adjustment shall only go into effect prospectively 1027 thirty (30) days after the City’s approval. In no event shall Contractor apply any rate adjustment retroactively. 1028
6.03.4.3 No Report. If Contractor fails to provide any Adjustment Report, 1029 the Maximum Service Rate shall remain unchanged for the next calendar year. 1030
6.04 City Approval. If Contractor provides a timely Adjustment Report, the City Manager shall 1031 notify Contractor on or before December 15 whether the City has approved the requested adjustments to the 1032 Maximum Service Rates for the next Rate Year. Approval of the City Council shall be required for any 1033 requested rate adjustment of more than five percent (5%), which shall only be permitted pursuant to Section 1034
6.06 (Extraordinary Adjustments) below. The City Manager may approve all other requests or refer them to 1035 the City Council at his or her discretion. 1036
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6.05 Contractor Payment for CPI review. Contractor shall be responsible for paying the City’s 1037 cost of reviewing the annual CPI adjustment in the amount of Fifteen Thousand ($15,000) per year. If the 1038 City determines that Contractor has made substantial errors and has not properly submitted or correctly 1039 calculated the CPI adjustment , the City may add additional costs up to Fifteen Thousand ($15,000) to 1040 conduct a second review and analysis . These payment amounts shall increase annually by the CPI 1041 Adjustment Calculation in Section 6.03.1. 1042
6.06 Extraordinary Adjustments. Independent of and separate from the adjustments due to 1043 Change in Law outlined in Section 30.02, Contractor and City acknowledge that there may be infrequent 1044 extraordinary events, including matters arising from the meet and confer obligation set forth in Section 14.03, 1045 which, although they do not prevent either party from performing, and thus do not implicate the force majeure 1046 provisions hereof, nevertheless increase the cost of providing service s above the Maximum Service Rate 1047 Adjustment articulated in Section 6.03. The obligation of the parties in such event is to act reasonably toward 1048 each other in arriving at an appropriate adjustment in rates. Accordingly, at its option, Contractor may apply 1049 to the City for an extraordinary rate adjustment should an event or circumstance arise which negatively 1050 impacts the economic operation of Contractor and which is in excess of the rate adjustment resulting from 1051 the application of Section 6.03. An extraordinary adjustment in rates will be deemed justified if it is necessary 1052 for the Contractor to make a substantial change in its operations , or substantial capital expenditure or 1053 investment to perform its obligations under this Agreement due to the occurrence of an event or circumstance 1054 which is beyond the reasonable control of Contractor. Extraordinary rate adjustments shall only be effective 1055 after approval by the City Council. Contractor applications for extraordinary rate adjustments are limited to 1056 three (3) during the Agreement term, and Contractor may not apply for extraordinary rate adjustment in the 1057 first five (5) years of the Agreement term. 1058
6.06.1 Contractor’s Burden. In the event of such an application for an extraordinary rate 1059 increase, it is understood that the Contractor shall have the burden of demonstrating to the reasonable 1060 satisfaction of the City the basis for the extraordinary increase cost. Contractor shall bear the burden of 1061 justifying its request and shall be solely responsible for the cost of preparing and submitting sufficient 1062 documentation in support of its request. City in its sole reasonable discretion may request Contractor to 1063 provide any additional information it deems necessary to fully evaluate the request, and Contractor shall be 1064 solely responsible for the cost of providing such additional information. Contractor shall allow City to review 1065 a report of its annual revenues and expenses for the services provided in the City. City shall have the right 1066 to review this information in connection with the City’s review of Contractor’s extraordinary rate adjustment 1067 request. With respect to any financial statements or any other information Contractor specifically designates 1068 as non-public information (“Confidential Information”), City agrees that, except as otherwise set forth in this 1069 Section: (a) it will hold in confidence all Confidential Information; (b) it will restrict the disclosure of 1070 Confidential Information within its own organization and to its agents or representatives who need to know 1071 the Confidential Information for the purposes of the request; (c) it will not disclose Confidential Information 1072 to any third party without the prior written consent of the Contractor; (d) it will not copy or reproduce any 1073 written or electronically stored Confidential Information without the prior written approval of the Contractor; 1074 and (e) it will not use Confidential Information except as required for consideration of the request. City may 1075 consider increases or decreases in Contractor’s total revenues and total cost of services when reviewing an 1076 extraordinary rate adjustment request. Notwithstanding any other provision in this Section, the City will inform 1077
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the Contractor upon receiving a California Public Records Act request or a subpoena for any Confidential 1078 Information by written notice delivered to the Contractor (“Notice”). The Contractor will have five (5) days 1079 from the date of the Notice to inform the City in writing of its intent to assert its confidentiality rights under 1080 this Agreement. The Contractor will then have fifteen (15) days from the date of the Notice to seek and obtain 1081 a court order or other judicial ruling to prevent the disclosure of the Confidential Information. If the Contractor 1082 fails to act within the five (5) or fifteen (15) day windows described above, the City may disclose the 1083 requested Confidential Information to the requestor or subpoenaing party. In the event Contractor seeks a 1084 court order to stay or enjoin the disclosure of the Records, Contractor agrees to indemnify and hold harmless 1085 the City, its Council, elected and appointed board or commission members, officers, employees, volunteers, 1086 and agents (collectively, "Indemnities") from and against any and all loss, liability, penalty, forfeiture, claim, 1087 demand, action, proceeding, or suit in law or equity of any and every kind and description, whether judicial, 1088 quasi-judicial, or administrative in nature, arising or resulting from or in any way connected with the subject 1089 of a CPRA, FOIA request, or subpoena for the Confidential Records. For the purposes of this Section, 1090 “Records” shall mean records created or maintained by Contractor in accordance with this Agreement, 1091 including those records that may include financial statements or Confidential Information of Contractor. 1092 Contractor’s indemnity obligation shall survive the expiration or termination of this Agreement. 1093
6.06.2 Review Costs. At the time of its request, Contractor shall also submit a payment to 1094 the City of Twenty-Five Thousand Dollars ($25,000) to defray the City’s costs to review the request. In the 1095 event the City’s reasonable costs exceed that amount, Contractor shall reimburse the City for any 1096 documented amount in excess. This payment amount shall increase annually by the CPI Adjustment 1097 Calculation in Section 6.03.1. 1098
6.06.3 Meet and Confer. The City and Contractor agree to meet and confer regarding the 1099 request and to negotiate in good faith regarding the appropriateness of the requested adjustment. 1100
6.06.4 City Review; Approval. City shall review the Contractor’s request and, in the City’s 1101 sole and reasonable judgment, make the final determination as to whether an adjustment to the Maximum 1102 Service Rates will be made, and, if an adjustment is permitted, the appropriate amount of the adjustment. 1103 Approval of the City Council shall be required for any Extraordinary Adjustments . The City shall notify 1104 Contractor of its decision within ninety (90) calendar days regarding whether it accepts Contractor’s request. 1105 Except as provided herein, any such change approved by the City shall not be implemented until July 1 of 1106 the next Rate Year unless a different timeframe is approved by the City Council. 1107
6.07 Procedures in Event of Invalidation of Rate Adjustment. In the event that City is unable by 1108 operation of Applicable Law to approve or implement a rate increase under this Article 6, or some or all of the 1109 Maximum Service Rates are disallowed by operation of Applicable Law, Contractor will have the right, within 1110 thirty (30) days after notice of any such inability to approve or invalidation of an approved rate increase, to 1111 request, in writing, that City negotiate in good faith regarding reductions in programs, services, or fees to 1112 compensate for any negative impact from the unapproved or invalidated rate increase. If City fails to 1113 commence negotiations in good faith or negotiations are not completed within forty -five (45) days following 1114 the date of receipt of Contractor’s request, either party may terminate this Agreement no earlier than one 1115 hundred and eighty (180) days after written notice to the other. 1116
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Article 7. Collection Service Billing 1117
7.01 Responsibility for Collection Service Billing and Collection. Contractor shall be solely 1118 responsible for the billing and collecting of payments for the Solid Waste Collection Services it provides within 1119 the Service Area. 1120
7.02 Invoices. Contractor shall prepare and send out invoices, by either U.S. mail or email, to 1121 each Service Recipient in advance of all services provided by Contractor under this Agreement. Contractor 1122 shall include an online payment option for all Customers regardless of invoice format. If sent by mail, invoices 1123 for each billing period shall be placed in a separate envelope accompanied by a self -addressed return 1124 envelope. All invoices shall include Contractor’s email address, include directions for payment by payment 1125 by check, credit card, or Automated Clearing House (ACH) debit, and shall include or be accompanied by a 1126 complete billing statement showing all charges and all services provided. Contractor’s online billing portal 1127 shall include clear instructions for how to contact the Contractor if the Service Recipient has questions about 1128 an invoice. City shall have the right to direct Contractor to revise the format of all invoices and billing 1129 statements upon reasonable notice to Contractor. 1130
7.03 Timing; Frequency. Contractor shall not initiate billing to any Service Unit sooner than the 1131 first day of the service period of Collections Services covered by the invoice. Contractor shall invoice Service 1132 Recipients once every month for Commercial Service Units and MFD Service Units and once every Quarter 1133 for SFD Service Units. SFD Service Units may opt to receive monthly invoices rather than quarterly invoices 1134 with no penalty. No invoice shall be due and payable sooner than the last day of the respective month or 1135 Quarter for which Solid Waste Collection is provided. 1136
7.04 Partial Month Service. If, during a month, a Service Unit is added to or deleted from 1137 Contractor’s Service Area, Contractor shall pro -rate billing to the Service Recipient on a weekly basis, 1138 meaning one-fourth of the applicable Maximum Service Rate found in Exhibit 1 multiplied by the number of 1139 weeks of service provided by Contractor. 1140
7.05 Overpayments. Contractor shall refund or issue a service credit for overpayments by 1141 Service Recipients no later than 30 days after Contractor discovers or is notified of the overpayment. 1142 Contractor shall refund every overpayment that: ( a) exceeds two hundred dollars ($200) or the amount of 1143 Service Recipient’s typical invoice, whichever is less; or (b) is due to the Service Recipient closing the account 1144 prior to the end of the billing period. 1145
7.06 Delinquent Service Accounts. Contractor shall report all Service Recipients whose 1146 accounts are delinquent by more than ninety (90 days) to the Agreement Administrator on a monthly basis. 1147
7.07 Contractor’s Reservation of Legal Rights and Remedies. Notwithstanding any other 1148 provision of this Article, Contractor reserves its right to, and may take such action as is legally available to 1149 Contractor, to collect or cause collection of past due or over-invoiced amounts; provided, however, that 1150 Contractor shall never discontinue Solid Waste Collection to any Service Unit. Contractor may send a written 1151 notice to Service Recipient regarding payments of Billings during the current period or for a prior service 1152 period. 1153
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7.08 Collection of Past Due Accounts. 1154
7.08.1 Contractor shall be responsible for collection of payment from Customers with past-1155 due accounts (“bad debt”). Contractor shall make reasonable efforts to obtain payment from delinquent 1156 accounts through issuance of late payment notices, making at least 3 telephone requests for payments to 1157 Customer and property owner (if the owner is a different Person or entity than the Customer), offering a 1158 Customer payment plan, and suspension of service in accordance with the following. 1159
7.08.2 If a Customer’s payment becomes more than one hundred twenty (120) days past 1160 due, Contractor may request approval from the City, which will not be unreasonably denied, to reduce service 1161 to that account until payment is received, providing written evidence for each account that the required 1162 collection steps have been taken. If the City approves such request, the Contractor shall provide the 1163 Customer and property owner (if the owner is different from the Customer) written notice of service reduction 1164 which includes a description of potential penalties from the City for nuisance, should it occur. All notifications 1165 and correspondence issued by Contractor shall be directed to the Customer and the owner of the property 1166 if the owner is a different Person or entity than the Customer. 1167
7.08.3 At its option, Contractor may charge Customers a late payment fee for accounts 1168 that are over sixty (60) days past due provided that Contractor provides each Customer thirty (30) days 1169 written notice of its intent to assess the late fee. The maximum late fee is subject to the City approval and 1170 reflected in Exhibit 1. 1171
7.08.4 Billing charges to be a lien . City and Contractor may recover unpaid amounts 1172 through the lien process outlined in City Municipal Code § 9.20.110. 1173
7.09 Billing Accounts After Missed Collections. 1174
7.09.1 In the event of a missed Collection, wherein Containers were properly set out in a 1175 timely manner and wherein the Contractor was unable resolve the complaint by the end of the following 1176 Workday, Contractor shall credit the account of the Customer that experienced the missed Collection by a 1177 prorated amount for that missed Service. 1178
7.09.2 In the event that a Customer was subject to a missed Collection wherein Containers 1179 were properly set out in a timely manner and wherein the Contractor was unable to return and Collect the 1180 Customer’s Solid Waste until the following week, that Customer shall not be subject to an y Solid Waste 1181 Overage fees or otherwise be penalized or tracked for an instance of Overage. 1182 Article 8. Diversion Requirements 1183
8.01 Warranties and Representations. Contractor warrants that it is aware of and familiar with 1184 City's waste stream, and that it has the ability, and shall use commercially reasonable efforts to provide and 1185 employ, sufficient programs and services to ensure City will meet or exceed City’s Diversion goals 1186 requirements (including, without limitation, amounts of Solid Waste to be Diverted, timeframes for Diversion, 1187 and any other requirements) as set forth in this Article, Applicable Law, and CalRecycle Regulations, and that 1188
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Contractor will do so without imposing any costs or fees other than those set forth in Exhibit 1. Contractor 1189 hereby agrees to assist the City to meet or exceed, on an annual basis , the Diversion Compliance , by 1190 undertaking the actions set forth in Section 8.02. For purposes of this Agreement and Contractor’s obligations 1191 outlined herein, the terms “City’s Diversion”, “City’s Diversion goals”, “Diversion Requirements”, “Franchised 1192 Diversion Rate”, and similar terminology means compliance with the requirements for meeting the State’s fifty 1193 percent (50%) diversion rate expressed as a pounds per day per year rate as established by CalRecycle , 1194 pursuant to Public Resources Code Section 41780, as Applicable Law. 1195
8.02 Contractor Required Actions. Contractor shall take all of the following actions to assist the 1196 City in meeting, on an annual basis, Diversion Compliance: 1197
8.02.1 Except for Organic Waste Collected from homeless encampments or material 1198 subject to quarantine by the California Department of Food & Agriculture, and except as provided in Sections 1199
5.06 and 5.10, Collect and deliver all Organic Waste to the Organic Waste Processing Facility for processing 1200 and Diversion. 1201
8.02.2 Except as provided in Sections 5.06 and 5.10, Collect and deliver all Recyclable 1202 Materials to the Materials Recovery Facility. 1203
8.02.3 Collect and deliver all Garbage to the Disposal Facility. 1204
8.02.4 Collect and deliver all Construction and Demolition Debris to the Materials Recovery 1205 Facility. 1206
8.02.5 Deliver all material set out for Collection in Cart, Bins , or Roll -Off Containers 1207 identified as containing Source Separated Recyclable Material to the Materials Recovery Facility for 1208 processing and Diversion. 1209
8.02.6 Deliver all material set out for Collection in Cart, Bins , or Roll -Off Containers 1210 identified as containing Source Separated Organic Waste to the Organic Waste Processing Facility for 1211 processing and Diversion. 1212
8.02.7 Only material in Garbage Carts or Garbage Bins will be delivered to the Disposal 1213 Facility for Disposal. All other material must go to the appropriate facility for full processing and Diversion. 1214
8.02.8 Contractor must take all commercially reasonable and lawful actions to maximize 1215 Diversion of materials from landfills. 1216
8.02.9 Contractor must develop and provide sufficient accurate information and data as 1217 necessary to ensure that Contractor and City annually demonstrate Diversion Compliance to CalRecycle. 1218
8.02.10 Contractor must implement public education and outreach programs as required 1219 under this Agreement. 1220
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8.03 Annual Reporting. Contractor shall calculate the Diversion Compliance Rate on an annual 1221 basis and shall deliver a written report regarding the same to the City no later than February 14 of the year 1222 following the reporting period as set forth in Section 22.06. 1223
8.04 Failure of Recyclables Market . Notwithstanding any other provision of this Agreement to 1224 the contrary, where CalRecycle has determined that there are no commercially viable markets for a specific 1225 type of Recyclable Materials, or with written notice to City, Contractor is unable to identify a market for one or 1226 more Recyclable Materials despite the exercise of commercially reasonable efforts to process and market 1227 the material, and determines to Dispose of the Recyclable Material(s), such a determination shall not 1228 constitute a failure to implement service, a failure to implement a program, or an event of default hereunder. 1229
8.05 Failure to Meet Franchised Diversion Rate. If CalRecycle determines that City has failed 1230 to meet the Diversion Compliance due to Contractor’s failure to undertake the actions described in this 1231 Section, Contractor must prepare, at Contractor’s cost and expense, and submit a corrective action plan to 1232 City sufficient to demonstrate good faith efforts by City to comply with Diversion Compliance and that is 1233 otherwise acceptable to CalRecycle, and may be subject to Administrative Charges and Penalties as allowed 1234 under Article 25 and specified in Exhibit 5. Contractor must also submit a written corrective action plan to the 1235 City before March 15 of the year following the missed minimum Diversion requirement. Contractor’s corrective 1236 action plan must specify all actions Contractor will take to ensure it will meet Diversion Compliance Rates in 1237 the future and shall be subject to the review and approval by the Agreement Administrator. Contractor must 1238 implement all measures identified in the corrective action plan at its sole cost and expense, unless the failure 1239 to meet Diversion Compliance was due to a Change in Law or due to the negligent acts or omissions of the 1240 City. If Contractor fails to submit an adequate corrective action plan or to fully implement a City -approved 1241 corrective action plan, it shall subject Contractor to Administrative Charges and Penalties as allowed under 1242 Article 25 and specified in Exhibit 5 in addition to any other remedies available to the City. 1243
8.06 Representations and Warranties. Contractor represents and warrants that it is aware of 1244 and familiar with the Diversion Compliance, the Applicable Laws , and City ’s waste stream. Contractor 1245 represents and warrants that it has the capacity, skill, and ability to undertake the actions identified in Section 1246
8.02 above without imposing any costs or fees other than those set forth in the Schedule of Maximum Service 1247 Rates, as may be adjusted as provided for in this Agreement. Where the Diversion Compliance is modified 1248 by a Change in Law, Contractor agrees to develop and implement such actions, programs, and measures as 1249 are necessary to bring City into compliance with the modified Diversion Compliance, and City agrees that it 1250 will meet and confer with Contactor for a period not to exceed ninety (90) days regarding such actions, 1251 programs, and measures, their implementation, and adjustments to rates reasonably necessary to effectuate 1252 same in accordance with Section 30.01. 1253
8.07 Mutual Cooperation. City and Contractor shall each reasonably cooperate in good faith 1254 with all efforts of the other Party to meet City's Diversion requirements under Applicable Law and the 1255 Contractor’s obligations under this Article. City's obligations in this regard shall include, without limitation, 1256 making such petitions and applications as may be reasonably requested by Contractor for time extensions in 1257 meeting Diversion goals, or other exceptions from the terms of Applicable Laws, and to agree to authorize 1258 such changes to Contractor’s Recyclable Materials, Organic Waste, or Solid Waste programs as may be 1259 reasonably requested by Contractor in order to achieve the minimum requirements of this Article. 1260
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8.08 Contractor’s Diversion Programs. Contractor shall implement the Diversion programs 1261 required under this Agreement to ensure that City and Contractor comply with all Diversion requirements 1262 under Applicable Law and the City meets or exceeds all minimum Diversion requirements under Applicable 1263 Law. Contractor shall furthermore, at its sole cost and expense, (a) assist the City in responding to inquiries 1264 from, or prepare for and attend any hearing before, CalRecycle or any other regulatory agency relating to the 1265 City’s compliance with Applicable Law; prepare for and participate in CalRecycle’ s review of the City's SRRE; 1266 apply for any extension available under Applicable Law; develop and implement a public awareness and 1267 education program consistent with the City's SRRE and Household Hazardous Waste Element and any 1268 related requirements of Applicable Law; ( b) provide the City with Recycling, source reduction, and other 1269 technical assistance as may be needed to comply with Applicable Law; and (c) advise the City of additional 1270 programs or measures Contractor can, if authorized by the City, implement to increase compliance with the 1271 Diversion requirements of Applicable Law. 1272
8.09 New Diversion Programs. If Contractor fails to meet any Diversion Compliance requirement 1273 or the City fails to meet any CalRecycle Diversion requirement, notwithstanding Contractor’s implementation 1274 of all Diversion and public education programs as required by this Agreement, the City may direct Contractor 1275 to modify its Diversion and public education programs or implement new programs. Such modifications shall 1276 constitute a City -Directed Change under Section 30.01. Contractor shall not implement new Diversion 1277 programs not described in this Agreement without the City’s prior consent. 1278
8.10 Nothing contained herein shall prohibit Contractor from meeting its Diversion requirements 1279 by any alternative methods or procedures, provided it complies with Applicable Law, as may be amended 1280 from time to time. Contractor’s ability to meet its Diversion requirements by alternative methods per this 1281 Section is subject to Agreement Administrator review and approval. 1282 Article 9. Service Unit Types 1283
9.01 Service Units. Service Units include all the following categories of Premises which are in 1284 the Service Area as July 1, 2025, and all such Premises which may be added to the Service Area by means 1285 of annexation, new construction, or as otherwise set forth in this Agreement during Term of this Agreement: 1286
9.01.1 SFD Service Units. Services are specified in Article 10. 1287
9.01.2 MFD Service Units. Services are specified in Article 11. 1288
9.01.3 Commercial Service Units. Services are specified in Article 12. 1289
9.01.4 Industrial Service Units. Services are specified in Article 13. 1290
9.01.5 City Service Units. Services are specified in Article 14. 1291
9.01.6 Any question as to whether a Premises falls within one of these categories will be 1292 determined by the Agreement Administrator and the determination of the Agreement Administrator will be 1293 final. 1294
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9.02 Service Unit Changes. City and Contractor acknowledge that during the Term of this 1295 Agreement it may be necessary or desirable to add or delete Service Units for which Contractor will provide 1296 Service. 1297
9.02.1 Additions and Deletions . Contractor must provide services described in this 1298 Agreement to new Service Units in Contractor’s Service Area within five (5) Workdays of receipt of notice 1299 from City or the new Service Unit to begin such Service. 1300
9.03 Annexation. If, during Term of the Agreement, additional territory within or adjacent to the 1301 Contractor’s Service Area is acquired by City through annexation, subject to the requirements of Public 1302 Resources Code Section 49520, Contractor agrees to provide Solid Waste Collection in such annexed area 1303 in accordance with the provisions and Maximum Service Rates set forth in this Agreement after termination 1304 of former contractor’s rights to provide service have been exhausted. Such Solid Waste Collection must begin 1305 within five (5) Workdays of receipt of written notice from City. Contractor may not begin Collection Service 1306 without written authorization from City. 1307
9.04 Route Map Update. Contractor must revise the Service Unit route maps to show the 1308 addition of Service Units added due to annexation and must provide such revised maps to the Agreement 1309 Administrator as requested. 1310
9.05 Shared Service. Provided that the City updates the City Municipal Code, in collaboration 1311 with Contractor, with such Municipal Code updates that provide specifics regarding a share service program, 1312 City businesses may not be prohibited from sharing Bins with other businesses as a single Commercial 1313 Service Unit, or from coordinating to share a single Commercial Service Unit Collection account; and City 1314 residents shall not be prohibited from sharing Containers with other residents as a single SFD Service Unit, 1315 or from coordinating to share a single SFD Service Unit Collection account. 1316 Article 10. Residential Service 1317
10.01 SFD Conditions of Service . Except as set forth below, Contractor must provide SFD 1318 Collection Services to all SFD Units in the Service Area. The SFD Services are governed by the following 1319 terms and conditions: 1320
10.01.1 Curb Service. Except for those Service Recipients that choose to receive Bins for 1321 service, Contractor must provide SFD Collection Service to all SFD Service Units in the Service Area whose 1322 SFD Solid Waste is properly containerized in Garbage Carts ; Recyclable Materials are properly 1323 containerized in Recyclable Materials Carts, except as set forth in Section10.09.2; and Organic Wastes are 1324 properly containerized in Organic Waste Carts, except as set forth in Section 10.10.3; and where the 1325 Garbage, Recyclable Materials, and Organic Waste Carts have been placed within three (3) feet of the curb, 1326 swale, paved surface of the public roadway, closest accessible roadway, or other such location agreed to 1327 by Contractor and Service Recipient that will provide safe and efficient accessibility to Contractor's Collection 1328 crew and vehicle. 1329
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10.01.2 Bundled SFD Cart Service. Contractor will use a weekly Bundled SFD Solid Waste 1330 Collection Service system with one (1) 32-gallon Black or Grey Garbage Cart, one (1) 64-gallon Blue 1331 Recyclable Materials Cart, and one (1) 64-gallon Green Organic Waste Cart as part of the base SFD Solid 1332 Waste Collection Service. SFD Service Recipients shall receive one (1) additional Recyclable Materials Cart 1333 and one (1) additional Organic Waste Cart to be included at no additional cost , if requested. Garbage, 1334 Recyclable Materials, and/or Organic Waste Carts with a capacity of twenty (20) gallons and/or thirty-two 1335 (32) gallons may be requested by Customers that can demonstrate that they (a) have Cart storage space 1336 constraints and (b) do not generate sufficient quantities of a waste stream type to justify the larger size of 1337 Cart. Five hundred (500) Recyclable Materials Carts with a capacity of ninety-six (96) gallons will be reserved 1338 for distribution to SFD Service Recipients that meet the following criteria: (a) Contractor or City observe the 1339 SFD Service Recipient to habitually cause Overage by exceeding the capacity of their 65-gallon Recyclable 1340 Materials Cart, or (b) SFD Service Recipient can demonstrate that they have Cart storage space constraints 1341 that will prevent the addition of a second 64-gallon Recyclable Materials Cart. Pricing for downsizing Carts, 1342 upsizing Carts, or adding additional Carts, relative to the base Bundled Service, are included in Exhibit 1. 1343
10.01.3 On-Premises Service. Notwithstanding any term or definition set forth in this 1344 Agreement, Contractor must provide Collection of SFD Garbage, Recyclable Materials, and Organic Waste 1345 on the SFD Service Recipients Premises to an SFD Service Unit as follows. 1346
10.01.3.1 At no additional cost to the SFD Service Unit. SFD Service Units 1347 where all adult Service Recipients residing therein have disabilities that prevent them from setting their 1348 Garbage, Recyclable Materials, Organic Waste Cart, or Bulky Waste at the curb for Collection , and if a 1349 request for on-premises service has been made. For Bulky Waste on-premises services, materials must be 1350 staged externally to the Dwelling Unit in a location that’s accessible and visible to Contractor, as close to 1351 the Service Unit’s standard curbside Collection location as is feasible for the Customer. 1352
10.01.3.2 At an additional cost to the SFD Service Unit. 1353 A. SFD Service Units where topography, steep driveways, below-grade dwellings, or 1354 limited access to public street s that prevent the SFD Service Recipient from setting their Garbage, 1355 Recyclable Materials, or Organic Waste Cart at the curb for Collection, as determined by the City and 1356 agreed by the Contractor, and if a request for on-premises service has been made. 1357 B. SFD Service Units inaccessible by standard 3- or 4-axel Collection Vehicles as 1358 determined by the Contractor and agreed by the City. Stinger/scout truck services shall be provided for the 1359 retrieval of Collection Containers from locations with accessibility constraints that make Containers difficult 1360 or impossible to access using regular trash Collection trucks. 1361 C. Contractor must offer “push services” to SFD Service Recipients other than those 1362 listed above on a subscription basis upon request for the Maximum Service Rates set forth in Exhibit 1. 1363 Push services include, but are not limited to, dismounting from the Collection Vehicle, moving the Collection 1364 Containers from their storage location for Collection, and returning the Collection Containers back to their 1365 storage location. 1366
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10.01.3.3 Contractor must provide on-premises Collection Service on the 1367 same Workday that curbside Collection would otherwise be provided to the SFD Service Unit. 1368
10.02 Frequency and Scheduling of Service. SFD Collection Service must be provided one (1) 1369 time per week, on a schedule matching the City’s current service schedule. SFD Collection Service must be 1370 scheduled so that a ll Service Unit s receive Garbage Collection Service, Recyclable Materials Collection 1371 Service, and Organic Waste Collection Service on the same Workday. SFD Collection Service must be 1372 provided, commencing no earlier than 6:00 a.m. and terminating no later than 5:00 p.m., Monday through 1373 Friday, except for Holidays in accordance with Section 5.03. The hours, day, or both of Collection may be 1374 extended due to extraordinary circumstances or conditions with the prior verbal or written consent of the 1375 Agreement Administrator. 1376
10.03 Manner of Collection. The Contractor must provide Collection Service with as little 1377 disturbance as possible; the Contractor must leave any Garbage, Recyclable Materials, or Organic Waste 1378 Cart in an upright position, with the lid closed, at the same point it was Collected, without obstructing alleys, 1379 roadways, driveways, sidewalks , or mailboxes. Contractor’s employees providing Collection Service must 1380 follow the regular walk for pedestrians while on private property and may not trespass nor cross property to 1381 the adjoining Premises unless the occupant or owner of both properties has given permission. Care should 1382 be taken to prevent damage to property, including flowers, shrubs, and other plantings. 1383
10.03.1 Any damage caused by Contractor to Service Recipient property shall be repaired 1384 or replaced promptly. 1385
10.03.2 Notification of Accidents. Contractor shall notify City Representative of any 1386 accidents occurring within the Service Area that involve Contractor’s vehicles, employees, or equipment that 1387 result in any personal injury or property damage. Such notification shall be made within twenty -four (24) 1388 hours of occurrence to City Representative via both (a) email and (b) either an in-person visit or a telephone 1389 call. If Contractor is unable to reach City Representative in person or via telephone, a voicemail is an 1390 acceptable alternative. 1391
10.04 Kitchen Food Waste Pails. Contractor must make available, upon request, Kitchen Food 1392 Waste Pails that comply with Collection Container specifications in Exhibit 3. If any changes to these 1393 specifications are adopted after the Commencement Date that results in Contractor being required to replace 1394 Collection Containers before they have been fully depreciated, Contractor will be eligible for additional 1395 compensation in accordance with Exhibit 1. The services described in this section are not effective until such 1396 time as the City and Contractor agree to a City-Directed Change per Section 30.01. 1397
10.05 Replacement of Carts. Contractor’s employees must take care to prevent damage to Carts 1398 by unnecessary rough treatment. Any Cart damaged by the Contractor must be replaced by Contractor, at 1399 Contractor's expense, within five (5) Workdays at no cost or inconvenience to the Service Recipient. 1400
10.05.1 Upon notification to Contractor by City or a Service Recipient that the Service 1401 Recipient’s Cart(s) has been stolen or damaged beyond repair through no fault of Contractor, Contractor 1402
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must deliver a replacement Cart(s) to such Service Recipient within five (5) Workdays. Contractor must 1403 maintain records documenting all Cart replacements occurring. 1404
10.05.2 Each Service Recipient is entitled to the replacement of one (1) lost, destroyed, or 1405 stolen Cart every ten (10) years during the life of this Agreement at no cost to the Service Recipient. Except 1406 in the case of a Cart that must be replaced because of damage caused by Contractor or in the case where 1407 Contractor elects to replace a Cart rather than repair it on-site, Contractor will be compensated for the cost 1408 of those replacements in excess of one (1) per type of Cart per Service Recipient during the aforementioned 1409 10-year period within the Term of the Agreement, in accordance with the “Cart Exchange” Maximum Service 1410 Rates set forth in Exhibit 1, or as may be adjusted by the City from time to time as provided under this 1411 Agreement. 1412
10.05.3 Contractor understands and agrees that this provision is intended to be applied on 1413 a per Cart type, individual Service Recipient basis, and accordingly each Service Recipient could receive up 1414 to three (3) replacement Carts, one (1) of each type, every ten (10) years during the Term of the Agreement. 1415
10.05.4 Repair of Garbage, Recyclable Materials, and Organic Waste Carts. Contractor is 1416 responsible for the repair of Carts, including, but not limited to, hinged lids, wheels, and axles. Within five (5) 1417 Workdays of notification by the City or a Service Recipient of the need for such repairs, Contractor must 1418 repair the Cart or, if necessary, remove the Cart for repairs and deliver a replacement Cart to the Service 1419 Recipient. Collection Container repair also includes the removal of graffiti from the Collection Container. 1420
10.05.5 Cart Exchange. Upon notification to Contractor by City or a Service Recipient that 1421 a change in the size of a Cart is re quested, Contractor must deliver such Cart to such Service Recipient 1422 within five (5) Workdays. Each SFD Service Unit is eligible to receive one (1) free Cart exchange per 1423 Calendar Year during the Term of this Agreement for moving to a larger Garbage, Recyclable Materials, or 1424 Organic Waste Cart size. Each SFD Service Unit is eligible to receive unlimited Cart exchanges per Calendar 1425 Year during the Term of this Agreement for moving to a smaller Garbage Cart size. Each SFD Service Unit 1426 is eligible to receive one (1) free Cart exchange per Calendar Year during the Term of this Agreement for 1427 moving to a smaller Recyclable Materials or Organic Waste Cart size, provided they meet the qualifications 1428 articulated in Section 10.01.2 above. Accordingly, Contractor will be compensated only for the cost of those 1429 exchanges in excess of one (1) per Calendar Year for those Service Units receiving larger Cart sizes, in 1430 accordance with the “Cart Exchange” service rate as set forth in Exhibit 1 or as may be adjusted this 1431 Agreement. 1432
10.05.6 Additional Cart Request. Upon notification to the Contractor by City or a Service 1433 Recipient that additional Black or Grey Carts for Garbage, Blue Carts for Recyclable Materials, or Green 1434 Carts Organic Waste are requested, Contractor shall deliver such Carts to such Service Recipient within five 1435 (5) Workdays, at the rate set forth in Exhibit 1. 1436
10.06 Ownership of Carts. Ownership of Carts is vested in the Contractor. 1437
10.07 Cleaning of Collection Containers . Once every five (5) years , starting at the date of 1438 signature of this agreement, each SFD Service Recipient is entitled to request the exchange of up to three 1439
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(3) Carts, one each of dirty Garbage, Recyclable Materials, and Organic Waste Carts , for clean Garbage 1440 Recyclable Materials, or Organic Waste Carts. Upon receiving such a request from an SFD Service Recipient 1441 within the allowed timeframe, Contractor must replace the dirty Collection Container(s) with clean Collection 1442 Container(s). All cleaning of Collection Containers shall be performed exclusively at the Contractor’s facility 1443 and must be conducted in such a manner that prevents any water, runoff, or contaminants from entering the 1444 City’s stormwater conveyance system, either directly or indirectly. The Contractor is required to comply with 1445 all applicable Federal, State, and local laws, regulations, and ordinances governing environmental protection 1446 and stormwater discharge in connection with the cleaning of carts . . This service must be provided at no 1447 charge to the Service Recipient, so long as the service is not requested more than once every five years. In 1448 addition, regardless of whether this cleaning is requested by the Service Recipient, Contractor will ensure 1449 that all Collection Containers are exchanged on an as-needed basis so as to maintain a clean appearance 1450 and proper function. Additional exchanges beyond once every five years will be subject to the Maximum 1451 Service Rate set forth in Exhibit 1. 1452
10.08 SFD Garbage Collection Service. This service is governed by the following terms and 1453 conditions: 1454
10.08.1 Non-Collection. Contractor is not required to Collect any Garbage that is not placed 1455 in a Garbage Cart. For every event of non-collection, Contractor must provide the following written notice 1456 via email, U.S. mail, or in person (which may be by Non-Collection Notice) to the Service Recipient: the date 1457 of the Solid Waste Non-Collection and the reason for Non-Collection. Contractor’s Non-Collection Notice for 1458 SFD Service Recipients shall also contain instructions on (a) how to schedule a Bulky Waste Collection and, 1459 if relevant, (b) how to request an additional Collection Container, as well as a QR code that links to a website 1460 with all Disposal programs offered by the City. If Non-Collection occurs for some unforeseeable circumstance 1461 not listed above that the Contractor encounters and is impeded by, Contractor shall provide the same written 1462 notice as described in this Section. 1463
10.08.2 Disposal Facility. Except as set forth below, all Garbage Collected as a result of 1464 performing Solid Waste Collection must be transported to, and Disposed of, at the Disposal Facilities listed 1465 in Exhibit 8. Failure to comply with this provision may result in assessment of Administrative Charges and 1466 Penalties as specified in Exhibit 5 and may result in Contractor being in default under this Agreement. 1467
10.09 SFD Recyclable Materials Service. This service is governed by the following terms and 1468 conditions: 1469
10.09.1 Recyclable Materials - Improper Procedure. The Contractor is not required to 1470 Collect Recyclable Materials if the Service Recipient does not segregate the Recyclable Materials from Solid 1471 Waste or Organic Waste. Furthermore, Contractor is not required to Collect Recyclable Materials that are 1472 contaminated through commingling with Solid Waste or Organic Waste. To address contamination, 1473 Contractor must follow the steps set forth in Section 5.07. 1474
10.09.2 Materials Recovery Facility . Except as provided in Section 5.07, a ll Recyclable 1475 Materials Collected as a result of performing Recycling services must be delivered to the Materials Recovery 1476 Facility listed in Exhibit 8. Failure to comply with this provision may result in assessment of Administrative 1477
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Charges and Penalties as specified in Exhibit 5 and may result in Contractor being in default under this 1478 Agreement. 1479
10.09.3 Recyclable Materials - Changes to Services. Should changes in Applicable Law 1480 arise that necessitate any additions or deletions to the services described in this Section, including the type 1481 of items included as Recyclable Materials, the parties will negotiate any necessary cost changes and will 1482 enter into an Agreement amendment covering such modifications to the services to be performed and the 1483 compensation to be paid in accordance with Section 30.02 before undertaking any changes or revisions to 1484 such services. 1485
10.10 SFD Organic Waste Collection Service. This service is governed by the following terms 1486 and conditions: 1487
10.10.1 Organic Waste Processing Facility. Contractor must deliver all Collected Organic 1488 Waste to the Organic Waste Processing Facility listed in Exhibit 8 and agreed upon by the City . Failure to 1489 comply with this provision may result in assessment of Administrative Charges and Penalties as specified in 1490 Exhibit 5 and may result in Contractor being in default under this Agreement. 1491
10.10.2 Holiday Tree Collection. Contractor must Collect Holiday Trees set out at the curb 1492 for Collection during the three -week period beginning December 26 th each year during the Term of this 1493 Agreement. Holiday Trees set out for Collection may either be containerized within an Organic Waste Cart 1494 or placed on the ground near the Service Unit’s Collection Containers. Contractor must deliver the Collected 1495 Holiday Trees to the Organic Waste Processing Facility for Diversion through uses other than Alternative 1496 Daily Cover or Beneficial Use . This annual service will be provided at no additional charge to the Service 1497 Recipient and shall not be counted as one of the SFD Service Recipient’s free annual Bulky Waste 1498 Collections as set forth in Section 10.11. Contractor is not required to Divert Holiday Trees with tinsel, 1499 flocking, or ornaments. 1500
10.10.3 Organic Waste - Improper Procedure. Contractor is not required to Collect Organic 1501 Waste if the Service Recipient does not segregate the Organic Waste from Solid Waste or Recyclable 1502 Materials. Furthermore, Contractor is not required to Collect Organic Wastes that are contaminated through 1503 commingling with Solid Waste or Recyclable Materials. Contractor will address contamination in accordance 1504 with Section 5.07. 1505
10.10.4 Home Compost Bins. In the event that home compost bins are no longer provided 1506 to the City by West Contra Costa Integrated Waste Management Authority, Contractor shall store, promote, 1507 and distribute a maximum of 500 Home Compost Bins per Calendar Year to be used by Service Recipients 1508 to Compost Organic Waste. Contractor is responsible for purchase and storage of Home Compost Bins, and 1509 Contractor is responsible for providing Home Compost Bins to SFD Service Recipients upon request, until 1510 the maximum of 500 has been reached . The services described in this section are not effective until such 1511 time as the City and Contractor agree to a City-Directed Change per Section 30.01. 1512
10.11 SFD Bulky Waste Collection Service. This service is governed by the following terms and 1513 conditions: 1514
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10.11.1 Conditions of Service. Contractor must provide SFD Bulky Waste Collection 1515 Service, including the Collection of E-Waste and U -Waste, to all SFD Service Units in the Service Area 1516 whose Bulky Waste, E-Waste, and U-Waste have been placed within three (3) feet of the curb, swale, paved 1517 surface of the public roadway, closest accessible roadway, or other such location agreed to by Contractor 1518 and Service Recipient, that will provide safe and efficient accessibility to Contractor's Collection crew and 1519 vehicle. Up to three (3) times per Calendar Year, each Service Recipient is entitled to receive Bulky Waste 1520 Disposal amounting to the equivalent of (a) fifteen (15) 35-gallon bags with a maximum weight of 50 pounds 1521 per each bag, (b) four (4) 95-gallon bags with a maximum weight of 50 pounds per each bag, (c) five (5) E-1522 Waste items, or (d) up to 1.8 cubic yards of uncontainerized Garbage or Organic Waste per Dwelling Unit 1523 for up to four (4) units at no additional cost and expense. For subsequent Collection in any Calendar Year, 1524 the Contractor shall receive compensation from the Customer at the rate for such service as set in Exhibit 1525
1. One of the three Bulky Waste Disposals per Calendar Year, at no additional cost and expense, may be 1526 replaced by a Large Item Pick-up, which shall consist of up to three (3) Large Items. Additional Large Item 1527 Pick-ups are subject to the Maximum Service Rate set forth in Exhibit 1. 1528
10.11.2 Frequency of Service. Bulky Waste Collection Service will be provided on the next 1529 regular Collection day if the request is received at least ten (10) Workdays in advance of the next regular 1530 Collection day. The Service Recipient may not intentionally commingle residential Bulky Waste with other 1531 Residential Waste. 1532
10.11.3 Bulky Waste Containing Freon. In the event Contractor Collects Bulky Waste that 1533 contain Freon, Contractor must handle such Bulky Waste in a manner such that the Bulky Waste is not 1534 subject to regulation as Hazardous Waste under applicable State and Federal laws or regulations. 1535
10.11.4 Maximum Reuse and Recycling. Contractor must Dispose of Bulky Waste Collected 1536 from Service Units pursuant to this Agreement in accordance with the following hierarchy: 1537
10.11.4.1 Reuse as is (where energy efficiency is not compromised). 1538
10.11.4.2 Disassemble for reuse or Recycling. 1539
10.11.4.3 Recycle. 1540
10.11.4.4 Disposal. 1541
10.11.5 Disposal of Bulky Waste. Contractor may not landfill such Bulky Waste unless the 1542 Bulky Waste cannot be reused or recycled. 1543
Article 11. MFD Service 1544
11.01 MFD Conditions of Service. Except as set forth below, Contractor must provide MFD 1545 Collection Services to all MFD Units in the Service Area. The MFD Services are governed by the following 1546 terms and conditions: 1547
11.01.1 Bundled MFD Cart Service. Except for those Service Recipients that choose to 1548 receive Bins for service, Contractor must provide MFD Collection Service to all MFD Service Units in the 1549 Service Area whose MFD Solid Waste is properly containerized in Black/Grey Garbage Carts ; Blue 1550
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Recyclable Materials are properly containerized in Recyclable Materials Carts, except as set forth in Section 1551
11.08.4; and Organic Wastes are properly containerized in Green Organic Waste Carts, except as set forth 1552 in Section 11.09.3; and where the Garbage, Recyclable Materials, and Organic Waste Carts have been 1553 placed within three (3) feet of the curb, swale, paved surface of the public roadway, closest accessible 1554 roadway, or other such location agreed to by Contractor and Service Recipient that will provide safe and 1555 efficient accessibility to Contractor's Collection crew and vehicle. 1556
11.01.2 Bundled MFD Bin Service. Contractor must provide MFD Solid Waste Collection 1557 Service to MFD Service Units in the Service Area that choose to receive Bins for service . MFD Collection 1558 Service shall be provided in Garbage Bins at the size and frequency as requested by the MFD Service 1559 Recipient and including at no additional cost one (1) 65-gallon Blue Recyclable Materials Cart or Bin (up to 1560 the size of the Garbage Bin) collected once weekly, and one (1) 65-gallon Green Organic Waste Cart or Bin 1561 (1 cubic yard or 2 cubic yards) collected up to three times per week (if needed) as part of the base bundled 1562 MFD Collection Service. Additional services may be requested by the MFD Service Recipient. To be 1563 exempted from MFD Recyclable Materials Service or MFD Organic Waste Collection Service, Service 1564 Recipient must apply for a waiver to the City or their designee. All such waiver applications must be reported 1565 and approved by the City. Additional Collection Containers or different size Collection Containers are subject 1566 to the applicable Maximum Service Rate set forth in Exhibit 1. 1567
11.01.3 On-Premises Service. Notwithstanding any term or definition set forth in this 1568 Agreement, Contractor must provide Collection of MFD Garbage, Recyclable Materials, and Organic Waste 1569 on the MFD Service Recipients Premises to an MFD Service Unit as follows. 1570
11.01.3.1 At no additional cost to the MFD Service Unit. MFD Service Units 1571 where all adult Service Recipients residing therein have disabilities that prevent them from setting their 1572 Garbage, Recyclable Materials, Organic Waste Cart, or Bulky Waste at the curb for Collection, and if a 1573 request for on-premises service has been made. For Bulky Waste on-premises services, materials must be 1574 staged externally to the Dwelling Unit in a location that’s accessible and visible to Contractor, as close to 1575 the Service Unit’s standard curbside Collection location as is feasible for the Customer. 1576
11.01.3.2 At an additional cost to the MFD Service Unit. 1577 A. MFD Service Units where topography, steep driveways, below-grade dwellings, or 1578 limited access to public streets that prevent the MFD Service Recipient from setting their Garbage, 1579 Recyclable Materials, or Organic Waste Cart at the curb for Collection, as determined by the City and 1580 agreed by the Contractor, and if a request for on-premises service has been made. 1581 B. MFD Service Units inaccessible by standard 3 - or 4-axel Collection Vehicles as 1582 determined by the Contractor and agreed by the City. Stinger/scout truck services shall be provided for the 1583 retrieval of Collection Containers from locations with accessibility constraints that make Containers difficult 1584 or impossible to access using regular trash Collection trucks. 1585 C. Contractor must offer “push services” to MFD Service Recipients other than those 1586 listed above on a subscription basis upon request for the Maximum Service Rate set forth in Exhibit 1. Push 1587 services include, but are not limited to, dismounting from the Collection Vehicle, moving the Collection 1588
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Containers from their storage location for Collection, and returning the Collection Containers back to their 1589 storage location. 1590
11.01.3.3 Contractor must provide on -premises Collection Service on the 1591 same Workday that curbside Collection would otherwise be provided to the MFD Service Unit. 1592
11.02 Frequency and Scheduling of Service . MFD Collection Service must be provided, 1593 commencing no earlier than 6:00 a.m. and terminating no later than 5:00 p.m., Monday through Friday. This 1594 service must be provided as deemed necessary and determined between Contractor and the MFD Service 1595 Unit, but such service must be received no less than one (1) time per week with no exception for Holiday(s) 1596 as set forth herein, except that Collection service scheduled to fall on a Holiday may be rescheduled as 1597 determined between the Service Unit and Contractor as long as the minimum frequency requirement is met. 1598 The size of the Container and the frequency (above the minimum) of Collection will be determined between 1599 the MFD Service Unit and Contractor. However, size and frequency must be sufficient to provide that no Solid 1600 Waste need be placed outside the Collection Container. Contractor must provide Containers as part of the 1601 Commercial Collection Maximum Service Rates set forth in Exhibit 1. Service Recipients may own and 1602 provide their own Compactor provided that the Service Recipient is completely responsible for its proper 1603 maintenance, and that such Compactor is of a type that is compatible with Contractor's equipment. Contractor 1604 shall operate equipment that is compatible with pre -existing Service Recipient-owned compactors. All other 1605 Collection Containers used by Service Recipients must be owned and supplied by Contractor. 1606
11.03 Manner of Collection. The Contractor must provide Collection Service with as little 1607 disturbance as possible; the Contractor must leave any Garbage, Recyclable Materials, or Organic Waste 1608 Cart in an upright position, with the lid closed, at the same point it was Collected, without obstructing alleys, 1609 roadways, driveways, sidewalks , or mailboxes. Contractor’s employees providing Collection Service must 1610 follow the regular walk for pedestrians while on private property and may not trespass nor cross property to 1611 the adjoining Premises unless the occupant or owner of both properties has given permission. Care should 1612 be taken to prevent damage to property, including flowers, shrubs, and other plantings. 1613
11.03.1 Any damage caused by Contractor to Service Recipient property shall be repaired 1614 or replaced promptly. 1615
11.03.2 Notification of Accidents. Contractor shall notify City Representative of any 1616 accidents occurring within the Service Area that involve Contractor’s vehicles, employees, or equipment that 1617 result in any personal injury or property damage. Such notification shall be made within twenty -four (24) 1618 hours of occurrence to City Representative via both (a) email and (b) either an in-person visit or a telephone 1619 call. If Contractor is unable to reach City Representative in person or via telephone, a voicemail is an 1620 acceptable alternative. 1621
11.04 Kitchen Food Waste Pails. Contractor must make available, upon request, Kitchen Food 1622 Waste Pails that comply with Collection Container specifications in Exhibit 3. The services described in this 1623 section are not effective until such time as the City and Contractor agree to a City -Directed Change per 1624 Section 30.01. 1625
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11.05 Replacement of Carts. Contractor’s employees must take care to prevent damage to Carts 1626 by unnecessary rough treatment. Any Cart damaged by the Contractor must be replaced by Contractor, at 1627 Contractor's expense, within five (5) Workdays at no cost or inconvenience to the Service Recipient. 1628
11.05.1 Upon notification to Contractor by City or a Service Recipient that the Service 1629 Recipient’s Cart(s) has been stolen or damaged beyond repair through no fault of Contractor, Contractor 1630 must deliver a replacement Cart(s) to such Service Recipient within five (5) Workdays. Contractor must 1631 maintain records documenting all Cart replacements occurring monthly. 1632
11.05.2 Each Service Recipient is entitled to the replacement of one (1) lost, destroyed, or 1633 stolen Cart every ten (10) years during the life of this Agreement at no cost to the Service Recipient. Except 1634 in the case of a Cart that must be replaced because of damage caused by Contractor or in the case where 1635 Contractor elects to replace a Cart rather than repair it on-site, Contractor will be compensated for the cost 1636 of those replacements in excess of one (1) per type of Cart per Service Recipient during the aforementioned 1637 10-year period within the Term of the Agreement, in accordance with the “Cart Exchange” Maximum Service 1638 Rate set forth in Exhibit 1, or as may be adjusted by the City from time to time as provided under this 1639 Agreement. 1640
11.05.3 Contractor understands and agrees that this provision is intended to be applied on 1641 a per Cart type, individual Service Recipient basis, and accordingly each Service Recipient could receive up 1642 to three (3) replacement Carts, one (1) of each type, every ten (10) years during the Term of the Agreement. 1643
11.05.4 Repair of Garbage, Recyclable Materials, and Organic Waste Carts. Contractor is 1644 responsible for the repair of Carts, including, but not limited to, hinged lids, wheels, and axles. Within five (5) 1645 Workdays of notification by the City or a Service Recipient of the need for such repairs, Contractor must 1646 repair the Cart or, if necessary, remove the Cart for repairs and deliver a replacement Cart to the Service 1647 Recipient. Collection Container repair also includes the removal of graffiti from the Collection Container. 1648
11.05.5 Cart Exchange. Upon notification to Contractor by City or a Service Recipient that 1649 a change in the size of a Cart is requested, Contractor must deliver such Cart to such Service Recipient 1650 within five (5) Workdays. Each MFD Service Unit is eligible to receive one (1) free Cart exchange per 1651 Calendar Year during the Term of this Agreement for moving to a larger Garbage, Recyclable Materials, or 1652 Organic Waste Cart size. Each MFD Service Unit is eligible to receive unlimited Cart exchanges per 1653 Calendar Year during the Term of this Agreement for moving to a smaller Garbage Cart size. Each MFD 1654 Service Unit is eligible to receive one (1) free Cart exchange per Calendar Year during the Term of this 1655 Agreement for moving to a smaller Recyclable Materials or Organic Waste Cart size, provided they can 1656 demonstrate that they (a) have Cart storage space constraints and (b) do not generate enough of a waste 1657 stream type to justify the larger size of Cart. Accordingly, Contractor will be compensated only for the cost 1658 of those exchanges in excess of one (1) per Calendar Year for those Service Units receiving larger Cart 1659 sizes, in accordance with the “Cart Exchange” service rate as set forth in Exhibit 1 or as may be adjusted 1660 this Agreement. 1661
11.05.6 Additional Cart Request. Upon notification to the Contractor by City or a Service 1662 Recipient that additional Carts for Garbage, Recyclable Materials, or Organic Waste are requested, 1663
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Contractor shall deliver such Carts to such Service Recipient within five (5) Workdays, at the rate set forth 1664 in Exhibit 1. 1665
11.05.7 Ownership of Carts. Ownership of Carts is vested in the Contractor. 1666
11.06 Cleaning of Collection Containers. Once every five (5) years , starting at the date of 1667 signature of this agreement, each MFD Service Recipient is entitled to request the exchange of up to three 1668 (3) Carts, one each of dirty Garbage, Recyclable Materials, and Organic Waste Carts, for clean Garbage 1669 Recyclable Materials, or Organic Waste Carts. Upon receiving such a request from an MFD Service Recipient 1670 within the allowed timeframe, Contractor must replace the dirty Collection Containers with clean Collection 1671 Containers. All cleaning of Collection Containers shall be performed exclusively at the Contractor’s facility 1672 and must be conducted in such a manner that prevents any water, runoff, or contaminants from entering the 1673 City’s stormwater conveyance system, either directly or indirectly. The Contractor is required to comply with 1674 all applicable federal, state, and local laws, regulations, and ordinances governing environmental protection 1675 and stormwater discharge in connection with the cleaning of carts. This service must be provided at no charge 1676 to the Service Recipient, so long as the service is not requested more than once every five years. In addition, 1677 regardless of whether this cleaning is requested by the Service Recipient, Contractor will ensure that all 1678 Collection Containers are exchanged on an as -needed basis so as to maintain a clean appearance and 1679 proper function. Additional cleanings beyond once every five years will be subject to the Maximum Service 1680 Rate set forth in Exhibit 1. 1681
11.07 MFD Garbage Collection Service. This service is governed by the following terms and 1682 conditions: 1683
11.07.1 Non-Collection. Contractor is not required to Collect any Garbage that is not placed 1684 in a Garbage Cart. In the event of non -collection, Contractor must provide the following written notice via 1685 email, U.S. mail, or in person (which may be by Non-Collection Notice) to the Service Recipient: the date of 1686 the Solid Waste Non -Collection and the reason for Non -Collection. Contractor’s Non-Collection Notice for 1687 MFD Service Recipients shall also contain instructions on (a) how to schedule a Bulky Waste Collection and, 1688 if relevant, (b) how to request an additional Collection Container, as well as a QR code that links to a website 1689 with all disposal programs offered by the City. If Non-Collection occurs for some unforeseeable circumstance 1690 not listed in this Agreement that the Contractor encounters and is impeded by, Contractor shall provide the 1691 same written notice as described in this Section. 1692
11.07.2 Disposal Facility. Except as set forth below, all Garbage Collected as a result of 1693 performing Solid Waste Collection must be transported to, and Disposed of, at the Disposal Facilities listed 1694 in Exhibit 8. Failure to comply with this provision may result in assessment of Administrative Charges and 1695 Penalties as specified in Exhibit 5 and may result in Contractor being in default under this Agreement. 1696
11.08 MFD Recyclable Materials Service. This service is governed by the following terms and 1697 conditions: 1698
11.08.1 Conditions of Service. Contractor must provide MFD Recyclable Materials Service 1699 to all MFD Service Units in the Service Area whose Recyclable Materials are properly containerized in 1700
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Recyclable Materials Collection Containers except as set forth below, where the Recyclable Materials 1701 Collection Containers are accessible. The Maximum Service Rates for Contractor’s MFD Recyclable 1702 Materials Services are set forth in Exhibit 1. 1703
11.08.2 Base MFD Recyclable Materials Service. All MFD Service Recipients subscribing 1704 to MFD Solid Waste Collection Service must receive weekly Collection of Recyclable Materials with a 1705 minimum of at least one 65-gallon Recyclable Materials Cart or Bin (up to the size of the Garbage Bin) 1706 collected once weekly per Service Recipient and included in the Bundled Rate set forth in Exhibit 1. The 1707 actual configuration of Recyclable Materials Collection Container sizes to be provided will be based on the 1708 total equivalent volume and configured in a manner determined by the Service Recipient in consultation with 1709 Contractor. 1710
11.08.3 Recyclable Materials - Improper Procedure. The Contractor is not required to 1711 Collect Recyclable Materials if the Service Recipient does not segregate the Recyclable Materials from Solid 1712 Waste or Organic Waste. Furthermore, Contractor is not required to Collect Recyclable Materials that are 1713 contaminated through commingling with Solid Waste or Organic Waste. To address contamination, 1714 Contractor must follow the steps set forth in Section 5.07. 1715
11.08.4 Materials Recovery Facility. Except as provided in Section 5.07, all Recyclable 1716 Materials Collected as a result of performing Recyclable Materials services must be delivered to the 1717 Materials Recovery Facility listed in Exhibit 8. Failure to comply with this provision may result in assessment 1718 of Administrative Charges and Penalties as specified in Exhibit 5 and may result in Contractor being in 1719 default under this Agreement. 1720
11.08.5 Recyclable Materials - Changes to Services. Should changes in Applicable Law 1721 arise that necessitate any additions or deletions to the services described in this Section, including the type 1722 of items included as Recyclable Materials, the parties will negotiate any necessary cost changes and will 1723 enter into an Agreement amendment covering such modifications to the services to be performed and the 1724 compensation to be paid in accordance with Section 30.02 before undertaking any changes or revisions to 1725 such services. 1726
11.09 MFD Organic Waste Collection Service. This service is governed by the following terms 1727 and conditions: 1728
11.09.1 Base MFD Organic Waste Service. All MFD Service Recipients subscribing to MFD 1729 Garbage Collection Service must receive weekly Collection of the equivalent volume of at least one (1) 65-1730 gallon Green Organic Waste Cart or Bin (1 cubic yard or 2 cubic yards) collected up to three times per week 1731 (if needed) per Service Recipient included in the Bundled Service rate. The actual configuration of Organic 1732 Waste Collection Container sizes to be provided will be based on the total equivalent volume and configured 1733 in a manner determined by the Service Recipient in consultation with Contractor. Contractor may charge for 1734 MFD Organic Waste Collection as set forth in Exhibit 1 for MFD Organic Waste Service greater than the 1735 amounts described in this Section 11.09.1. 1736
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11.09.2 Size and Frequency of Service. This service will be provided as deemed necessary 1737 and determined between Contractor and the Service Recipient, but such service must be received no less 1738 than one (1) time per week with no exception for Holiday(s) as set forth herein, except that Collection Service 1739 scheduled to fall on a Holiday may be rescheduled as determined between the Service Recipient and 1740 Contractor as long as the minimum frequency requirement is met. Service may be provided by Bin or Cart 1741 at the option of the Service Recipient. The size of the Container and the frequency (above the minimum) of 1742 Collection will be determined between the Customer and Contractor. However, size and frequency must be 1743 sufficient to provide that no Organic Waste needs be placed outside the Collection Container. Service 1744 Recipients may own and provide their own Compactor provided that the Service Recipient is completely 1745 responsible for its proper maintenance, and such Compactor is of a type that is compatible with Contractor's 1746 equipment. All other Collection Containers used by Service Recipients must be owned and supplied by 1747 Contractor. 1748
11.09.3 Organic Waste Processing Facility. Contractor must deliver all Collected Organic 1749 Waste to the Organic Waste Processing Facility listed in Exhibit 8 and agreed upon by the City. Failure to 1750 comply with this provision may result in assessment of Administrative Charges and Penalties as specified in 1751 Exhibit 5 and may result in Contractor being in default under this Agreement. 1752
11.09.4 Holiday Tree Collection. Contractor must Collect Holiday Trees set out at the curb 1753 for Collection during the three -week period beginning December 26 th and ending by the third Friday in 1754 January each year during the Term of this Agreement. Contractor must deliver the Collected Holiday Trees 1755 to the Organic Waste Processing Facility for Diversion through uses other than Alternative Daily Cover or 1756 Beneficial Use. This annual service will be provided at no additional charge to the Service Recipient and 1757 shall not be counted as one of the MFD Service Recipient’s free annual Bulky Waste Collections as set forth 1758 in Section 11.10. Contractor is not required to Divert Holiday Trees with tinsel, flocking, or ornaments. 1759
11.09.5 Organic Waste - Improper Procedure. Contractor is not required to Collect Organic 1760 Waste if the Service Recipient does not segregate the Organic Waste from Solid Waste or Recyclable 1761 Materials. Furthermore, Contractor is not required to Collect Organic Wastes that are contaminated through 1762 commingling with Solid Waste or Recyclable Materials. Contractor will address contamination in accordance 1763 with Section 5.07. 1764
11.10 MFD Bulky Waste Collection Service. This service is governed by the following terms and 1765 conditions: 1766
11.10.1 Conditions of Service. Contractor must provide MFD Bulky Waste Collection 1767 Service, including the Collection of E-Waste and U-Waste, to all MFD Service Units in the Service Area 1768 whose Bulky Waste, E-Waste, and U-Waste have been placed within three (3) feet of the curb, swale, paved 1769 surface of the public roadway, closest accessible roadway, or other such location agreed to by Contractor 1770 and Service Recipient, that will provide safe and efficient accessibility to Contractor's Collection crew and 1771 vehicle. Upon property manager request, each MFD Service Unit is annually entitled to receive Bulky Waste 1772 Collection of up to the equivalent of (a) three (3) Large Items (one [1] bulky item may be replaced by five [5] 1773 E-Waste items), (b) fifteen (15) 35-gallon bags with a maximum weight of 50 pounds per each bag, (c) four 1774 (4) 95-gallon bags with a maximum weight of 50 pounds per each bag, (d) five (5) E-Waste items, or (e) 1.8 1775
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cubic yards of uncontainerized Garbage or Organic Waste per Dwelling Unit for up to twenty (20) units at no 1776 additional cost and expense. For subsequent Collection in any Calendar Year, the Contractor shall receive 1777 compensation from the Customer at the rate for such service as set in Exhibit 1. 1778
11.10.2 Frequency of Service. Bulky Waste Collection Service will be provided on the next 1779 regular Collection day if the request is received at least ten (10 Workdays in advance of the next regular 1780 Collection day. The Service Recipient may not intentionally commingle residential Bulky Waste with other 1781 Residential Waste. 1782
11.10.3 Bulky Waste Containing Freon. In the event Contractor Collects Bulky Waste that 1783 contain Freon, Contractor must handle such Bulky Waste in a manner such that the Bulky Waste is not 1784 subject to regulation as Hazardous Waste under applicable State and Federal laws or regulations. 1785
11.10.4 Maximum Reuse and Recycling. Contractor must Dispose of Bulky Waste Collected 1786 from Service Units pursuant to this Agreement in accordance with the following hierarchy: 1787
11.10.4.1 Reuse as is (where energy efficiency is not compromised). 1788
11.10.4.2 Disassemble for reuse or Recycling. 1789
11.10.4.3 Recycle. 1790
11.10.4.4 Disposal. 1791
11.10.5 Disposal of Bulky Waste. Contractor may not landfill such Bulky Waste unless the 1792 Bulky Waste cannot be reused or recycled. 1793
Article 12. Commercial Service 1794
12.01 Commercial Conditions of Service. Except as set forth below, Contractor must provide 1795 Commercial Collection Services to all Commercial Service Units in the Service Area, including those City 1796 Service Units listed in Exhibit 2. MFD Units serviced with Bins will abide by the requirements listed in this 1797 Section unless they conflict with the requirements listed in Article 11, in which case Article 11 requirements 1798 supersede Article 12 requirements. This service is governed by the following terms and conditions: 1799
12.01.1 Provision of Service. Contractor must provide Commercial Garbage Collection 1800 Service, Commercial Recyclable Materials Service, and Commercial Organic Waste Collection Service to 1801 all Commercial Service Units Service Units in the Service Area whose Solid Waste, Recyclable Materials, 1802 and Organic Waste are properly containerized in Collection Containers as appropriate where the Collection 1803 Containers are accessible as set forth in Section 12.01.4. Contractor must offer Garbage, Recyclable 1804 Materials, and Organic Waste Carts in 32 -, 64-, and 96 -gallon sizes. Contractor must offer Garbage and 1805 Recyclable Materials Bins in 1-, 2-, 3-, 4-, and 6-cubic-yard sizes, Food Waste Bins in 1- and 2-cubic-yard 1806 sizes, and Yard Waste Bins in 1-, 2-, and 3-cubic-yard sizes. Contractor may offer Roll-off Containers in 10-1807 , 20-, 30-, and 40-cubic-yard sizes. Contractor must also either provide Collection Service from Compactors 1808 that are owned by Commercial Service Units or provide Compactors for Commercial Service Units to use 1809 for Collection Service, for the Maximum Service Rates set forth in Exhibit 1. The size of the Container and 1810 the frequency (above the minimum) of Collection will be determined between the Service Recipient and 1811
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Contractor. However, the size and frequency must be sufficient to provide that no Garbage, Recyclable 1812 Materials, or Organic Waste need be placed outside the Collection Container. The base Commercial 1813 Collection Service will include Commercial Recyclable Materials Service as described in Section 12.06 1814 below, and Commercial Organic Waste Collection Service as described in Section 12.07.4 below. 1815
12.01.2 Bundled Service . For the Commercial Solid Waste Collection Service system, 1816 Contractor shall provide Garbage Bins as requested by the Commercial Service Recipient and include at no 1817 additional cost one (1) 65-gallon Blue Recyclable Materials Cart or Bin (up to the size of the Garbage Bin) 1818 collected once weekly and one (1) 65-gallon Green Organic Waste Cart or Bin (1 cubic yard or 2 cubic yards) 1819 collected up to three times per week (if needed) as part of the base bundled Commercial Collection Service. 1820 Additional services may be requested by the Commercial Service Recipient. To be exempted from 1821 Commercial Recyclable Materials Service or Commercial Organic Waste Collection Service, Service 1822 Recipient must apply for a waiver to the City or their designee. All such waiver applications must be reported 1823 and approved by the City. 1824
12.01.3 Hours of Collection. Commercial Collection Service must be provided commencing 1825 no earlier than 4:00 a.m., and terminating no later than 7:00 p.m., Monday through Saturday, except for 1826 Holidays. If the Commercial Collection Service is adjacent to Residential Premises, and City receives 1827 complaints about noise from adjacent residents, City and Contractor will confer, gather any necessary 1828 information about the situation, and work together to attempt to find a solution. Contractor will proactively 1829 work in good faith to address noise complaints related to specific locations. The hours, day, or both of 1830 Collection may be extended due to extraordinary circumstances or conditions with the prior verbal or written 1831 consent of the Agreement Administrator. 1832
12.01.4 Accessibility. Contractor must Collect all Collection Containers that are readily 1833 accessible to Contractor's crew and vehicles and not blocked. However, Contractor must provide “push 1834 services” and “stinger/scout truck services” as necessary upon request during the provision of Commercial 1835 Collection Services for the Maximum Service Rate set forth in Exhibit 1. Push services include, but are not 1836 limited to , dismounting from the Collection Vehicle, moving the Collection Containers from their storage 1837 location for Collection, and returning the Collection Containers back to their storage location, relocking the 1838 storage enclosure if a lock is included . Stinger/scout truck services provide for the retrieval of Collection 1839 Containers from locations with accessibility constraints that make Containers difficult or impossible to access 1840 using regular trash Collection trucks. 1841
12.01.5 Manner of Collection. Contractor must provide Commercial Collection Service 1842 consistent with Section 9.20.080 of the Richmond Municipal Code with as little disturbance as possible and 1843 must leave any Collection Container in an upright position, with the lid closed, at the same point it originally 1844 located, without obstructing alleys, roadways, driveways, sidewalks, or mailboxes. 1845
12.02 New Containers. At the start of this Agreement, Contractor must supply new Carts to 1846 Service Recipients not currently receiving Commercial Recyclable Materials Service and /or Commercial 1847 Organic Waste Collection Service, as well as Bins and Roll-off Containers in good condition that comply with 1848 Collection Container specifications in Exhibit 3. If any changes to these specifications are adopted after the 1849 Commencement Date that results in Contractor being required to replace Collection Containers before they 1850
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have been fully depreciated, Contractor will be eligible for additional compensation in accordance with Section 1851
30.02. 1852
12.02.1 Purchase and Distribution of Collection Containers for New Commercial Service 1853 Units. Contractor must also distribute newly painted Collection Containers as specified in Exhibit 3 to new 1854 Commercial and MFD Service Units that are added to Contractor’s Service Area during the Term of this 1855 Agreement. The size and mix of the Collection Containers will be in accordance with the service agreement 1856 obtained by Contractor as set forth in this Agreement and the distribution must be completed within five (5) 1857 Workdays of receipt of the request for service. 1858
12.02.2 Replacement of Collection Containers. Contractor’s employees must avoid damage 1859 to Collection Containers by unnecessary rough treatment. Any Collection Container damaged by the 1860 Contractor must be replaced by Contractor, at Contractor's expense, within five (5) Workdays at no cost or 1861 inconvenience to the Service Recipient. 1862
12.02.2.1 Each Commercial Service Unit is entitled to the replacement of 1863 one (1) lost, destroyed, or stolen Garbage, Recyclable Materials, and Organic Collection Container every 1864 ten (10) years during the life of this Agreement at no cost to the Service Unit. Accordingly, Contractor will 1865 be compensated for the cost of those replacements in excess of one (1) Garbage, Recyclable Materials, 1866 and Organic Collection Container per Commercial Service Unit during the aforementioned 10-year period 1867 within the Term of the Agreement , in accordance with the “ Collection Container Exchange” Maximum 1868 Service Rate , as appropriate, set forth in Exhibit 1 . Contractor must deliver a replacement Collection 1869 Container to such Service Unit within five (5) Workdays. 1870
12.02.3 Repair of Collection Containers. Contractor is responsible for repair of Collection 1871 Containers. Within five (5) Workdays of notification by City or a Service Recipient of the need for such 1872 repairs, Contractor must repair the Collection Container or, if necessary, remove the Collection Container 1873 for repairs and deliver a replacement Collection Container to the Service Recipient. Collection Container 1874 repair also includes the removal of graffiti from the Collection Container. 1875
12.02.4 Collection Container Exchange. Upon notification to Contractor by City or a Service 1876 Recipient that a change in the ir Collection Containers is required, for reasons beyond those outlined in 1877 Section 12.02.2, Contractor must deliver such Collection Containers to such Service Recipient within five (5) 1878 Workdays. Each Commercial Service Unit is eligible to receive one (1) free Collection Container exchange 1879 per Calendar Year during the Term of this Agreement. Contractor is allowed to charge the Service Unit for 1880 the cost of those exchanges in excess of one (1) Collection Container exchange per Calendar Year, in 1881 accordance with the appropriate “Collection Container Exchange” service rate set forth in Exhibit 1 as may 1882 be adjusted by City under this Agreement. Additional Collection Containers or different size Collection 1883 Containers are subject to the applicable Maximum Service Rate set forth in Exhibit 1. 1884
12.03 Ownership of Collection Containers. Ownership of Collection Containers distributed by 1885 Contractor is vested in Contractor. 1886
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12.04 Cleanliness of Collection Containers. Once every five (5) years, starting at the date of 1887 signature of this agreement, each Commercial Service Recipient is entitled to request the exchange of up to 1888 three (3) Collection C ontainers, one each of dirty Garbage, Recyclable Materials, and Organic Waste 1889 Containers, for clean Garbage Recyclable Materials, or Organic Waste Containers. Upon receiving such a 1890 request from a Commercial Service Recipient within the allowed timeframe, Contractor must replace the dirty 1891 Collection Containers with clean Collection Containers . All cleaning of Collection Containers shall be 1892 performed exclusively at the Contractor’s facility and must be conducted in such a manner that prevents any 1893 water, runoff, or contaminants from entering the City’s stormwater conveyance system, either directly or 1894 indirectly. The Contractor is required to comply with all applicable federal, state, and local laws, regulations, 1895 and ordinances governing environmental protection and stormwater discharge in connection with the cleaning 1896 of carts. This service must be provided at no charge to the Service Unit, so long as the service is not requested 1897 more than once every five years. In addition, regardless of whether this exchange is requested by the Service 1898 Unit, Contractor will ensure that all Collection Containers are exchanged on an as -needed basis so as to 1899 maintain a clean appearance and proper function. Additional exchanges beyond once every five years will be 1900 subject to the Maximum Service Rate set forth in Exhibit 1. 1901
12.05 Commercial Garbage Collection Service. 1902
12.05.1 Conditions of Service. Contractor must provide Commercial Garbage Collection 1903 Service to all Commercial Service Units in the Service Area whose Garbage is properly containerized in 1904 Garbage Collection Containers, where the Garbage Collection Containers are accessible. 1905
12.05.2 Size and Frequency of Service. This service must be provided as deemed 1906 necessary and determined between Contractor and the Commercial Service Unit, but such service must be 1907 received no less than one (1) time per week with no exception for Holiday(s) as set forth herein, except that 1908 Collection service scheduled to fall on a Holiday may be rescheduled as determined between the Service 1909 Unit and Contractor as long as the minimum frequency requirement is met. The size of the Container and 1910 the frequency (above the minimum) of Collection will be determined between the Commercial Service Unit 1911 and Contractor. However, size and frequency must be sufficient to provide that no Solid Waste need be 1912 placed outside the Collection Container. Contractor must provide Containers as part of the Commercial 1913 Collection Maximum Service Rates set forth in Exhibit 1. Service Recipients may own and provide their own 1914 Compactor provided that the Service Recipient is completely responsible for its proper maintenance, and 1915 that such Compactor is of a type that is compatible with Contractor's equipment. All other Collection 1916 Containers used by Service Recipients must be owned and supplied by Contractor. 1917
12.05.3 Non-Collection. Contractor is required to Collect any Commercial Solid Waste that 1918 is not placed in a Garbage Collection Container if such Commercial Solid Waste is outside the Garbage 1919 Collection Container because of overflow. In the event of non -collection, Contractor must provide the 1920 following written notice via email, U.S. mail, or in person (which may be by Non -Collection Notice) to the 1921 Service Recipient: the date of the Solid Waste Non -Collection and the reason for Non -Collection. 1922 Contractor’s Non-Collection Notice for Commercial Service Recipients shall also contain instructions on how 1923 to request an additional Collection Container , if relevant. If Non-Collection occurs for some unforeseeable 1924 circumstance not listed in this Agreement that the Contractor encounters and is impeded by, Contractor shall 1925 provide the same written notice as described in this Section. 1926
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12.05.4 Disposal Facility. All Solid Waste Collected as a result of performing Commercial 1927 Solid Waste Collection must be transported to, and Disposed of at, the Disposal Facility. Failure to comply 1928 with this provision may result in assessment of Administrative Charges and Penalties as specified in Exhibit 1929 5 and may result in Contractor being in default under this Agreement. 1930
12.06 Commercial Recyclable Materials Service. This service is governed by the following terms 1931 and conditions: 1932
12.06.1 Conditions of Service. Contractor must provide Commercial Recyclable Materials 1933 Service to all Commercial Service Units in the Service Area whose Recyclable Materials are properly 1934 containerized in Recyclable Materials Collection Containers, except as set forth below, where the Recyclable 1935 Materials Collection Containers are accessible. The Maximum Service Rates for Contractor’s Commercial 1936 Recyclable Materials Services are set forth in Exhibit 1. 1937
12.06.2 Base Commercial Recyclable Materials Service. All Commercial Service Recipients 1938 subscribing to Commercial Solid Waste Collection Service must receive weekly Collection of Recyclable 1939 Materials with a minimum of at least one 65-gallon Blue Recyclable Materials Cart or Bin (up to the size of 1940 the Garbage Bin) collected once weekly per Service Recipient at no additional cost as part of the base 1941 service and included in the Bundled Rate set forth in Exhibit 1 . The actual configuration of Recyclable 1942 Materials Collection Container sizes to be provided will be based on the total equivalent volume and 1943 configured in a manner determined by the Service Recipient in consultation with Contractor. 1944
12.06.3 Size and Frequency of Service. This service will be provided as deemed necessary 1945 and determined between Contractor and the Service Recipient, but such service must be received no less 1946 than one (1) time per week with no exception for Holiday(s) as set forth herein, except that Collection service 1947 scheduled to fall on a Holiday may be rescheduled as determined between the Service Recipient and 1948 Contractor as long as the minimum frequency requirement is met. Service may be provided by Collection 1949 Container at the option of the Service Recipient. The size of the Collection Container and the frequency 1950 (above the minimum) of Collection will be determined between the Service Recipient and Contractor. 1951 However, size and frequency must be sufficient to provide that no Recyclable Materials need be placed 1952 outside the Collection Container. Contractor may charge for Commercial Recyclable Materials Services 1953 above the weekly trash volume equivalent and must provide Recyclable Materials Collection Containers as 1954 a part of the Bundled Service with rates set forth in Exhibit 1. Service Recipients may own and provide their 1955 own Compactor provided that the Service Recipient is completely responsible for its proper maintenance , 1956 and that such Compactor is of a type that is compatible with Contractor's equipment. All other Collection 1957 Containers used by Service Recipients must be owned and supplied by Contractor. 1958
12.06.4 Recyclable Materials - Improper Procedure. Contractor is not required to Collect 1959 Recyclable Materials if the Service Recipient does not segregate the Recyclable Materials from Commercial 1960 Solid Waste and Organic Waste. Furthermore, Contractor is not required to Collect Recyclable Materials 1961 that are contaminated through commingling with Solid Waste or Organic Waste. To address contamination, 1962 Contractor must follow the steps as set forth in Section 5.07. 1963
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12.06.5 Materials Recovery Facility. All Recyclable Materials Collected as a result of 1964 performing Recyclable Materials Services must be delivered to the Material s Recovery Facility listed in 1965 Exhibit 8. Failure to comply with this provision may result in assessment of Administrative Charges and 1966 Penalties as specified in Exhibit 5 and may result in Contractor being in default under this Agreement. 1967
12.06.6 Recyclable Materials - Changes to Work. Should changes in law arise that 1968 necessitate any additions or deletions to the work described herein including the type of items included as 1969 Recyclable Materials, the parties will negotiate any necessary cost changes and will enter into an Agreement 1970 amendment covering such modifications to the work to be performed and the compensation to be paid in 1971 accordance with Section 30.02 before undertaking any changes or revisions to such work. 1972
12.06.7 Additional Recyclable Materials Collection Containers. Contractor must provide 1973 additional Recyclable Materials Collection Containers to Commercial Service Recipients above the minimum 1974 requirements within five (5) days of request and may charge for such additional capacity set forth in Exhibit 1975 1 provided that additional Collection Containers are used by Service Recipients for the purposes of setting 1976 out additional Recyclable Materials for regular weekly Commercial Recyclable Materials Service. 1977
12.07 Commercial Organic Waste Collection Service. This service is governed by the following 1978 terms and conditions: 1979
12.07.1 Conditions of Service. Contractor must provide Commercial Organic Waste 1980 Collection Service to all Commercial Service Units in the Service Area whose Organic Waste is properly 1981 containerized in Organic Collection Containers , where the Organic Waste Collection Containers are 1982 accessible. Contractor will conduct a site visit with each non-exempt Service Recipient to determine the 1983 specific materials to be included in the Service Recipient’s Organic Waste Collection (i.e., Food Waste, 1984 Green Waste, combined Food and Green Waste). Contractor will charge for Collection of Organic Waste 1985 within the Bundled Service rate specified in Exhibit 1. For Organic Waste Collected in Collection Containers 1986 beyond the size specified in the Bundled Service rate, Contractor will charge at the rate set forth in Exhibit 1987
1. Contractor agrees that not all Service Units will elect to receive Organic Waste Collection Service in Carts, 1988 and that Contractor will provide Organic Waste Collection Bins upon request and as necessary. Service 1989 Recipients may elect to add Green Waste only Collection Bins to their service at pricing included in Exhibit 1990
1. Contractor will provide enough Collection Containers and at a Collection frequency to allow for any such 1991 Service Unit to utilize the Collection of Organic Waste. Commercial Organic Waste Collection will occur 1992 Monday through Saturday upon request and as necessary. City shall provide Contractor a list of the names 1993 and addresses of Commercial Service Units that are approved by City for exemption from Organic Waste 1994 Collection. 1995
12.07.2 Organic Waste Processing Facility. Contractor must deliver all Collected Organic 1996 Waste to the Organic Waste Processing Facility listed in Exhibit 8. Failure to comply with this provision may 1997 result in assessment of Administrative Charges and Penalties as specified in Exhibit 5 and may result in 1998 Contractor being in default under this Agreement. 1999
12.07.3 Organic Waste Collection Frequency. Contractor must comply with CalRecycle 2000 Collection frequency requirements as they may apply during the Term of this Agreement . If any such 2001
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changes to Collection frequency are adopted after Commencement Date that result in Contractor being 2002 allowed to reduce the frequency of Garbage or Organic Waste Collection, or otherwise cause Contractor to 2003 reduce its Collection costs as a result in a change in Garbage or Organic Waste Collection frequency, 2004 Contractor must provide City with its estimate of its reduced costs and shall make adjustments to the 2005 Maximum Service Rates. 2006
12.07.4 Base Commercial Organic Waste Service. All Commercial Service Recipients 2007 subscribing to Commercial Garbage Collection Service must receive weekly Collection of the equivalent 2008 volume of at least one (1) 65-gallon Green Organic Waste Cart or Bin (1 cubic yard or 2 cubic yards) collected 2009 up to three times per week (if needed) per Service Recipient at no additional cost as part of the base service 2010 included in the Bundled Service rate. The actual configuration of Organic Waste Collection Container sizes 2011 to be provided will be based on the total equivalent volume and configured in a manner determined by the 2012 Service Recipient in consultation with Contractor. Contractor may charge for Commercial Organic Waste 2013 Collection as set forth in Exhibit 1 for Commercial Organic Waste Service greater than the amounts 2014 described in this Section 12.07.4. 2015
12.07.5 Size and Frequency of Service. This service will be provided as deemed necessary 2016 and determined between Contractor and the Service Recipient, but such service must be received no less 2017 than one (1) time per week with no exception for Holiday(s) as set forth herein, except that Collection service 2018 scheduled to fall on a Holiday may be rescheduled as determined between the Service Recipient and 2019 Contractor as long as the minimum frequency requirement is met. Service may be provided by Bin or Cart 2020 at the option of the Service Recipient. The size of the Container and the frequency (above the minimum) of 2021 Collection will be determined between the Customer and Contractor. However, size and frequency must be 2022 sufficient to provide that no Organic Waste needs be placed outside the Collection Container. Service 2023 Recipients may own and provide their own Compactor provided that the Service Recipient is completely 2024 responsible for its proper maintenance, and that such Compactor is of a type that is compatible with 2025 Contractor's equipment. All other Collection Containers used by Service Recipients must be owned and 2026 supplied by Contractor. 2027
12.07.6 Organic Waste - Improper Procedure. Contractor is not required to Collect Organic 2028 Waste if the Service Recipient does not se parate the Organic Waste from Solid Waste and Recyclable 2029 Materials. Furthermore, Contractor is not required to Collect Organic Waste that is contaminated through 2030 commingling with Solid Waste or Recyclable Materials . To address contamination, Contractor must follow 2031 the steps set forth in Section 5.07. 2032
12.07.7 Organic Waste - Changes to Services. Should changes in law arise that necessitate 2033 any additions or deletions to the services described in this Section, including the type of items included as 2034 Organic Waste, the parties will negotiate any necessary cost changes and will enter into a n Agreement 2035 amendment covering such modifications to the services to be performed and the compensation to be paid 2036 in accordance with Section 30.02 before undertaking any changes or revisions to such services. 2037
12.07.8 Additional Organic Waste Collection Containers. Contractor must provide additional 2038 Organic Waste Collection Containers to Service Recipients at the rates listed in Exhibit 1 provided that 2039
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additional Collection Containers are used by Service Recipients for the proposes of setting out additional 2040 Organic Waste materials for regular weekly Organic Waste Collection Service. 2041 Article 13. Industrial Service 2042
13.01 Contractor shall provide temporary Bin and Roll-Off Container service, including 2043 Construction and Demolition Debris Bins, to Service Recipients. Contractor must offer temporary Bins in 1-, 2044 2-, 3-, 4-, and 6-cubic-yard sizes, and Contractor must offer temporary Roll -Off Containers in 10-, 20-, 30-, 2045 and 40-cubic-yard sizes. Contractor shall deliver such Bin or Roll-Off Container within one (1) Business Day 2046 of request. The size of the Container and the frequency of Collection will be determined between the Service 2047 Recipient and Contractor. The Contractor shall receive compensation for Temporary Bin and Roll-Off 2048 Container Service from the Customer at the rate for such service as set in Exhibit 1 . Contractor shall also 2049 offer discounts on temporary Roll -Off Container Service Rates for homeowner ’s associations when 2050 requested, for a discount of up to 25% of the standard Service Rates for the requested service. 2051
13.02 Contractor shall provide monthly Roll -Off Container service, including Construction and 2052 Demolition Debris Bins, to Service Recipients. Contractor may offer monthly Roll-Off Containers in 10-, 20-, 2053 30-, and 40 -cubic-yard sizes. Contractor shall deliver such Roll -Off Container within one Business Day of 2054 request. Contractor must also either provide Collection Service from Compactors that are owned by 2055 Commercial Service Units or provide Compactors for Commercial Service Units to use for Collection Service, 2056 for the Maximum Service Rates set forth in Exhibit 1. The size of the Container and the frequency of Collection 2057 will be determined between the Service Recipient and Contractor. The Contractor shall receive compensation 2058 for monthly Roll-Off Container Service from the Customer at the rate for such service as set in Exhibit 1. 2059
13.03 Hours of Collection. Industrial Collection Service must be provided commencing no earlier 2060 than 4:00 a.m., and terminating no later than 7:00 p.m., Monday through Saturday, except for Holidays. If the 2061 Commercial Collection Service is adjacent to Residential Premises, and City receives complaints about noise 2062 from adjacent residents, City and Contractor will confer, gather any necessary information about the situation, 2063 and work together to attempt to find a solution. Contractor will proactively work in good faith to address noise 2064 complaints related to specific locations . The hours, day, or both of Collection may be extended due to 2065 extraordinary circumstances or conditions with the prior verbal or written consent of the Agreement 2066 Administrator. 2067
Article 14. City Services 2068
14.01 City Collection Services. 2069
14.01.1 Contractor shall provide Garbage, Recyclable Materials , and Organic Waste 2070 Collection Services to all City Service Units set forth in Exhibit 2, or as City may designate in the future (and 2071 where applicable, subject to the conditions in this Section), where the Containers are not blocked and are 2072 accessible by Contractor’s Collection Vehicles. City may update Exhibit 2 annually. 2073
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14.01.2 Bulky Waste Collection Service. Contractor shall Collect Bulky Waste, including E-2074 Waste and U-Waste, from City Services Units as listed on Exhibit 2 on an on-call basis on the same terms 2075 and conditions as are provided to SFD Service Units per Section 10.11. 2076
14.01.3 Public Garbage Cans and City Transit Shelters. Contractor shall provide Garbage 2077 Collection services to public trash cans and City -owned bus stops not less than three (3) days per week . 2078 Collection service shall include power-washing public trash cans and maintaining cleanliness in and around 2079 the trash cans on an annual basis . City public trash cans and Transit Shelter Garbage Collection Service 2080 Areas are specified in Exhibit 2. 2081
14.01.4 Development Review. Contractor, upon City’s request, shall assist the City in the 2082 review of applicants’ plans for projects covered by Public Resources Code § 42911, including commercial 2083 and multi -family projects, to provide for effective and economical accumulation and Collection of Solid 2084 Waste. 2085
14.01.5 Contractor shall publicize, to the satisfaction of City, two options for members of the 2086 public to use to report abandoned waste and illegal dumping. The first option, which is preferred by the City, 2087 is for the public to use the City’s free smartphone application. This option should always be listed first in 2088 publicity materials. The second option is the phone number 510-965-4905, a City-specific hotline. 2089
14.01.6 City-Sponsored Events Service. Upon request by the City, Contractor shall provide 2090 Garbage, Recyclable Materials, and Organic Waste Containers and Collection Services at up to forty (40) 2091 City-Sponsored Events annually at no cost to the City. Containers shall be delivered and picked up on the 2092 same day as each event, to prevent unauthorized use of the Containers. 2093
14.01.7 Dumpsters for Large -Scale City Clean -ups. Upon request from City, Contractor 2094 shall provide Roll -Off Containers for large -scale City clean -ups, provided that City provides one week of 2095 advance notice to Contractor. Examples of large -scale City clean-ups may include creek desilting events, 2096 clearance of materials left after clearing encampments, City fire prevention clean-ups, City Facility move-out 2097 days, tenant improvements at City Facilities, Love Your Block multi -family dwelling and/or condominium 2098 dumpster clean-up events, and other miscellaneous activities on City or public property that involve large 2099 quantities of debris. Debris shall not include Excluded Waste. For each clean-up event, Contractor shall 2100 provide 40-, 30-, 20-, and/or 10-yard Roll-Off Containers as requested by City. Containers shall be delivered 2101 and picked up on the same day as each clean-up, or on a day agreed upon by City and Contractor, to prevent 2102 unauthorized use of the Containers. City shall compensate Contractor at the per -pull rate specified in the 2103 Maximum Service Rates in Exhibit 1, but City shall not be charged for any associated costs of Disposal of 2104 Collected materials beyond the per -pull rate for each Container unless Excluded Waste materials are 2105 included within the containers. 2106
14.02 City Collection Conditions of Service. City Collection Services shall be governed by the 2107 following terms and conditions: 2108
14.02.1 Contractor’s Good Will. In exchange for the good will of the City and the general 2109 public, Contractor voluntarily agrees to provide Solid Waste Collection under this Article at no cost to the 2110
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City excepting excess service as provided in this Article and warrants that such service shall neither impact 2111 the Maximum Service Rates nor be otherwise paid for or subsidized by any other Service Recipients. 2112
14.02.2 Contractor shall receive written permission from the City before placing any 2113 Collection Containers on City-owned property for service, except that no such permission shall be needed 2114 to place Collection Containers at locations specified for such Containers in Exhibit 2. 2115
14.02.3 Contractor shall limit the number of trips and the path of travel for Collection 2116 Vehicles in City parking lots. 2117
14.02.4 Container Service. City Facilities shall be provided Solid Waste Collection generally 2118 subject to the same terms and conditions as similar Service Units regarding Container specifications, repair, 2119 replacement, cleanings, and exchange; provided the City shall not be charged for any requests for such 2120 services. 2121
14.02.5 Frequency of Service. The frequency of Collection may be designated by the City, 2122 but not to exceed six (6) times per week per Container. City may change the City Service Units receiving 2123 service, and the Container volume and Collection frequency provided to any City Service Unit, by written 2124 notice to Contractor. 2125
14.02.6 Keys to City Facilities. City may issue Contractor sets of keys to facilitate access to 2126 City Service Unit sites. Contractor shall be responsible for the safekeeping of these keys, and shall pay for 2127 the replacement cost of keys if replacements are needed. 2128
14.03 Free Disposal for City Service Units at Transfer Station. City shall have the privilege of 2129 depositing Solid Waste, but not any Excluded Waste, that is Collected by City crews from public right-of-way 2130 or City -owned property and delivered in identifiable City vehicles driven by City staff at the Golden Bear 2131 Transfer Station. City shall not be charged for this privilege . Every five (5) years on the anniversary date of 2132 this Agreement, the Parties shall meet and confer to discuss the right of way and City -owned clean-up 2133 program metrics. 2134
14.04 HHW Drop -Off Reimbursement Program for City Service Units . In the event that City 2135 Service Unit delivery of HHW to the West Contra Costa County Household Hazardous Waste Facility is no 2136 longer free to the City, and subject to the terms and conditions of Section 30.01, Contractor shall provide 2137 reimbursement to City for any costs accrued by City Service Unit delivering HHW to the West Contra Costa 2138 County Household Hazardous Waste Facility. City shall provide reimbursement requests with back -up 2139 documentation quarterly, and Contractor shall provide reimbursement quarterly, to be determined via meet 2140 and confer per Section 6.06.3. The agreed upon payment amount shall increase annually by the CPI 2141 Adjustment Calculation in Section 6.03.1. 2142
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Article 15. Additional Services 2143
15.01 Neighborhood Clean -Up Events. Contractor shall provide Roll -Off Containers for 2144 Neighborhood Clean-Up Events (also known as “Dumpster Days”) upon request by City. Each Dumpster Day 2145 event shall occur at one or more locations selected by the City and shall be limited to SFD and MFD Service 2146 Recipients within the City. City shall compensate Contractor at the per -pull rate specified in the Maximum 2147 Service Rates in Exhibit 1, but City shall not be charged for any costs of Disposal of Collected materials , 2148 excepting costs associated with Excluded Waste, or other associated costs beyond the per-pull rate for each 2149 Container. For each event, Contractor shall provide 20 -, 30-, and/or 40 -yard Roll-off Containers at various 2150 locations as directed by City. A typical event may include, but shall not be limited to, twenty-five (25) 40-yard 2151 Roll-off Containers per site with an average of five (5) sites per event. The services shall be provided in a 2152 manner that meets all needs of the Neighborhood Clean-Up Event. The Agreement Administrator shall notify 2153 Contractor in writing or email not less than five (5) weeks prior to the date of each Neighborhood Clean -Up 2154 Event. If requested by the City with not less than eight (8) weeks advance notice, the Contractor shall prepare 2155 and distribute Neighborhood Clean-Up Event notices to SFD and MFD Service Recipients no later than six 2156 (6) weeks prior to each event. At a minimum, the notices shall include the dates and hours of operation, 2157 locations of the Collection sites, and acceptable materials for Collection. The Contractor may separately 2158 electronically transmit the notices or provide the notices as billing inserts to each SFD and MFD Service 2159 Recipient. Contractor shall provide Spanish -translated notices upon request by the City. The costs of 2160 production, printing, mailing and all associated costs for the notices shall be borne by Contractor. Contractor 2161 shall also provide draft versions of the notices in digital format to the City prior to circulation. The notices shall 2162 not be sent without the City’s final review and approval. 2163
15.02 Recovered Organic Waste Procurement. Contractor shall assist the City in meeting the SB 2164 1383-mandated recovered Organic Waste procurement target. At no cost to the City, Contractor must assist 2165 City in arranging for produced Compost, mulch, or other recovered Organic Waste products to comply with 2166 SB 1383 procurement requirements to be delivered in qualities, quantities, locations , and times agreed on 2167 between City and Contractor. Such Contractor assistance can be in the form of backhauling materials or 2168 setting aside locations for Service Recipients to pick up produced Compost/mulch at an approved facility. 2169 Contractor agrees to provide up to one hundred fifty (1 50) cubic yards of Compost or mulch to the City 2170 annually. The services described in this section are not effective until such time as the City and Contractor 2171 agree to a City-Directed Change per Section 30.01. 2172
15.03 Compost Giveaway Events. In the event that Compost is no longer provided by the West 2173 Contra Costa Integrated Waste Management Authority, and subject to the terms and conditions of Section 2174
30.01, Contractor will provide at least two Compost giveaway events per year for City residents. Contractor 2175 shall make available at least one hundred eighty (180) cubic yards of Compost on an annual basis at no 2176 additional cost to City. The location, date, and time of such events shall be mutually agreed upon by 2177 Contractor and City. The services described in this section are not effective until such time as the City and 2178 Contractor agree to a City-Directed Change per Section 30.01. 2179
15.04 Edible Food Recovery Support. In the event that Edible Food Recovery support is no longer 2180 provided by the West Contra Costa Integrated Waste Management Authority, and subject to the terms and 2181
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conditions of Section 30.01, Contractor will, at no additional cost to the City, provide support to the City’s 2182 Edible Food Recovery program as required under SB 1383. Contractor support may include educating 2183 commercial Edible Food generators, providing records of site visits, conducting education efforts, providing 2184 lists of food recovery organizations, and coordinating with Agreement Administrator. Contractor will assist the 2185 City in conducting Food Waste and Green Waste surveys and Diversion programs by providing accurate and 2186 timely service data, conducting site visits, and distributing materials. The services described in this section 2187 are not effective until such time as the City and Contractor agree to a City-Directed Change per Section 30.01. 2188
15.05 Transfer Station Voucher Program for Residents. 2189
15.05.1 Contractor shall make vouchers available to SFD and MFD Service Units for the 2190 delivery of materials to Golden Bear Transfer Station as follows in Sections 15.05.1 and 15.05.2. Each 2191 voucher shall allow the customer to dispose of up to four (4) cubic yards of material per trip to the Golden 2192 Bear Transfer Station. These vouchers cannot be used for E-Waste, U-Waste, or other hazardous materials. 2193 Residents of Service Units shall be required to provide proof of City residence upon drop -off at the facility 2194 receiving the materials. Vouchers shall not be transferrable to any person other than residents of the Service 2195 Unit to whom they were issued. Each individual voucher shall only be valid for a twelve (12) month period. 2196 Contractor shall promote the vouchers in each newsletter. The services described in this section are not 2197 effective until such time as the City and Contractor agree to a City-Directed Change per Section 30.01. 2198
15.06 HHW and Extended Producer Responsibility Drop-Off Events. Contractor shall provide a 2199 minimum of two City-wide HHW (including E-waste, U-Waste, pharmaceuticals, and sharps), textile, carpet, 2200 and mattress Collection drives on an annual basis. The events shall be conducted by Contractor at no cost 2201 of any kind to the City. Contractor will schedule Collection events with City approval and advertise the drop-2202 off events not less than one week prior to the scheduled Collection event, but no more than one month prior 2203 to the scheduled Collection event. All textile, carpet, and mattresses Collected through this program shall be 2204 Diverted from the landfill, either through donation to a local non-profit organization or through other means of 2205 Diversion. Contractor must arrange for appropriate disposal of all HHW generated by each event. The 2206 services described in this section are not effective until such time as the City and Contractor agree to a City-2207 Directed Change per Section 30.01. 2208
15.07 HHW Drop-Off Site. In the event that the City’s HHW is no longer accepted 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 one HHW drop-off site within the City limits and provide free HHW drop-2211 off services to City residents. The services described in this section are not effective until such time as the 2212 City and Contractor agree to a City-Directed Change per Section 30.01. 2213
15.08 Sharps Collection Program. Home-generated sharps, such as needles, syringes, and 2214 lancets, shall be placed in a sharps Container and removed from the regular waste stream to minimize 2215 exposure to Solid Waste workers and Recyclable Materials processors. To ensure sharps are handled in an 2216 appropriate manner, Contractor shall provide, upon request, postage-paid mail-back sharps Containers as 2217 follows. In addition, Contractor shall promote this program in newsletters and in other forms of outreach as 2218 determined by City. The services described in this section are not effective until such time as the City and 2219 Contractor agree to a City-Directed Change per Section 30.01. 2220
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15.08.1 Each SFD Service Recipient shall be provided with up to one postage -paid mail-2221 back sharps Container per year at no additional cost. Seniors shall be provided with up to two postage-paid 2222 mail-back sharps Containers per year at no additional cost. 2223
15.08.2 Each MFD dwelling within an MFD Service Unit, up to 20 dwellings per Service Unit, 2224 shall be provided with up to one postage -paid mail-back sharps Container per year at no additional cost. 2225 Seniors shall be provided with up to two postage-paid mail-back sharps Containers per year at no additional 2226 cost. 2227
15.08.3 Contractor shall provide to the City on an annual basis not less than 200 postage-2228 paid mail-back Sharps Containers for City staff to distribute at special events. 2229
15.09 Support in Complying with SB 54. Contractor will, at no cost to the City, provide support to 2230 the City in complying with SB 54. Contractor support may include , but is not limited to, record-keeping, 2231 collection of data, waste stream sampling, and compilation of reports. 2232
15.10 Street Sweeping Services. City and Contractor acknowledge that the City’s street sweeping 2233 program (which is outside of the scope of this Agreement) may be subject to change, potentially including 2234 changes in street sweeping route schedules and/or frequency. In the event that changes in street sweeping 2235 route schedules and/or frequency are planned by the City, the Parties will meet and confer in advance of 2236 such changes to coordinate changes to street sweeping route schedules and/or frequency such that 2237 interference with Contractor’s then current collection route schedule are prevented or minimized. 2238
15.11 Holiday Tree Drop-Off at Transfer Station. City residents showing proof of City residence 2239 shall be permitted to dispose of compostable Holiday Trees at the Golden Bear Transfer Station free of charge 2240 between December 26 th and February 7th each year during the Term of this Agreement. Contractor must 2241 deliver the Holiday Trees to the Organic Waste Processing Facility for Diversion through uses other than 2242 Alternative Daily Cover or Beneficial Use. Contractor is not required to accept Holiday Trees with tinsel, 2243 flocking, or ornaments. 2244
Article 16. Collection Routes 2245
16.01 Service Routes. Contractor must provide City with maps and digital mapping data precisely 2246 defining Collection routes, together with the days and the times at which Collection will regularly commence. 2247
16.02 Service Routes Near Schools. Contractor agrees not to schedule Collection service within 2248 500 feet of a schoo l’s roadway frontage and/or driveways during either the school’s daily morning student 2249 arrival window(s) or the school’s daily afternoon student departure window(s), 2250
16.03 Initial Route Changes. Contractor agrees not to change any Residential Solid Waste 2251 Collection routes in effect as of the Effective Date of this Agreement prior to July 1, 2026, except for limited 2252 route changes that may be necessary for new development and subject to review and approval by the City. 2253 After July 1, 2026, if any re-routing of Residential Solid Waste Collection is necessary for Collection efficiency, 2254 Contractor may submit to City, in writing, proposed route changes (including maps thereof) not less than sixty 2255
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(60) calendar days prior to the proposed date of implementation. Any such initial routing change may not 2256 affect more than ten percent (10%) of SFD Service Units in the City and is subject to City review and approval. 2257
16.04 Future Service Route Changes. Contractor must submit to City, in writing, any proposed 2258 route change (including maps thereof) not less than sixty (60) calendar days prior to the proposed date of 2259 implementation. Contractor may not implement any route changes without the prior review and approval of 2260 the Agreement Administrator. If the change will change the Collection day for a Service Recipient, Contractor 2261 must notify those Service Recipients in writing of route changes not less than thirty (30) days before the 2262 proposed date of implementation. 2263
16.05 Collection Route Audits. City reserves the right to conduct audits of Contractor’s Collection 2264 routes. Contractor must cooperate with City in connection therewith, including permitting City employees or 2265 agents designated by the Agreement Administrator to ride in the Collection Vehicles to conduct the audits. 2266 Contractor has no responsibility or liability for the salary, wages, benefits, or worker compensation claims of 2267 any person designated by the Agreement Administrator to conduct such audits. 2268 Article 17. Minimum Performance Standards 2269
17.01 Billing Audit and Performance Reviews. 2270
17.01.1 Contractor Shall Review its Billings to all Customers. The purpose of the review is 2271 to determine that the amount which the Contractor is billing each Customer is correct regarding the level of 2272 service (i.e., frequency of Collection, size of Container, location of Container) at the rates approved by City 2273 Council resolution. The Contractor shall review Customer accounts not less than annually and provide a 2274 written certification to the City that all such billing is correct. The documentation of the review, as well as 2275 verification that any errors have been corrected, should be provided to the City annually. 2276
17.01.2 Billing Audit and Performance Reviews. City may conduct billing audit and 2277 performance reviews (together, “reviews”) of Contractor’s performance during the Term of this Agreement, 2278 as provided herein. City may conduct two (2) full reviews, with payment to City as stated in Section 2279
17.01.2.1.1 below, during the Initial Term of this Agreement. The purpose of these full reviews will be as 2280 described in Section 17.01.2.2 below. 2281
17.01.2.1 Selection and Cost. The reviews will be performed by the City or 2282 a qualified firm under contract with the City. City will have the final responsibility for the selection of the firm. 2283 City may conduct the two (2) reviews at any time during the Term of the Agreement, but not more frequently 2284 than once per year . Contractor shall pay the City’s costs for the performance review, up to $85,000 per 2285 review. The payment amount shall increase annually by the CPI Adjustment Calculation in Section 6.03.1. 2286
17.01.2.2 Purpose. The reviews will be designed to verify : that Customer 2287 billing rates have been properly calculated and correspond to the level of service received by the Customer, 2288 that Contractor is correctly billing for all services provided, that Franchise Fees and other fees required 2289 under this Agreement have been properly calculated and paid to City, that Contractor is in compliance with 2290 the reporting requirements and performance standards of this Agreement, the Diversion percentages 2291
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reported by Contractor, and any other provisions of the Agreement. City (or its designated consultant) may 2292 utilize a variety of methods in the execution of this review, including, but not limited to, analysis of relevant 2293 documents, on-site and field observations, and interviews. City (or its designated consultant) will review 2294 and document the items in the Agreement that can be objectively evaluated, including those that require 2295 Contractor to meet specific performance standards, submit information or reports, perform additional 2296 services, or document operating procedures. This information will be documented and be formatted in a 2297 “compliance checklist”, with supporting documentation and findings tracked for each of the identified items. 2298 The review will specifically include a determination of Contractor’s compliance with the Diversion 2299 requirements of Article 8 and the public outreach and education requirements of Article 20. City (or its 2300 designated consultant) may review the Customer service functions and structure utilized by Contractor. 2301 This may include Contractor’s protocol for addressing Customer complaints and service interruption 2302 procedures. Complaint logs may be reviewed, along with procedures and systems for tracking and 2303 addressing complaints. On-site and field observations by City (or its designated consultant) may include, 2304 but are not necessarily limited to: 2305
a) Interviews and discussions with Contractor’s administration and management 2306 personnel. 2307
b) Review and observation of Contractor’s Customer service functions and structure. 2308 c) Review of public education and outreach materials. 2309 d) Interviews and discussions with Contractor’s financial and accounting personnel. 2310 e) Interviews with route dispatchers, field supervisors, and managers. 2311 f) Interviews with route drivers. 2312
g) Interviews with vehicle maintenance staff and observation of maintenance 2313 practices. 2314
h) Review of on -route Collection Services, including observation of driver 2315 performance and Collection productivity and visual inspection of residential routes 2316 before and after Collection to evaluate Cart placement and cleanliness of streets. 2317
17.01.2.3 Contractor’s Cooperation. Contractor shall cooperate fully with the 2318 review and provide all requested data, including operational data, financial data, and other data reasonably 2319 requested by City within fifteen (15) Workdays of the request. Failure to submit data by the due date may 2320 result in assessment of Administrative Charges and Penalties as specified in Exhibit 5. 2321
17.01.3 Additional Billing Audit and Performance Review. In the event that the Billing Audit 2322 and Performance Review concludes that Contractor is not in compliance with all terms and conditions of this 2323 Agreement and such non -compliance is material, Contractor is subject to Administrative Charges and 2324 Penalties as described in Exhibit 5 as well as reimbursement to the City for the full cost of the audit plus any 2325 underpayments discovered during the Audit. Additionally, City may conduct an Additional Billing Audit and 2326 Performance Review, beyond the two (2) specified in Section 17.01.2.1, to ensure that Contractor has cured 2327 any such area of non-compliance. Contractor will be responsible for the cost of any such Additional Billing 2328 Audit and Performance Review for a maximum cost of Eighty-Five Thousand Dollars ($85,000) (starting on 2329 July 1, 2026, and each January 1st thereafter. For the purposes of a determination of non-compliance under 2330 this Agreement, Audit findings which result in underpayments of $100,000 or more shall be deemed material. 2331 These payment amounts shall increase annually by the CPI Adjustment Calculation in Section 6.03.1. 2332
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17.01.4 City Requested Program Review. City reserves the right to require Contractor to 2333 periodically conduct reviews of the Garbage, Recyclable Materials, and Organic Waste Collection Service 2334 programs, provided that such reviews are reasonable and can be accomplished at no additional cost to 2335 Contractor and without interfering with Contractor’s operations. Such reviews could assess one or more of 2336 the following performance indicators: average volume of Recyclable Materials per set -out per Customer, 2337 average volume of Organic Waste per set-out per Customer, participation level, contamination levels, etc. 2338 Prior to the program evaluation review, City and Contractor will meet and discuss the purpose of the review 2339 and agree on the method, scope, and data to be provided by Contractor. Failure of Contractor to submit 2340 requested data or information to City within fifteen (15) Workdays of a request may result in assessment of 2341 Administrative Charges and Penalties as specified in Exhibit 5. 2342
17.02 Cooperation with Other Program Reviews. Contractor shall cooperate with City and/or its 2343 agent(s) as reasonably requested to collect program data, perform field work, conduct route audits to 2344 investigate Customer participation levels and set-out volumes, and/or evaluate and monitor program results 2345 related to Garbage, Recyclable Materials, and Organic Waste Collected in City by Contractor, provided that 2346 such cooperation can be accomplished at no additional cost to Contractor and without interfering with 2347 Contractor’s operations. Failure of Contractor to submit requested data or information to City within fifteen 2348 (15) Workdays of a request may result in assessment of Administrative Charges and Penalties as specified 2349 in Exhibit 5. 2350
Article 18. Collection Equipment 2351
18.01 General Provisions. All equipment used by Contractor in the performance of services under 2352 this Agreement must be of a high quality and meet all Federal, State, and local regulations and air quality 2353 standards, including all applicable provisions of Air Quality Management District. Collection vehicles must be 2354 designed and operated so as to prevent Collected materials from escaping from the vehicles. Hoppers must 2355 be closed on top and on all sides with screening material to prevent Collected materials from leaking, blowing, 2356 or falling from the vehicles. All trucks and Containers must be watertight and must be operated so that liquids 2357 do not spill during Collection or in transit. 2358
18.02 Bulky Waste . Vehicles used for Collection of Bulky Waste may not use Compactor 2359 mechanisms or mechanical handling equipment that may damage reusable goods or release Freon or other 2360 gases from pressurized appliances. 2361
18.03 Collection Vehicles. Contractor must use Collection Vehicles as listed in the schedule 2362 included in Exhibit 4 and may not use any Collection Vehicle that is more than ten (10) years old during the 2363 Term of the Agreement , unless the City and Contractor mutually agrees in writing that certain Collection 2364 Vehicles which are more than ten (10) years old are in good operating condition and can be kept in use . 2365 Revised Contractor shall register all new Collection Vehicles under this Agreement to its address within the 2366 City and shall report all purchases of Collection Vehicles under this Agreement as attributable to the City for 2367 sales tax purposes. Collection Vehicles must utilize low carbon (“alternative”) fuel, which must be renewable 2368 natural gas (RNG), liquefied natural gas (LNG), CNG, or electric unless otherwise pre-authorized by the City 2369 in writing. This shall include automated side load all -electric vehicles that will be utilized to provide Cart 2370 Collection Services for this Agreement, as set forth in Exhibit 12. If, during the Term of the Agreement, new 2371
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technologies are available (such as hybrid or electric powered Collection vehicles), the City or the Contractor 2372 may request/negotiate implementation of such new Collection vehicles, with a corresponding change to the 2373 Maximum Service Rates to reflect additional cost or savings. During the Term, to the extent required by law, 2374 Contractor shall provide its Collection Vehicles to be in full compliance with all Applicable Laws, including 2375 State and Federal clean air requirements that are adopted or proposed to be adopted, including, but not 2376 limited to, the California Air Resources Board Heavy Duty Engine Standards as currently proposed to be 2377 contained in California Code of Regulations, Title 13, Sections 2020 et seq., the California Air Resources 2378 Board Advanced Clean Fleets Regulation as outlined in California Code of Regulations, Title 13, Sections 2379 2013 et seq., the Federal EPA’s Highway Diesel Fuel Sulfur regulations, and all other applicable air pollution 2380 control laws. 2381
18.04 Collection Vehicle On-Board Technology. Contractor must use Collection Vehicles fitted 2382 with GPS tracking devices that can be used to record start and stop times, vehicle locations, and maximum 2383 speed. Contractor shall furnish to the City , at no additional cost or expense , any software and equipment 2384 necessary for City to track the location of Collection Vehicles in real time and to generate reports as needed. 2385 Collection Vehicles must also be fitted with cameras that are programmed to take photos, date and location 2386 stamped, to document violations, including contamination, overfilling, and lids not closed. GPS and camera 2387 data must be made available to City upon request. Failure of Contractor to make data or information available 2388 to City within fifteen (15) Workdays of a request may result in assessment of Administrative Charges and 2389 Penalties as specified in Exhibit 5. 2390
18.05 Collection Vehicle Size Limitations / Overweight Vehicle Charge. Contractor may not use 2391 any Collection Vehicle in violation of weigh t limitations in Applicable Law , including any weight limitation 2392 placed on any public roadway or alley as adopted and posted by City . The Contractor may exceed the 2393 Collection Vehicle size limitation for a limited time due to extraordinary circumstances or conditions with the 2394 prior written consent of the Agreement Administrator. The limited time may not exceed 120 days. Contractor 2395 must report all instances of overweight vehicles to City as part of its quarterly reporting described in Section 2396
22.04, and as part of its Annual Reports to the City described in Section 22.05. Contractor may be assessed 2397 Administrative Charges and Penalties as specified in Exhibit 5 as a result of exceeding an overweight vehicle 2398 rate of five percent (5.00%) in any Calendar Year during the Term of the Agreement. The overweight vehicle 2399 rate will be calculated as the total number of overweight Collection Vehicle instances during the Calendar 2400 Year divided by the total number of Collection Vehicle loads transported during the Calendar Year. Prior to 2401 collecting Administrative Charges and Penalties for overweight vehicles, the City shall afford Contractor a 2402 reasonable opportunity to provide the Agreement Administrator with documentation of the extraordinary 2403 circumstance that caused the overweight vehicles. Extraordinary circumstances in this case may include, but 2404 are not limited to, heavy rains or high winds that caused excess Green Waste to be generated, rain to 2405 accumulate in open Collection Containers, or normal Collection routes to be delayed or shortened due to 2406 extreme weather conditions. The Agreement Administrator shall have authority to consider Contractor’s 2407 documentation and uphold and collect the assessed charge, to reduce the charge, or to waive and dismiss 2408 the charge. The Agreement Administrator shall also have the authority to waive charges in advance of an 2409 anticipated, or in response to an actual, emergency event. 2410
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18.06 Registration; Inspection . All vehicles used by Contractor in providing Solid Waste 2411 Collection under this Agreement, except those vehicles used solely on Contractor’s Premises, are to be 2412 registered with the California Department of Motor Vehicles. In addition, each such vehicle must be inspected 2413 by the California High way Patrol in accordance with Applicable Law. Within two (2) Workdays of a request 2414 from the Agreement Administrator, Contractor must provide City a copy of its vehicle maintenance log and 2415 any safety compliance report, including, but not limited to, any report issued under California Vehicle Code 2416 Sections 34500 and following, as well as the biennial “BIT” inspections conducted by the California Highway 2417 Patrol. 2418
18.07 Safety Markings. All Collection equipment used by Contractor must have appropriate safety 2419 markings including, but not limited to, highway lighting, flashing, and warning lights, clearance lights, and 2420 warning flags. All such safety markings must be in accordance with the requirements of the California Vehicle 2421 Code, as may be amended from time to time. 2422
18.08 Vehicle Signage and Painting. Collection Vehicles must be painted and numbered without 2423 repetition and must have Contractor's name, Contractor’s customer service telephone number, and the 2424 number of the vehicle painted in letters of contrasting color, at least four (4) inches high, on each side and 2425 the rear of each vehicle. No advertising is permitted other than the name of Contractor, its logo , and its 2426 registered service marks , except for promotional advertisement of the Recyclable Materials and Organic 2427 Waste programs, which is encouraged . City is to approve any promotional material of the Recyclable 2428 Materials and Organic Waste affixed to or painted on Contractor’s Collection Vehicles and may require such 2429 promotion to be utilized from time to time to encourage correct Recycling, reduce contamination, and provide 2430 relevant education. Contractor must repaint all vehicles (including vehicles striping) during the Term of this 2431 Agreement on a frequency as necessary to maintain a positive public image , as reasonably determined by 2432 the Agreement Administrator, but not less often than once every five years. 2433
18.09 Bin and Roll-off Container Signage, Painting, and Cleaning. All metal Bins Containers of 2434 any service type furnished by Contractor must be either painted or galvanized , in compliance with all 2435 applicable color specifications as set forth by CalRecycle. For purposes of this Agreement, all metal Bins will 2436 be in compliance with all applicable color specifications as set forth by CalRecycle via the color of the Bin’s 2437 lid. All metal or plastic Bins and Roll-off Containers must display Contractor’s name, Contractor’s customer 2438 service telephone number, and the number of the Bin or Roll-off Container and must be kept in a clean and 2439 sanitary condition. Bins must also have labels that comply with Section 20.10 of this Agreement. Bins and 2440 Roll-off Containers should be free of dents and graffiti at the start of this Agreement and painted as needed 2441 to maintain an orderly appearance throughout the Term of the Agreement, but not less frequently than once 2442 every three years. Bins and Roll-off Containers may be subject to periodic, unscheduled inspections by City, 2443 and determination as to sanitary condition will be made by City. 2444
18.10 Vehicle Certification. For each Collection Vehicle used in the performance of services 2445 under this Agreement, Contractor must obtain a certificate of compliance (smog check) issued pursuant to 2446 Part 5 of Division 26 of the California Health and Safety Code (Section 43000 and following) and regulations 2447 promulgated thereunder, and/or a safety compliance report issued pursuant to Division 14.8 of the California 2448 Vehicle Code (Section 34500 and following) and the regulations promulgated thereunder, as applicable to 2449
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the vehicle. Contractor must maintain copies of such certificates and reports and must make such certificates 2450 and reports available for inspection upon request by the Agreement Administrator. 2451
18.10.1 By July 1, 2025, Contractor must submit to the Agreement Administrator verification 2452 that each of the Contractor’s Collection Vehicles has passed the California Heavy Duty Vehicle Inspection. 2453 Thereafter, Contractor must cause each vehicle in Contractor’s Collection fleet to be tested annually in the 2454 California Heavy Duty Inspection Program and must, upon request, submit written verification to City within 2455 ten (10) Workdays of the completion of such test. Contractor may not use any vehicle that does not pass 2456 such inspection. 2457
18.11 Equipment Maintenance. Contractor must always maintain Collection equipment in a clean 2458 condition and in good repair. All parts and systems of the Collection equipment must operate properly and be 2459 maintained in a condition satisfactory to City. Contractor must wash all Collection Vehicles at least once a 2460 week. 2461
18.12 Maintenance Log. Contractor must maintain a maintenance log for all Collection Vehicles. 2462 The log must always be accessible to City by physical inspection upon request of Agreement Administrator, 2463 and must show, at a minimum, each vehicle’s Contractor-assigned identification number, date purchased or 2464 initially leased, dates of performance of routine maintenance, dates of performance of any additional 2465 maintenance, and description of additional maintenance performed. 2466
18.13 Equipment Inventory. On or before July 1, 2025, Contractor shall provide to City an 2467 inventory of Collection Vehicles and major equipment used by Contractor for Collection or transportation and 2468 performance of services under this Agreement. The inventory must indicate each Collection Vehicle by 2469 Contractor-assigned identification number, DMV license number, the age of the chassis and body, the type 2470 of fuel used, the type and capacity of each vehicle, the number of vehicles by type, the date of acquisition, 2471 the decibel rating , and the maintenance and rebuild status. Contractor must submit an updated inventory, 2472 either via email or via electronic document sharing site (e.g., Dropbox), to the Agreement Administrator, either 2473 annually or more often, at the request of the Agreement Administrator. Each inventory must also include the 2474 tare weight of each vehicle as determined by weighing at a certified scale used by Contractor. Each vehicle 2475 inventory must be accompanied by a certification signed by Contractor that all Collection Vehicles meet the 2476 requirements of this Agreement. 2477
18.14 Reserve Equipment. Contractor shall have available to it, at all times, reserve Collection 2478 equipment which can be put into service and operation within one (1) hour of any breakdown. Such reserve 2479 equipment must correspond in size and capacity to the equipment used by the Contractor to perform the 2480 contractual duties. 2481
18.15 RNG Fuel Procurement Credits. Contractor agrees to coordinate and cooperate with the 2482 City to meet its Recovered Organic Waste Product procurement target, as defined in, and required by 2483 Applicable Law. In support of that objective, the City will receive any applicable SB 1383 Recovered Organic 2484 Waste Product procurement credits for all RNG used by the Contractor to power Contractor’s Collection 2485 vehicles as allowed by the Applicable Law and within the time provided therein. 2486
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Article 19. Contractor’s Office 2487
19.01 Contractor’s Office. Contractor shall maintain an office in the City of Richmond, California, 2488 that is accessible to persons with disabilities as required by the Americans with Disabilities Act (ADA). Such 2489 office must be equipped with enough telephones so that all Collection Service-related calls received during 2490 normal business hours are answered by an employee within five (5) rings. The office must have responsible 2491 persons in charge during Collection hours , and must be open during normal business hours (8:00 a.m. to 2492 5:00 p.m. on Monday through Friday ). Contractor must provide either a local or toll-free telephone number 2493 that connects to the call center described in Section 19.02, and a telephone answering service or mechanical 2494 device to receive Service Recipient inquiries during those times when the office is closed. Calls received after 2495 normal business hours must be addressed the next Workday morning. 2496
19.02 Customer Service Call Center. Contractor must maintain a Customer Service call center 2497 within the United States . Such office must be equipped with enough telephones that all customer service -2498 related calls are answered by an employee within five (5) rings if they are received during normal business 2499 hours (8:00 a.m. to 5:00 p.m. on Monday through Friday). 2500
19.03 Emergency Contact. Contractor must provide the Agreement Administrator with an 2501 emergency phone number where the Contractor can be reached outside of the required office hours. 2502
19.04 Multilingual/Telecommunications Device for the Deaf (TDD) Service. Contractor must 2503 always maintain the capability of responding to telephone calls in English, Spanish, Mandarin, Tagalog, and 2504 such other languages as City may direct. Contractor must always maintain the capability of responding to 2505 telephone calls through TDD Services. 2506
19.05 Service Recipient Calls. During office hours, Contractor must maintain a telephone 2507 answering system capable of accepting at least five (5) incoming calls at one time. Contractor must record all 2508 calls, including any inquiries, service requests, or complaints, into a customer service log. 2509
19.05.1 All incoming calls will be answered at the local office or call center within 5 rings. 2510 Any call “on-hold” more than 1.5 minutes must have the option to remain “on-hold” or request a “call-back” 2511 from a customer service representative. Contractor’s customer service representatives must return Service 2512 Recipient calls. For all messages left before 3:00 p.m., all “call backs” must be attempted a minimum of one 2513 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 2514 attempted a minimum of one time prior to noon the next Workday. Contractor must make minimum of three 2515 (3) attempts within one (1) Workday of the receipt of the call. If Contractor is unable to reach the Service 2516 Recipient on the next Workday, Contractor must send a postcard, email, or text, as indicated by the Service 2517 Recipient, to the Service Recipient on the second Workday after the call was received, indicating that the 2518 Contractor has attempted to return the call. 2519
Article 20. Contractor Support Services 2520
20.01 Sustainability/Compliance Representative. Contractor will hire staff, including at least one 2521 dedicated full-time Sustainability/Compliance Representative as of the Commencement Date, to conduct site 2522
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visits and provide outreach and education in support of meeting Franchise and CalRecycle Diversion 2523 requirements and to meet State mandates associated with Applicable Law and all amendments and related 2524 subsequent legislation. The Sustainability /Compliance Representative(s) shall be available as needed to 2525 meet with the City and conduct site visits to implement Recyclable Materials and Organic Waste programs in 2526 the Service Area at least four days a week throughout the year . City may request monthly meetings with 2527 Contractor to discuss problems or issues such as Collection or Recycling programs, Billing or Service 2528 Recipient service issues, and day-to-day operations. The services described in this section are not effective 2529 until such time as the City and Contractor agree to a City-Directed Change per Section 30.01. 2530
20.02 Sustainability and Compliance Plan. Contractor, at its own expense, must prepare, submit, 2531 and implement an annual (Calendar Year) Sustainability and Compliance Plan (“Plan”), which will guide 2532 Contractor’s staff ’s work efforts. This Plan will include measures to meet Diversion targets, increase 2533 Diversion, and increase participation of Service Recipients in Recyclable Materials and Organic Waste 2534 Diversion programs, and should target certain Recyclable Materials or “problem” areas, including Recyclable 2535 Materials and Organic Waste sorting and contamination, within Contractor’s Service Area where 2536 improvements can be maximized. Planned outreach and education services and outreach materials should 2537 be included as part of the Plan and updated annually, and new outreach materials shall not be circulated to 2538 the public without City review and approval. Targets of outreach shall be based on local trends and Recycling 2539 patterns from data obtained by both the City and Contractor. Contractor will maintain current and state -of-2540 the-art public outreach and education services throughout the Term of this Agreement by providing outreach 2541 materials to Service Recipients electronically (via email and social media). Contractor must submit first year 2542 draft Plan to the City prior to the Commencement Date and by July 1st each year thereafter for the Term of 2543 the Agreement. City shall review and provide revisions to draft Plan within thirty (30) days of receipt. City shall 2544 review, provide comments on, and approve all education and outreach materials. Contractor must revise and 2545 submit final Plan to City by December 1, 2025, for first year and then each year thereafter for the Term of the 2546 Agreement. Contractor’s Plan is provided in Exhibit 9. 2547
20.02.1 Approach to Meeting City’s Diversion Requirements . Contractor must document 2548 approach to meeting City’s Diversion requirements by specific Diversion program type (SFD, MFD, 2549 Commercial, Recyclable Material, Organic Waste, Bulky Waste, etc.) and must be tied to both specific and 2550 public education programs. This must include an implementation schedule showing the specific programs 2551 and tasks, milestones, and timeframes for meeting the Diversion requirements. 2552
20.02.2 Environmental Stewardship. Contractor must describe all environmental 2553 management policies and activities related to the Solid Waste Collection service, including the use of 2554 Alternative Fuel Vehicles, reduction of air emissions and wear and tear on the City’s streets, use of recycled 2555 products throughout operations, internal waste reduction and reuse protocol, water and resource 2556 conservation activities within facilities (design, construction and operation), compliance with laws governing 2557 E-Waste, HHW, and U-Waste, and use of non-toxic products when possible. 2558
20.02.3 Outreach Regarding Recyclability of Materials. Contractor shall create and maintain 2559 at minimum one (1) piece of educational material that addresses: 2560
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(a) The foundational role that commodities markets and transportation costs play in current 2561 Recycling systems. 2562
(b) The importance of keeping recyclables empty, clean, and dry. 2563 (c) A list of materials that are likely to be recycled if placed in City Recyclable Materials 2564 Containers. 2565
Contractor shall also create and maintain at minimum one (1) piece of educational material that addresses: 2566 (a) The Organic Waste stream standards of the local transfer and processing facilities that 2567 receive City Organic Waste. 2568
(b) The related importance of keeping prohibited materials out of the City’s Organic Waste 2569 stream. 2570
(c) The potential end uses of Compost depending on the material’s quality and levels of 2571 contamination. 2572
20.03 School Education and Outreach. In the event that school education and outreach is no 2573 longer provided to the City by West Contra Costa Integrated Waste Management Authority, Contractor shall 2574 develop and utilize a program to educate on proper Recycling that offers tools to assist with proper Recycling 2575 for all ages. Educational information should include brochures, school resources such as Recycling 2576 curriculums, children’s activity flyers, posters, myth busters, and Recycling art activities. Contractor shall 2577 develop and distribute educational material and conduct onsite outreach annually to all school campuses in 2578 the franchise area. Materials must be approved by City before distribution. Examples include Recyclable 2579 Materials list, Recycling tips, battery and bulb education, Food Waste Collection, and donation, and HHW 2580 education. Educational material shall be distributed to campuses by mail and/or in person on or before 2581 September 30th annually, and site visits must be completed by November 30th annually. 2582
20.04 Compliance Notices. Contractor shall send SB 1383, AB 341, and AB 1826 compliance 2583 notices quarterly to all eligible Commercial entities and MFDs that do not subscribe to Organic Waste and/or 2584 Recyclable Materials Collection Service with the Contractor and/or do not provide an alternate method for 2585 Diverting Organic Waste, in conformance with Applicable Law. These notices shall also notify businesses of 2586 requirements under AB 827. Contractor shall mail notifications quarterly on or before the last day of the month 2587 following the end of the quarter. 2588
20.05 Technical Assistance. 2589
20.05.1 Site Visits. In the event that technical assistance-related site visits are not provided 2590 to the City by West Contra Costa Integrated Waste Management Authority, Contractor shall provide 2591 comprehensive Recycling technical assistance to MFD and Commercial Customers with the primary purpose 2592 of helping Customers increase Recyclable Materials and Organic Waste Collection services and reducing 2593 Solid Waste Collection service. The technical assistance services shall conform with the following 2594 performance expectations per month: 2595
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Task Minimum Number of related actions taken
Phone Calls 20
In-Person Site Visits (i.e., Customer contact) 40
Site visits shall include on-site assessments of the MFD and Commercial Premises to improve Recyclable 2596 Materials and Organic Waste Collection program participation and provide recommendations to Customers 2597 on how to improve overall resource efficiency. During the site visits, Contractor will be required to provide 2598 and/or restock posters, “how to” guides, personal Recyclable Materials baskets/bags for MFD tenants, and 2599 any other appropriate materials , and to provide new signage for the Recyclable Materials and Organic 2600 Waste Containers if necessary. This program shall also involve preparation and presentation of reports to 2601 the City on the Contractor’s efforts and results of the technical assistance efforts. 2602
20.05.2 Compliance Reviews. 2603
20.05.2.1 General Requirement. At least once annually, beginning in 2025, 2604 Contractor shall review the records of its Commercial and MFD Customers in City that are subscribed for 2605 at least two (2) cubic yards per week of combined Solid Waste, Organic Materials, and Recyclables service, 2606 to determine whether such Customers are subscribed for Organic Materials Collection service or have an 2607 applicable waiver. Contractor shall include the results of each Compliance Review in its next regularly 2608 scheduled report to City. 2609
20.05.2.2 Site Visit Requirement for Non-Compliance. In the event that site 2610 visits related to non -compliance are not provided to the City by West Contra Costa Integrated Waste 2611 Management Authority, and if directed by City, Contractor shall conduct a site visit to each Commercial and 2612 MFD Customer in City that is determined to (a) not be enrolled in 3 -Container Collection service, and (b) 2613 not be eligible for a waiver based on the City determination. Contractor shall conduct in -person site visits 2614 (i.e., direct Customer contact) to provide educational material about the law’s requirements to Commercial 2615 and MFD Customers at least once every three (3) years. 2616
20.05.2.3 Site Visit Requirement for All Customers. In the event that similar 2617 site visits are not provided to the City by West Contra Costa Integrated Waste Management Authority, a ll 2618 Commercial and MFD Customers in the City shall receive a site visit from Contractor to affirm proper sorting 2619 procedures and sizing of Containers at least once every five (5) years. 2620
20.06 Education and Outreach Materials. Contractor must implement public education and 2621 outreach in conformance with Applicable Law and in coordination with City. Contractor shall attend public 2622 events and host booths to promote Recycling education and awareness. Contractor will work with City to 2623 identify which special events will be attended. Contractor, together with City, shall work with local media to 2624 ensure information on new programs, events, Recyclable Materials, Organic Waste, etc., is communicated to 2625 the community. Contractor shall use a variety of options , such as local paper, news, websites, and social 2626 media, as well as in -person visits to Homeowners Associations, schools , and civic groups to distribute 2627 information and education about City Solid Waste and Recyclable Materials programs and events. In terms 2628 of social media and websites, Contractor shall make their best effort to share information through platforms 2629 that are commonly used and culturally relevant , including platforms that are known to reach younger 2630
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populations and Spanish-speaking populations. Examples may include Instagram, WhatsApp, NextDoor, and 2631 TikTok, though that list is e xpected to become outdated within a year or two . All educational and outreach 2632 materials shall be provided in English and Spanish, and City may direct some or all materials to also be 2633 produced in Mandarin, Tagalog, and/or other languages to be determined. 2634
20.06.1 Quarterly Newsletters. Contractor shall distribute educational material to Service 2635 Recipients a minimum of once a Quarter by mail or electronically. These materials should include tips on 2636 Recycling properly, use of Organic Waste Containers, Composting, battery and electronics education, 2637 prevention of contamination issues, proper Collection Container placement, resource information, and HHW 2638 education. Contractor shall also distribute these same educational materials to all MFD residents, provided 2639 that City provides Contractor with a list of contact information for these residents. In accordance with Section 2640
20.02, outreach materials shall not be circulated to the public without City review and approval , and City 2641 shall be permitted to request the inclusion of content regarding announcements and events related to waste 2642 management. 2643
20.06.2 Available Services Notice and Information. At least annually , Contractor must 2644 publish and distribute (by mail or electronically) a notice to all Service Units regarding the full range of 2645 services offered. The notice must be provided in English and Spanish and must be distributed by Contractor 2646 no later than February 1st of each year. The notice must contain at a minimum (i) definitions of the materials 2647 to be Collected; (ii) procedures for setting out materials; (iii) the days when Garbage, Recyclable Materials, 2648 and Organic Waste Services will be provided; (iv) Contractor’s local customer service phone number ; (v) 2649 instructions on the proper filling of Containers; (vi) instructions as to what materials may or may not be placed 2650 in Recyclable Materials or Organic Waste Containers ; (vii) how to select Container sizes to maximize 2651 Diversion; (viii) information about participation in Recyclable Materials and Organic Waste programs; (ix) the 2652 fees for Overage and Contamination in the event of non -compliance; (x) the availability of on -premises 2653 Collection Services, including the availability of no-charge on-premises Solid Waste Collection for qualified 2654 persons; (xi) the availability of Bulky Waste Services; (xii) the availability of the Golden Bear Transfer Station 2655 drop-off voucher program ; (xiii) information about Neighborhood Clean-Up days, including any specific 2656 upcoming dates and locations; and (xiv) the information about Free Bulky Waste Drop-off days, including 2657 any specific upcoming dates and locations. 2658
20.06.3 Contractor shall provide the following to all its Customers under the Agreement 2659 annually. Contractor shall also provide the following to all MFD residents, provided that City provides 2660 Contractor with a list of contact information for these residents. 2661 (i) Information on the Customer’s requirements to properly separate materials in 2662 appropriate Containers. 2663
(ii) Information on methods for: the prevention of Organic Materials generation, Recycling 2664 Organic Materials on -site, sending Organic Materials to community Composting, and 2665 any other local requirements regarding Organic Materials. 2666
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(iii) Information regarding the methane reduction benefits of reducing the landfill Disposal 2667 of Organic Materials, and the methods of Organic Materials recovery contemplated by 2668 the Agreement. 2669
(iv) Information regarding how to recover Organic Materials. 2670 (v) Information related to the public health and safety and environmental impacts 2671 associated with the landfill Disposal of Organic Materials. 2672 (vi) The above information will be provided, at a minimum, through print and/or electronic 2673 media, and may also be provided through workshops, meetings , and/or on-site visits. 2674 All information that SB 1383 requires the City to distribute shall be posted on 2675 Contractor’s website. 2676
(vii) Contractor shall provide an educational webpage which includes downloadable copies 2677 of all the materials described in this Section. 2678
20.06.4 City-Specific Website. Contractor shall maintain a City -specific website that fully 2679 explains the Contractor’s current services and rates and the Diversion options available, and that allows 2680 Service Recipients to submit service changes, inquiries, complaints, or queries. The website must describe 2681 and promote the use of the available Recyclable Materials and Organic Waste services. Contractor’s local 2682 website must provide information specific to the City’s programs. Contractor will ensure that information 2683 provided on the website is maintained and up to date. Content will include proper Container set out 2684 instructions, educational materials, newsletters , and program descriptions. Website content shall be in 2685 English with translations into Spanish, Mandarin, Tagalog, and/or others to be determined. 2686
20.06.5 Recycling Resources. Contractor shall maintain accurate list of Recyclable 2687 Materials on its website and promote proper Recycling to all Service Recipients. Contractor shall consult, 2688 collaborate, and coordinate its Recycling outreach and educational materials and activities with the City and 2689 incorporate the City’s input on the Contractor’s Recycling resources and programs. 2690
20.07 Waiver Outreach, Applications, and Evaluation. 2691
20.07.1 Waiver Outreach. Contractor shall notify all of its commercial accounts of the 2692 availability of waivers and how to obtain and file a waiver periodically, or at least every five (5) years. 2693
20.07.2 Waiver Applications and Evaluation. In the event that such a service is no longer 2694 provided by the West Contra Costa Integrated Waste Management Authority, and subject to the terms and 2695 conditions of Section 30.01, Contractor shall be responsible for the distribution, collection, and evaluation of 2696 waiver applications as appropriate, and shall provide the City a recommendation to accept or deny waiver 2697 requests in accordance with SB 1383. Contractor shall develop waiver application forms and shall provide 2698 them to City for City approval prior to use. Contractor shall evaluate requests for exemption or waiver from 2699 the Act’s requirements on the basis of physical space or de minimis generation and provide the City periodic 2700 recommendations and supporting documentation to deny or approve waivers, including a site visit and re -2701 evaluation at least every five years as required by the SB 1383 Regulations. 2702
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20.08 News Media Relations . Contractor will work with local media to ensure information is 2703 communicated to community (new programs, events, Recycling information, etc.). Contractor to use options 2704 such as local Newspaper, Radio/TV News outlets, Websites , and Social Media. Contractor will notify the 2705 Agreement Administrator by email or phone of all requests for news media interviews related to the services 2706 covered under this Franchise Agreement within one (1) Workday of Contractor’s receipt of the request. When 2707 practicable, before responding to any inquiries involving controversial issues or any issues likely to affect 2708 participation or Customer’s perception of services, Contractor will discuss Contractor’s proposed response 2709 with the City Agreement Administrator. 2710
20.09 News Media Requests . Contractor will notify the Agreement Administrator by email or 2711 phone of all requests for news media interviews regarding the services provided under this Agreement within 2712 one (1) Workday of Contractor’s receipt of the request. When practicable, before responding to any inquiries 2713 involving controversial issues or any issues likely to affect participation or Service Recipient’s perception of 2714 services, Contractor will discuss Contractor’s proposed response with the Agreement Administrator. 2715
20.09.1 Copies of draft news releases or proposed trade journal articles that use the name 2716 of City or specifically refer to the services provided hereunder must be submitted to the Agreement 2717 Administrator for prior review and approval at least five (5) working days in advance of release, except where 2718 Contractor is required by any Applicable Law to submit materials to any regulatory agency in a shorter period 2719 of time, in which case Contractor must submit such materials to City simultaneously with Contractor’s 2720 submittal to such regulatory agency. 2721
20.09.2 Copies of articles resulting from media interviews or news releases that use the 2722 name of City or relate to the services provided hereunder must be provided to the City within five (5) days 2723 after publication. 2724
20.10 Acceptable Materials Labeling . Contractor must affix to each Recyclable Materials and 2725 Organic Waste Collection Container a sticker that is compliant with SB 1383 labeling requirements and 2726 approved by the City. Each sticker shall clearly list Acceptable materials to be placed in the corresponding 2727 Container, and each sticker shall also include a QR code that links to the Recycling education landing page 2728 within the Contractor’s City-specific website for the City. Stickers must be replaced annually and include any 2729 updates in the list of Acceptable materials (Exhibit 11). 2730
20.11 Edible Food Recovery Support. In the event that such a service is no longer provided by 2731 the West Contra Costa Integrated Waste Management Authority, and subject to the terms and conditions of 2732 Section 30.01, Contractor shall annually provide City with a list of Tier One and Tier Two Commercial Edible 2733 Food Generators located in the City. Upon request from Contractor, City shall use reasonable efforts without 2734 incurring significant additional costs to cooperate and consider methods for collecting information from 2735 Customers and sharing such information with Contractor in an effort to assist Contractor with identifying the 2736 Tier One and Tier Two commercial Edible Food generators within the City. The services described in this 2737 section are not effective until such time as the City and Contractor agree to a City -Directed Change per 2738 Section 30.01. 2739
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20.12 Programs and Services . Contractor must provide additional educational and outreach 2740 services and programs as requested by City at a price to be mutually agreed upon between the Contractor 2741 and the Agreement Administrator. In the event Contractor and the Agreement Administrator cannot reach a 2742 mutually agreed upon price for the requested service or program, City has the right to procure the service of 2743 other vendors or contractors to provide the requested service. 2744
20.13 Operations Plans. Contractor must adhere to the Transition Plan included as Exhibit 4, 2745 Customer Service Plan included as Exhibit 6, and Collection Service Operations Plan included as Exhibit 7, 2746 the three of which present the specific Collection programs that will be implemented in the City. 2747
20.14 Route Audits/Route Reviews. 2748
20.14.1 General Requirement. At least once annually, beginning in 2025, Contractor or its 2749 approved designee shall conduct a Route Review for each Hauler Route. The number of Containers to 2750 review per Hauler Route shall be calculated on the basis of the number of Garbage accounts provided 2751 service by a specific Hauler Route for one week. For example, “Route A” collects Garbage from 250 2752 accounts, 4 days per week , for a total of 1,000 accounts per week; include a minimum of 25 accounts for 2753 Route Review of “Route A”. For each Route Review of a Hauler Route, Contractor shall inspect at least the 2754 following minimum number of Containers but may inspect more if Contractor deems necessary; and shall 2755 inspect all Containers placed for Collection (including Recyclable Materials Containers, Organic Waste 2756 Containers, and Garbage Containers). Each inspection shall involve lifting the Container lid and observing 2757 the contents but shall not require Contractor to disturb the contents or open any bags. Contractor may select 2758 the Containers to be inspected at random, or (if mutually agreed with City) by any other method not prohibited 2759 under the SB 1383 Regulations. For the avoidance of doubt, Contractor shall not be required to annually 2760 inspect every Container on a Hauler Route. Contractor shall include the results of each Route Review in its 2761 next regularly scheduled report to City. 2762
2763
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
20.14.2 Notice of Contamination. Contamination noticing will follow the procedures 2764 described in Section 5.07. 2765
Article 21. Emergency Service 2766
21.01 Revised Services During an Emergency. In the event of a major storm, earthquake, fire, 2767 flood, tornado, other natural or man-made disaster, or other such emergency event (collectively “Emergency 2768 Event), Contractor will continue to provide Solid Waste Collection to the maximum extent practicable, and in 2769 accordance with FEMA’s Public Assistance Debris Management Guide (FEMA -325). T he Agreement 2770
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Administrator may grant the Contractor a variance from regular routes and schedules, which will not be 2771 withheld unreasonably. As soon as practicable after such Emergency Event, Contractor must advise the 2772 Agreement Administrator when it is anticipated that normal routes and schedules can be resumed. The 2773 Agreement Administrator will try through the local news media to inform the public when regular services may 2774 be resumed. The clean -up from some Emergency E vents may require that Contractor hire additional 2775 equipment, employ additional personnel, or work existing personnel on overtime hours to clean debris 2776 resulting from the event. If Contractor secures written authorization and approval from City through the 2777 Agreement Administrator, Contractor will receive additional compensation above the normal compensation 2778 contained in this Agreement to cover the costs of rental equipment, additional personnel, overtime hours, and 2779 other documented expenses based on the rates set forth in Exhibit 1. City will be given equal priority and 2780 access to resources as with other franchise jurisdictions held by Contractor or its affiliates. 2781
21.02 Emergency Event Planning. Within sixty (60) days from a request by City, Contractor shall 2782 prepare a draft Emergency Event plan that sets forth procedures for maintaining regular Collection service 2783 and Collection of debris following an Emergency Event and provide a framework for how the City will respond, 2784 clear, remove, and dispose of debris generated during a disaster. The Emergency Event plan shall address 2785 arrangements to provide needed vehicles and personnel, priorities for clean -up at critical facilities, and 2786 procedures for reimbursement for costs; it shall also describe communication plans, list key contact persons, 2787 and provide maps showing proposed sites for stockpiling of disaster debris that cannot be transported to the 2788 landfill. Contractor shall coordinate the plan with City’s Public Works Department. The draft plan shall be 2789 presented to the City Manager for consideration and approval. The final plan shall be distributed to those 2790 employees of Contractor and City who would have a role in implementing upon the occurrence of an 2791 Emergency Event. 2792
21.03 Emergency Event Recovery Support . In the event of a n Emergency Event , Contractor 2793 agrees to provide recovery support upon request by Agreement Administrator. This may include additional 2794 hauling of debris, special handling such as wrapping waste in plastic (i.e., “ burrito wrapping”), temporary 2795 storage of debris where feasible, additional disposal, use of different transfer and disposal facilities, and 2796 documentation of debris type, weight, and Diversion. Contractor should follow protocol laid out in the County’s 2797 Operational Area Mass Debris Management Plan (Annex to the Operational Area Emergency Response Plan) 2798 and any subsequent County or City Disaster Debris Plans, as applied to Solid Waste hauling and handling. 2799 Article 22. Record Keeping and Reporting Requirements 2800
22.01 Record Keeping. Notwithstanding Article 47 herein: 2801
22.01.1 Accounting Records . Contractor must maintain full, complete , and separate 2802 financial, statistical , and accounting records pertaining to cash, billing, and provisions of all Collection 2803 Services, prepared on an accrual basis in accordance with generally accepted accounting principles. Such 2804 records will be subject to audit, copy, and inspection for the purposes set forth in Section 17.01. Gross 2805 Revenues derived from provision of the Collection Services, whether such services are performed by 2806 Contractor or by a subcontractor or subcontractors, will be recorded as revenues in the accounts of 2807 Contractor. The Contractor shall keep and preserve, during the Term of this Agreement, and for a period of 2808
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not less than four (4) years following expiration or other termination hereof, full, complete , and accurate 2809 records, including all cash, billing, and disposal records, as indicated in the Agreement. 2810
22.01.1.1 City reserves the right to request audited, reviewed, or compiled 2811 financial statements prepared by an independent Certified Public Accountant , including any associated 2812 footnotes, or as may be provided by Contractor or its parent company. In the event that Contractor does 2813 not maintain separate financial or accounting records prepared specifically for services provided under this 2814 Agreement, Contractor may use industry standard allocation methods to provide financial information as 2815 applicable to the service provided under this Agreement. Failure of Contractor to provide requested financial 2816 statements to City within fifteen (15) Workdays of a request may result in assessment of Administrative 2817 Charges and Penalties as specified in Exhibit 5. 2818
22.01.2 Agreement Materials Records. Contractor must maintain records of the quantities 2819 of (i) Residential , MFD, and Commercial Solid Waste Collected and Disposed under the terms of this 2820 Agreement, (ii) Recyclable Materials, by type, Collected, purchased, processed, sold, donated, or given for 2821 no compensation under the terms of this Agreement, and (iii) Organic Waste by type, Collected, purchased, 2822 processed, sold, donated, or given for no compensation under the terms of this Agreement. Records must 2823 be provided to City as specified in Article 20, and upon additional request. 2824
22.01.3 Other Records. Contractor must maintain all other records reasonably related to 2825 provision of Collection Services, whether or not specified in this Agreement, and provide them upon City 2826 request. Failure of Contractor to submit requested records to City within fifteen (15) Workdays of a request 2827 may result in assessment of Administrative Charges and Penalties as specified in Exhibit 5. 2828
22.01.4 Failure to Report. The refusal of Contractor to file any of the reports required in the 2829 timelines required, or the inclusion of any materially false or misleading statement or representation made 2830 knowingly by Contractor in such report, shall be deemed a material breach of this Agreement and shall 2831 subject Contractor to all remedies, legal or equitable, which are available to City under this Agreement or 2832 otherwise. 2833
22.01.5 Report Format. All reports to be submitted in a form and format approved by the 2834 City, including electronic data submission. 2835
22.02 Online Waste Reporting System. Contractor shall, at no additional cost to the City, procure 2836 software to use as an Online Waste Reporting System, an online/digital data system that is specifically 2837 designed for recording and documenting activity and data related to Collection Services, including outreach, 2838 customer service, site visits, service levels, weights and volumes by waste stream, field issues for compliance, 2839 and reporting. 2840
22.02.1 Data-Sharing with Transparent Richmond. Contractor shall either procure Online 2841 Waste Reporting System software that integrates with Transparent Richmond, the platform the City uses to 2842 store and share information or set up systems for pushing data from the Online Waste Reporting System to 2843 Transparent Richmond on a weekly basis, and/or Contractor shall share data in a form and format approved 2844 by the City. 2845
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22.03 Vehicle GPS and Camera Data. Upon City’s request, Contractor shall make available for 2846 City’s review, stored vehicle GPS and on-board camera data. 2847
22.04 Quarterly Reporting. 2848
22.04.1 General. Quarterly reports must be submitted no later than 5 p.m. PT on the last 2849 day of the month following the end of Quarter in which the receipts are Collected and must be provided 2850 electronically using software acceptable to the City. If the last day of the month falls on a day that City is 2851 closed or on a Holiday, then the report will be due on the next Business Day. Failure to submit complete 2852 quarterly reporting by the due date may result in assessment of Administrative Charges and Penalties as 2853 specified in Exhibit 5. 2854
22.04.2 City Reports. Quarterly reports to City must include: 2855
22.04.2.1 Franchised Tonnage and Service Data. Contractor must provide 2856 a full-service list, with the following indicated for each Customer: number of contracted Collections for that 2857 Quarter (Collections that were scheduled to take place), and number of actual Collections completed during 2858 that Quarter (Collections that took place, not including non-collections or missed Collections). Contractor 2859 must also report the number of unique SFD and MFD accounts serviced; the number of unique Commercial 2860 and City accounts serviced; tonnage of Garbage, Recyclable Materials, and Organic Waste Collected and 2861 processed for Diversion, broken down by Container type. Quantities should be broken down by SFD, MFD, 2862 Commercial, and City Services. 2863
22.04.2.2 Overweight Vehicle Reporting. The quarterly report must include 2864 a summary total of all instances of overweight Collection Vehicles. This summary must include the number 2865 of overweight vehicle instances expressed as a percentage of the total number of Collection Vehicle loads 2866 transported during the reported Quarter. 2867
22.04.2.3 Non-Collection. The quarterly report must include a list of all Non-2868 Collection occurrences that took place during that Quarter. It must include the full list of Service Units that 2869 experienced Non-Collection, indicate the date of and reason for each Non-Collection incident, and indicate 2870 whether a Non-Collection Notice was issued, and in what format it was issued. 2871
22.04.2.4 On-hold. The quarterly report must include each Service Unit that 2872 was not billed in the previous Quarter. 2873
22.04.2.5 Collection Overage Charges. The quarterly report must include 2874 each Service Unit incurring a charge for a Solid Waste Overage in the previous Quarter. 2875
22.04.2.6 Contamination Reporting. To the extent required by Applicable 2876 Law, the quarterly report must include a summary of all instances of qualifying contamination under the 2877 procedures in Section 5.08. This summary must include the total number of accounts where contamination 2878 occurred, the total number of Contamination Violation Notices issued by Contractor to Service Recipients, 2879 a list of accounts where such notices occurred, the total number of instances where Collection C ontainer 2880 size or Collection frequency was increased specifically due to contamination , a list of accounts that were 2881
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charged contamination fees, and a list of accounts for which the Collection Container size or Collection 2882 frequency was increased specifically due to contamination. Within twenty (20) Workdays of request by City, 2883 Contractor will provide copies of the Contamination Violation Notices and the digital documentation of 2884 contamination. 2885
22.04.2.7 Service Recipient Complaint Log. The quarterly report must 2886 include the Service Recipient complaint log Collected from the previous Quarter. 2887
22.04.2.8 Reports to City on Customers discovered to be out of compliance 2888 with the SB 1383 Regulations, including a list of the Customers, the type of violation (including not donating 2889 Edible Food, not providing Containers for Customer use, and other compliance violations), actions taken to 2890 educate those Customers, and contact information for those Customers. Such reports shall be provided 2891 quarterly or as required by City. 2892
22.04.2.9 List of Programs Utilized. The quarterly report must include a list 2893 of all the waste Diversion and reduction programs, as well as other Solid Waste Collections programs, 2894 utilized by City residents, with the number of residents per program indicated when known. This report 2895 should also include the number of Kitchen Food Waste Pails distributed to residents within the Quarter. 2896
22.04.2.10 Abandoned Waste Reporting. The quarterly report must include a 2897 list of the times Contractor provided Abandoned Waste Removal Service to the City, including the dates, 2898 the locations of each service, and the amount of material Collected during each incident. 2899
22.05 Annual Reporting. 2900
22.05.1 General. An annual report must be submitted no later than 5 p.m. PT on January 2901 31, 2026, and each January 31st thereafter for the previous Calendar Year. If January 31st falls on a day that 2902 City is closed, then the report will be due on the next Business Day. Annual reports must be submitted 2903 electronically in software acceptable to the City. Failure to submit complete annual reporting by the due date 2904 may result in assessment of Administrative Charges and Penalties as specified in Exhibit 5. Annual reports 2905 to City must include: 2906
22.05.1.1 Financial Statements. Contractor must submit annual financial 2907 statements for the local operation. Statements need not be reviewed or audited statements. 2908
22.05.1.2 Annual Sustainability and Compliance Report. Contractor must 2909 complete and submit data sections within their Sustainability and Compliance Plan to document education 2910 and outreach conducted, public event participation, school visits, compliance notices mailed, site visits, 2911 waste audits completed, information distributed, and media used, and community events hosted. This must 2912 include public education activities undertaken during the year, including distribution of bill inserts, Collection 2913 notification tags, community information and events, tours , and other activities related to the provision of 2914 Collection Services, and must discuss the impact of these activities on Recycling program participation and 2915 include amounts Collected from SFD, MFD, Commercial, and City Service Units. The report should include 2916 a complete list of all non-exempt commercial accounts, which includes each non-exempt account’s status 2917
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as a “covered generator” under AB 341, AB 1826 , and SB 1383 ; the date and status of Contractor’s 2918 outreach efforts at each non-exempt account; and the current level of Recyclable Materials and Organic 2919 Waste program participation at each non-exempt account. 2920
22.05.1.3 Solid Waste Data. The number of SFD , MFD, Commercial, and 2921 City Service Units, and the number of Collection Containers distributed by size and Service Unit type. 2922
22.05.1.4 Waste Characterization Data. A breakdown of Solid Waste 2923 (Garbage, Recyclable Materials , and Organic Waste ) by material type as per CalRecycle material 2924 classifications. 2925
22.05.1.5 Recyclable Materials Data. Gross tons Collected daily on average 2926 by material type by route for SFD, MFD, Commercial, and City Recyclable Materials service, with map of 2927 routes. The average participation rates by Quarter relative to the total number of Service Units by Service 2928 Unit type Indicate number of Recyclable Materials Collection Containers distributed by size and Service 2929 Unit type. 2930
22.05.1.6 Organic Waste Data. Include average daily gross tons Collected 2931 by route, separated by Green Waste and Food Waste , with map of routes . Include the total number of 2932 generators that receive each type of Organic Waste Collection Service provided by the Contractor. Indicate 2933 average daily number of setouts by route. Indicate average participation rates relative to the total number 2934 of Service Units in terms of weekly set-out counts. Indicate number of Organic Waste Collection Containers 2935 distributed by size and Service Unit type. 2936
22.05.1.7 Customer Service Log. A copy of the customer service log, 2937 including a summary of the type and number of complaints and their resolution. Include copies of a written 2938 record of all calls related to missed pickups and responses to such calls. 2939
22.05.1.8 Customer Service Information Sheet. A copy of Contractor’s most 2940 recent Customer Service Information Sheet (i.e., customer call center “cheat sheet”) for the City or the 2941 equivalent information used by customer service representatives. 2942
22.05.1.9 Overweight Vehicle Data. A summary of all instances of 2943 overweight Collection Vehicle s. This summary must also include the number of overweight vehicle 2944 instances as a percentage of the total number of Collection Vehicle loads transported during the Calendar 2945 Year. 2946
22.05.1.10 Summary Narrative. A summary narrative of problems 2947 encountered with Collection activities and actions taken. Indicate type and number of Non -Collection 2948 Notices left at Service Recipient locations. Indicate instances of property damage or injury, significant 2949 changes in operation, market factors, publicity conducted, and needs for publicity. Include description of 2950 processed material loads rejected for sale, reason for rejection, and Disposition of load after rejection. 2951
22.05.1.11 Collection Container and Vehicle Inventory. An updated complete 2952 inventory of Collection Containers by type and size , and an updated complete inventory of Collection 2953
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Vehicles, including for each vehicle: truck number, route number, date purchased, vehicle type, tare weight, 2954 license plate number, fuel type, vehicle make and model, and vehicle safety records. 2955
22.05.1.12 Diversion Rate. Contractor must provide documentation 2956 acceptable to City stating and supporting the Calendar Year’s Franchise Diversion Rate, as calculated in 2957 accordance with the provisions of Article 8. Any tonnages Diverted and Disposed from large venues and 2958 events during the reporting period will be counted towards the calculated Diversion rate. 2959
22.05.1.13 AB 341 , AB 1826, and SB 1383 Compliance Data. Contractor 2960 must report the total number of Commercial and MFD Service Units serviced, as well as the number of 2961 Containers, Container sizes, and frequency of Collection for Garbage, Recyclable Materials, and Organic 2962 Waste for each non-exempt Commercial and MFD Service Unit. Contractor must also provide the following 2963 information separately for both AB 341 and AB 1826: 2964
22.05.1.14 The total number of non-exempt Commercial and MFD Service 2965 Units that fall under the AB 341 or AB 1826 thresholds, and the total number of those non-exempt 2966 Commercial and MFD Service Units that are not subscribed to Commercial or MFD Recyclable Materials 2967 Collection Service or Commercial or MFD Organic Waste Collection Service. 2968
22.05.1.15 A summary of the type of follow-up outreach that was provided to 2969 those non-exempt Commercial and MFD Service Units that are not subscribed to Commercial or MFD 2970 Recyclable Materials Collection Service or Commercial or MFD Organic Waste Collection Service. 2971
22.05.1.16 Contractor shall provide proof of training records for Service 2972 Recipient personnel, emergency procedures, Customer Service Courtesy, and how to recognize Illicit 2973 Discharges and stormwater pollution sources. 2974
22.05.1.17 A list of all recommended waivers for that calendar year, including 2975 copies of the waiver request form and other supporting documentation (may be provided electronically or 2976 over a web page), in accordance with Section 20.07. 2977
22.05.1.18 A list of the Tier One and Tier Two generators, in accordance with 2978 Section 20.11. (List may be secured from West Contra Costa Integrated Waste Management Authority if 2979 Contractor is not responsible for regularly maintaining the list .) The services described in this section are 2980 not effective until such time as the City and Contractor agree to a City-Directed Change per Section 30.01. 2981
22.05.1.19 For Route Reviews and Compliance Reviews: 2982 (i) The date the review was conducted. 2983
(ii) The name and title of each person conducting the review. 2984 (iii) A list of the account names and addresses covered by the review. 2985
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(iv) For Route Reviews, a description of each Hauler Route reviewed, and a 2986 general description of the Hauler Route area. 2987
(v) For Route Reviews, the results of such review (i.e., the addresses where any 2988 Prohibited Container Contaminants were found) and any photographs taken. 2989 (vi) For Compliance Reviews, the results of such review (i.e., Contractor’s findings 2990 as to whether the Customers reviewed are subscribed for Organic Waste 2991 Collection service, have an applicable waiver, or neither) and any relevant 2992 evidence supporting such findings (e.g., account records). 2993 (vii) Copies of any educational materials issued pursuant to such reviews. 2994
22.05.1.20 Documentation relating to observed Prohibited Container 2995 Contaminants, whether observed during Route Reviews or otherwise: 2996 (i) Copies of the form of each notice issued to Customers for Prohibited Container 2997 Contaminants, as well as, for each such form, a list of the Customers to which 2998 such notice was issued, the date of issuance, the Customer’s name and 2999 service address, and the reason for issuance (if the form is used for multiple 3000 reasons). 3001
(ii) The number of times notices were issued to Customers for Prohibited 3002 Container Contaminants. 3003
(iii) The number of Containers where the contents were Disposed due to 3004 observation of Prohibited Container Contaminants. 3005
22.06 Diversion Calculation and Data. By 5:00 p.m. PT on February 14 and annually thereafter 3006 during the Term of this Agreement , Contractor must deliver to City, in the format specified by City, the 3007 Calendar Year’s Franchised Diversion Rate, as calculated in accordance with the provisions of Article 8. Any 3008 tonnages Diverted and Disposed from large venues and events during the reporting period will be counted 3009 towards the calculated Diversion rate. 3010
22.07 CalRecycle Reports. Contractor will provide reasonable assistance to City in preparing 3011 annual reports to CalRecycle (the “Electronic Annual Report” or EAR), including but not limited to supplying 3012 required data for preparation of the reports, and completing all required data input. 3013
22.07.1 Contractor shall maintain, in form and format satisfactory to the City, the Online 3014 Waste Reporting System, an Implementation Record meeting the requirements of the SB 1383 Regulations 3015 and CalRecycle. Contractor shall be responsible for requesting information from the City for City -related 3016 activities, such as procurement and outreach and education, for maintenance of the Implementation Record 3017
22.07.2 In the event that CalRecycle requires City to report an Implementation Schedule 3018 and/or Corrective Action Plan to comply with AB 341, AB 1826, SB 1383, SB 1594, and/or other Applicable 3019
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Laws, Contractor will provide assistance to City in preparing a report, including Contractor’s policies and 3020 procedures related to compliance with AB 341, AB 1826, SB 1383, and/or other Applicable Laws and how 3021 Recyclable Materials or Organic Waste are Collected; a description of the geographic area, routes, list of 3022 addresses served, and a method for tracking contamination ; copies of route audits, copies of notice of 3023 contamination; copies of notices, violations, education , and enforcement actions issued ; and copies of 3024 educational materials, flyers, brochures, newsletters, website, and social media. 3025
22.08 Additional Reporting. Contractor must furnish City with any additional reports as may 3026 reasonably be required, and such reports are to be prepared within a reasonable time following the reporting 3027 period. 3028
Article 23. Nondiscrimination 3029
23.01 Nondiscrimination. In the performance of all work and services under this Agreement, 3030 Contractor may not discriminate against any person based on such person’s race, sex, gender, gender 3031 identity, color, national origin, religion, marital status, or sexual orientation. Contractor must comply with all 3032 applicable local, State, and Federal laws and regulations regarding nondiscrimination, including those 3033 prohibiting discrimination in employment. 3034
Article 24. Service Inquiries and Complaints 3035
24.01 Contractor’s Customer Service. All service inquiries and complaints will be directed to 3036 Contractor. A representative of Contractor must be available to receive the complaints during normal business 3037 hours. Customer Service training shall include Service Recipient courtesy, shall prohibit the use of loud or 3038 profane language, and shall instruct Collection crews to perform the work quietly. Contractor shall use its best 3039 efforts to ensure that all employees present a neat appearance and conduct themselves in a courteous 3040 manner. All service complaints will be handled by Contractor in a prompt and efficient manner. All cases must 3041 be addressed and resolved within three (3) Workdays. In the case of a dispute between Contractor and a 3042 Service Recipient, the matter will be reviewed, and a decision made, by the Agreement Administrator. 3043
24.01.1 Contractor will utilize the Customer Service Log to maintain a record of all inquiries 3044 and complaints in a manner prescribed by City. 3045
24.01.2 For those complaints related to missed Collections, where Containers are properly 3046 set out in a timely manner, that are received by 12:00 p.m. (noon) on a Workday, Contractor will return to 3047 the Service Unit address and Collect the missed materials before leaving the Service Area for the day. For 3048 those complaints related to missed Collections that are received after 12:00 p.m. (noon) on a Workday, 3049 Contractor will have until the end of the following Workday to resolve the complaint. For those complaints 3050 related to repair or replacement of Collection Containers, the appropriate Sections of this Agreement will 3051 apply. 3052
24.01.3 Contractor agrees that it is in the best interest of City that all Garbage, Recyclable 3053 Materials, and Organic Waste be Collected on the scheduled Collection day. Accordingly, missed Collections 3054 will normally be Collected as set forth above regardless of the reason that the Collection was missed. 3055
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However, in the event a Service Recipient requests missed Collection service more than two (2) times in 3056 any consecutive two (2) month period, the Agreement Administrator will work with Contractor to determine 3057 an appropriate resolution to that situation. In the event Contractor believes any complaint to be without merit, 3058 Contractor will notify the Agreement Administrator by email. The Agreement Administrator will investigate all 3059 disputed complaints and render a decision. 3060
24.01.4 Contractor’s service and emergency telephone numbers must be accessible by a 3061 local (City) phone number or toll-free number. The service telephone number(s) must be listed in the area’s 3062 telephone directories under Contractor’s name in the White Pages, available through an online search, and 3063 listed on the Contractor’s website. 3064
24.02 Contractor shall record and catalog all Customer email addresses alongside Customer 3065 names and mailing addresses , such that Contractor can more easily and quickly send out updates and 3066 announcements as needed. Contractor shall cooperate with City to send out via email any service -related 3067 updates and announcements City may deem necessary. 3068 Article 25. Quality of Performance of Contractor 3069
25.01 Intent. Contractor acknowledges and agrees that one of City’s primary goals in entering 3070 into this Agreement is to ensure that the Solid Waste Collection is of the highest caliber, that Service Recipient 3071 satisfaction remains at the highest level, that maximum Diversion levels are achieved, and that materials 3072 Collected are put to the highest and best use to the maximum extent possible. 3073
25.02 Administrative Charges and Penalties . Quality of performance by the Contractor is of 3074 primary importance. In acknowledgement of this, and subject to the provision of Section 25.02 and Exhibit 5, 3075 Contractor agrees to pay City Administrative Charges and Penalties as detailed in Exhibit 5 should Contractor 3076 fail to meet its responsibilities under this Agreement. Should Contractor be in breach of the requirements set 3077 forth in this Agreement, it is mutually understood and agreed that the public will necessarily suffer damages 3078 and that such damages, from the nature of the default in performance , will be extremely difficult and 3079 impractical to fix. City finds, and the Contractor agrees, that as of the time of the execution of this Agreement, 3080 it is impractical, if not impossible, to reasonably ascertain the extent of damages which will be incurred by 3081 City as a result of a breach by Contractor of its obligations under this Agreement. The factors relating to the 3082 impracticability of ascertaining damages include, but are not limited to, the fact that: (i) substantial damage 3083 results to members of the public who are denied services or denied quality or reliable service; (ii) such 3084 breaches cause inconvenience, anxiety, frustration , and deprivation of the benefits of this Agreement to 3085 individual members of the general public for whose benefit this Agreement exists, in subjective ways and in 3086 varying degrees of intensity which are incapable of measurement in precise monetary terms; (iii) services 3087 might be available at substantially lower costs than alternative services, and the monetary loss resulting from 3088 denial of services or denial of quality or reliable services is impossible to calculate in precise monetary terms; 3089 and (iv) the termination of this Agreement for such breaches, and other remedies are, at best, a means of 3090 future correction and not remedies which make the public whole for past breaches. 3091
25.03 Contractor’s Right to Cure . Administrative Charges and Penalties will only be assessed 3092 after Contractor has been given the opportunity but failed to rectify, in a timely manner, the breach or 3093
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deficiency in performance as described in this Agreement . Furthermore, prior to assessing Administrative 3094 Charges and Penalties, City shall give Contractor notice of its intention to do so in accordance with Section 3095
25.04, below. The notice shall include a brief description of the incident(s)/non-performance. Contractor may 3096 review (and make copies at its own expense) all information in the possession of the City relating to the 3097 incident(s)/non-performance. Contractor may, within ten (10) days after receiving the notice, request a 3098 meeting with City. Contractor may present evidence in writing and through testimony of its employees and 3099 others relevant to the incident(s)/non-performance. City shall provide Contractor with a written explanation of 3100 the City’s determination on each incident(s)/non -performance prior to authorizing the assessment of 3101 Administrative Charges and Penalties. 3102
25.04 Procedure for Review of Administrative Charges. The Agreement Administrator may 3103 assess Administrative Charges and Penalties as specified in Exhibit 5 pursuant to this Agreement quarterly. 3104 At the end of each Quarter during the Term of this Agreement , the Agreement Administrator will issue a 3105 written notice to Contractor (“Notice of Assessment”) of the Administrative Charges and Penalties assessed 3106 and the basis for each assessment. 3107
25.04.1 The assessment will become final unless, within ten (10) calendar days of the date 3108 of the notice of assessment, Contractor provides a written request for a meeting with the City Manager to 3109 present evidence that the assessment should not be made. 3110
25.04.2 The Agreement Administrator will schedule a meeting between Contractor and the 3111 City Manager as soon as reasonably possible after timely receipt of Contractor’s request. 3112
25.04.3 The City Manager will review Contractor’s evidence and render a decision 3113 sustaining or reversing the Administrative Charges and Penalties as soon as reasonably possible after the 3114 meeting. Written notice of the decision will be provided to Contractor. 3115
25.04.4 In the event Contractor does not submit a written request for a meeting within ten 3116 (10) calendar days of the date of the Notice of Assessment, the Agreement Administrator’s determination 3117 will be final. 3118
25.04.5 City’s assessment or collection of Administrative Charges and Penalties will not 3119 prevent City from exercising any other right or remedy, including the right to terminate this Agreement, for 3120 Contractor’s failure to perform the work and services in the manner set forth in this Agreement. 3121
25.05 Uncontrollable Circumstances. 3122
25.05.1 If either party is prevented from or delayed in performing its duties under this 3123 Agreement by circumstances beyond its control, whether or not foreseeable, including, without limitation, 3124 acts of terrorism, landslides, lightning, forest fires, storms, floods, severe weather, freezing, earthquakes, 3125 other natural or man-made disasters, the threat of such natural or man-made disasters, pandemics (or threat 3126 of same), quarantines, civil disturbances, acts of the public enemy, wars, blockades, public riots, strikes, 3127 lockouts or other labor disturbances, acts of government or governmental restraint, or other causes, whether 3128
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of the kind enumerated or otherwise, that are not reasonably within the control of the affected party, then the 3129 affected party will be excused from performance hereunder during the period of such disability. 3130
25.05.2 The party claiming excuse from performance must promptly notify the other party 3131 when it learns of the existence of such cause , including the facts constituting such cause, and when such 3132 cause has terminated. 3133
25.05.3 The interruption or discontinuance of services by a party caused by circumstances 3134 outside of its control will not constitute a default under this Agreement. 3135 Article 26. Performance Bond 3136
26.01 Performance Bond. Within ten (10) Business Days from the date the City Council approves 3137 this Agreement, Contractor must furnish to City, and keep current, a performance bond, or irrevocable letter 3138 of credit (hereinafter collectively “Performance Bond”), issued or drawn upon a surety, bank , or financial 3139 institution reasonably acceptable to City and in a form acceptable to the City Attorney, for the faithful 3140 performance of this Agreement and all obligations arising hereunder in an amount as follows: 3141
26.01.1 From July 1, 2025, and so long as this Agreement or any extension thereof remains 3142 in force, Contractor must maintain a performance bond in the amount of five million dollars ($5,000,000). 3143
26.01.1.1 The performance bond must be executed by a surety company 3144 licensed to do business in the State of California; having an “A-" or better rating by A. M. Best or Standard 3145 and Poor’s; and included on the list of surety companies approved by the Treasurer of the United States. 3146
26.01.1.2 In the event City draws on the bond, all of City’s costs of collection 3147 and enforcement of the Bond, including reasonable attorney’s fees and costs, must be paid by Contractor. 3148
26.01.1.3 The Performance Bond must be renewed annually for the entire 3149 Term of the Agreement, and evidence must be provided to City annually, up to the penal sum of the bond. 3150
26.01.1.4 In the event Contractor shall for any reason (except as otherwise 3151 provided in this Agreement) become unable, or fail in any way, to perform as required by this Agreement, 3152 City may declare a portion or all of the Performance Bond, as may be necessary to recompense and make 3153 whole the City, forfeited to the City, up to the penal sum of the bond. 3154 Article 27. Insurance 3155
3156
27.01 Before beginning any services under this Agreement, Contractor, at its own cost and 3157 expense, shall procure the types and amounts of insurance specified herein and maintain that insurance 3158 throughout the term of this Agreement. The cost of such insurance shall be included in the Contractor’s bid 3159 or proposal. Contractor shall be fully responsible for the acts and omissions of its subcontractors or other 3160 agents. 3161
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27.01.1 Workers’ Compensation. Contractor shall, at its sole cost and expense, maintain 3162 Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons 3163 employed directly or indirectly by Contractor in the amount required by Applicable Law. The requirement to 3164 maintain Statutory Workers’ Compensation and Employer’s Liability Insurance may be waived by the City 3165 upon written verification that Contractor is a sole proprietor and does not have any employees and will not 3166 have any employees during the term of this Agreement. 3167
27.01.2 Commercial General Liability and Automobile Liability Insurance. 3168
27.01.2.1 General requirements. Contractor, at its own cost and expense, 3169 shall maintain commercial general liability and automobile liability insurance for the term of this Agreement 3170 in an amount not less than $5,000,000 per occurrence and $10,000,000 aggregate, combined single limit 3171 coverage for risks associated with the work contemplated by this Agreement. 3172
27.01.2.2 Minimum scope of coverage. Commercial general liability 3173 coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence 3174 form CG 0001 0413 covering comprehensive General Liability on an “occurrence” basis. Automobile 3175 coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 1120 3176 covering any auto (Symbol 1). No endorsement shall be attached limiting the coverage. 3177
27.01.2.3 Additional requirements. Each of the following shall be included in 3178 the insurance coverage or added as a blanket-form endorsement to the policy, if applicable: 3179 a) The Commercial General Liability and Automobile Liability Insurance shall cover 3180 on an occurrence basis. 3181
b) City, its officers, officials, employees, agents, and volunteers shall be included as 3182 additional insureds for commercial general liability and automobile liability arising 3183 out of work or operations on behalf of the Contractor, via blanket -form 3184 endorsement. Additional Insured Coverage can be provided in the form of an 3185 endorsement to the Contractor’s Commercial General Liability Insurance at least 3186 as broad as Blanket-Form Additional Insured Endorsements CG 20 10 04 13 and 3187 CG 20 37 04 13. 3188
c) For any claims related to this Agreement or the work hereunder, the Contractor’s 3189 insurance covered shall be primary insurance, via blanket -form endorsement as 3190 respects the City, its officers, officials, employees, agents, and volunteers. Any 3191 insurance or self -insurance maintained by the City, its officers, officials, 3192 employees, agents or volunteers shall be excess of the Contractor’s insurance 3193 and non-contributing. 3194
d) The policy shall include a “separation of Insureds” or “severability” clause which 3195 treats each insured separately. 3196
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e) Contractor agrees to give at least thirty (30) days prior written notice to City before 3197 coverage is canceled or materially modified. 3198
27.01.3 All Policies Requirements. 3199
27.01.3.1 Submittal Requirements. Contractor shall submit the following to 3200 City prior to beginning services: 3201
a) An ACORD 25 Certificate of Liability Insurance in the amounts specified in this 3202 Agreement, supplemented with the Blanket -Form Additional Insured 3203 Endorsements for the Commercial General Liability and Automobile Liability 3204 policies. 3205
27.01.3.2 Acceptability of Insurers. All insurance required by this Agreement 3206 is to be placed with insurers with a Bests' rating of no less than A:VII. 3207
27.01.3.3 Waiver of Subrogation . Contractor hereby agrees to waive 3208 subrogation which any insurer or contractor may require from Contractor by virtue of the payment of any 3209 loss. The ACORD 25 Certificate of Insurance will be supplemented with the blanket -form waiver of 3210 subrogation endorsements that may be necessary to effect this waiver of subrogation, but this provision 3211 applies regardless of whether or not the City has received a Certificate of Insurance supplemented with the 3212 waiver of subrogation blanket-form endorsements from the insurer(s)’ authorized representative. 3213 The Workers’ Compensation policy shall be endorsed with a waiver of subrogation, via blanket -form 3214 endorsement, in favor of the City for all work performed by the Contractor, its employees, agents, and 3215 subcontractors 3216
27.01.3.4 Subcontractors. Contractor shall include all subcontractors as 3217 additional insureds under its policies or shall furnish separate certificates and applicable endorsements for 3218 each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated 3219 herein, and Contractor shall ensure that City, its officers, officials, employees, agents, and volunteers are 3220 covered as additional insured on all coverages, except Workers’ Compensation/Employer’s Liability. 3221
27.01.3.5 Excess Insurance. If Contractor maintains higher insurance limits 3222 than the minimums specified herein, City shall be entitled to coverage for the higher limits maintained by 3223 the Contractor. 3224
27.01.3.6 Primary Coverage . For any claims related to this contract, the 3225 Vendor’s insurance coverage shall be primary and non-contributory, via blanket-form endorsement. 3226
27.01.4 Remedies. In addition to any other remedies City may have if Contractor fails to 3227 provide evidence of the required insurance policies via an ACORD 25 Certificate of Insurance supplemented 3228 with the applicable blanket-form endorsements to the extent and within the time herein required, City may, 3229 at its sole option: (a) obtain such insurance and deduct and retain the amount of the premiums for such 3230 insurance from any sums due under the Agreement; (b) order Contractor to stop work under this Agreement 3231
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and withhold any payment that becomes due to Contractor hereunder until Contractor demonstrates 3232 compliance with the requirements hereof; and/or (c) terminate this Agreement. 3233
27.01.5 Insurance Requirements. Please refer to Exhibit 13 (Insurance Requirements) for 3234 detailed insurance requirements. In the case that a difference exists between the language of Article 27 and 3235 the language of Exhibit 13, the language which provides the City with the most coverage shall prevail and 3236 be binding to both parties in this Agreement. 3237
Article 28. Hold Harmless and Indemnification 3238
28.01 General Indemnification. To the fullest extent permitted by law, Contractor shall defend, 3239 indemnify and hold City, its officials, officers, employees, volunteers, and agents free and harmless from any 3240 and all claims, demands, causes of action, costs, expenses, liability, loss, damage, or injury, in law or equity, 3241 to property or persons, including wrongful death, in any manner arising out of or incident to any alleged 3242 negligent acts, omissions, or willful misconduct of Contractor, its officials, officers, employees, agents , and 3243 subcontractors arising out of or in connection with the award of the Agreement or performance of the Services 3244 or this Agreement, including without limitation the payment of all consequential damages, attorneys’ fees, and 3245 other related costs and expenses. Contractor shall defend, at Contractor's own cost, expense, and risk, any 3246 and all such aforesaid suits, actions, or other legal proceedings of every kind that may be brought or instituted 3247 against City, its directors, officials, officers, employees, agents, or volunteers. Contractor shall pay and satisfy 3248 any judgment, award , or decree that may be rendered against City or its directors, officials, officers, 3249 employees, agents , or volunteers, in any such suit, action , or other legal proceeding. Contractor shall 3250 reimburse City and its directors, officials, officers, employees, agents, and/or volunteers, for any and all legal 3251 expenses and costs, including reasonable attorneys’ fees, incurred by each of them in connection therewith 3252 or in enforcing the indemnity herein provided. Contractor's obligation to indemnify shall not be restricted to 3253 insurance proceeds, if any, received by City or its directors, officials, officers, employees, agents , or 3254 volunteers. Notwithstanding the foregoing, to the extent Contractor's Services are subject to Civil Code 3255 Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to 3256 claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the 3257 Contractor. This Section 28.1 shall survive any expiration or termination of this Agreement. 3258
28.02 Defense and Indemnity for Contractor’s Liabilities and Damages. Contractor shall 3259 indemnify, defend with counsel approved by the City, and hold City, its elected and appointed officials, 3260 officers, agents, employees, and volunteers (collectively “City Indemnitees”) harmless from and against any 3261 and all of Contractor’s liabilities, including but not limited to all claims, demands, lawsuits, judgments, 3262 damages, losses, injuries, expenses, and/or costs (including without limitation reasonable legal counsel fees, 3263 expert fees, and all other costs and fees of litigation) of every nature arising out of, brought, or claimed against 3264 Contractor by, or otherwise owed by Contractor to, Contractor’s employees, Contractor’s contractors or 3265 subcontractors, or the owners of Contractor’s firm. Contractor shall further reimburse the City for the cost of 3266 any election regarding a referendum on the award of this Agreement. 3267
28.03 Defense and Indemnity of Third-Party Claims/Liability. Contractor shall indemnify, defend 3268 with legal counsel approved by City, and hold harmless City Indemnitees from and against any and all 3269 liabilities, including but not limited to all claims, demands, lawsuits, judgments, damages, losses, injuries, 3270
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expenses, and/or costs (including without limitation reasonable legal counsel fees, expert fees, and all other 3271 costs and fees of litigation) of every nature arising out of or in connection with Contractor’s negligent 3272 performance of work hereunder or its failure to comply with any of its obligations contained in the Agreement, 3273 except to the extent such loss or damage is caused by the active negligence or willful misconduct of City. 3274 Should conflict of interest principles preclude a single legal counsel from representing both City and 3275 Contractor, or should City otherwise find Contractor’s legal counsel unacceptable, then Contractor shall 3276 reimburse City its costs of defense, including without limitation reasonable legal counsel fees, expert fees , 3277 and all other costs and fees of litigation. The Contractor shall, after the exhaustion of all appeals and entry of 3278 a final judgment, promptly pay City any final judgment rendered against City (and its officers, officials, 3279 employees, and volunteers) with respect to any liabilities or claims covered by this Section. It is expressly 3280 understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted 3281 by the law of the State of California and will survive termination of this Agreement. 3282
28.03.1 Contractor shall not be required to indemnify and hold harmless City for liability 3283 attributable to the active negligence or willful misconduct of City, provided such active negligence or willful 3284 misconduct is determined by agreement between the parties or by findings of a court of competent 3285 jurisdiction. In instances where City is shown to have been actively negligent and where City’s active 3286 negligence accounts for only a percentage of the liability involved, the obligation of the Contractor will be for 3287 that entire portion or percentage of liability not attributable to the active negligence of City based on principles 3288 of comparative fault. 3289
28.04 Nonwaiver. City does not waive, nor shall be deemed to have waived, any indemnity, 3290 defense or hold harmless rights under this Section because of the acceptance by City, or the deposit with 3291 City, of any insurance certificates or policies described in Article 27. 3292
28.05 Diversion Indemnification. Subject to the requirements of Public Resources Code Section 3293 40059.1, which will control in the event of any conflict with the provisions of this Section, Contractor agrees 3294 to protect and defend City Indemnitees with counsel selected by Contractor and approved by City, to pay all 3295 attorneys’ fees, and to indemnify, defend, and hold City Indemnitees harmless from and against all fines or 3296 penalties imposed by CalRecycle if the Diversion goals specified in California Public Resources Code Section 3297 41780, as it may be amended, are not met by City with respect to the Materials Collected by Contractor and 3298 if the lack in meeting such goals is attributable to the failure of Contractor to implement and operate the 3299 Recycling or Diversion programs or undertake the related activities required by this Agreement as determined 3300 by CalRecycle. In the event CalRecycle provides an administrative process to challenge the imposition of a 3301 compliance order or a fine or fines, Contractor and City will each be responsible for engaging any consultants 3302 or attorneys necessary to represent City in any challenge or administrative hearing process. Contractor will 3303 be responsible for the retention of and payment to any consultants engaged to perform waste generation 3304 studies ( Diversion and Disposal). All consultants and attorneys engaged hereunder are subject to the 3305 agreement of City and Contractor. 3306
28.06 Hazardous Substances Indemnification. Contractor agrees to indemnify, defend (with 3307 counsel reasonably approved by City), protect, and hold harmless the City Indemnitees from and against any 3308 and all claims of any kind whatsoever paid, suffered, or incurred by or against the City Indemnitees resulting 3309 from any repair, clean-up, removal action, or response action undertaken pursuant to CERCLA, the Health & 3310
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Safety Code , or other similar Federal, State, or local law or regulation, with respect to Solid Waste or 3311 Household Hazardous Waste Collected and Disposed of by Contractor. The foregoing indemnity is intended 3312 to operate as an agreement pursuant to Section 10(e) of CERCLA and Section 25364 of the Health & Safety 3313 Code to defend, protect, hold harmless, and indemnify the City Indemnitees from all forms of liability under 3314 CERCLA, the Health & Safety Code, or other similar Federal, State, or local law or regulation. 3315
28.07 Proposition 218. City shall comply with all Applicable Law concerning the Maximum Service 3316 Rates provided under this Agreement. Upon thorough analysis, the parties have made a good faith 3317 determination that the Maximum Service Rates for the Solid Waste Collection provided under this Agreement 3318 are not subject to California Constitution Articles XIIIC and XIIID because, among other reasons, such 3319 services are provided by a private corporation and not by City, Contractor independently establishes the rates 3320 for services within the limits established in this Agreement, the receipt of services is voluntary and not required 3321 of any property within City, and any owner or Service Recipient of property within City has the opportunity to 3322 avoid the services available under this Agreement either through Self-Hauling or use of property in such a 3323 manner that Solid Waste is not generated. Accordingly, in the event that a third party challenges the Maximum 3324 Service Rates as being in violation of Article XIIIC or XIIID of the California Constitution, or otherwise asserts 3325 that the Maximum Service Rates are an invalid tax, assessment, or fee, then Contractor agrees, subject to 3326 the provisions of the Public Resources Code Section 40059.2 and if allowed by law, to waive, release, and 3327 hold harmless the City Indemnitees from and against any and all claims Contractor may have against the City 3328 Indemnitees resulting therefrom, and to indemnify and defend City indemnitees, with legal counsel reasonably 3329 acceptable to City, from any third-party claim, suit, or other action, whether administrative, legal, or equitable, 3330 challenging the Maximum Service Rates authorized under this Agreement or as being in violation of Article 3331 XIIIC or XIIID of the California Constitu tion, or otherwise asserting that the Maximum Service Rate are an 3332 invalid tax, assessment, or fee. The foregoing notwithstanding, Contractor shall have no obligation to pay or 3333 refund monies paid to the City as and for franchise fees or other administrative fees established by this 3334 Agreement if such franchise fees or other administrative fees are determined by a Court to be invalid, in 3335 violation of State or Federal law, or an unauthorized tax or government fee. This Section will survive the 3336 expiration or termination of this Agreement for claims arising prior to the expiration or termination of this 3337 Agreement. In addition, the City may determine to subject any adjustment to the Maximum Service Rates to 3338 any procedure under Article XIIIC or XIIID of the California Constitution. Any such adjustment to the Maximum 3339 Service Rates shall not be effective if the City receives a majority protest or is otherwise unable to approve 3340 the adjustment. In such event, Contractor may terminate this Agreement with eighteen (18) months’ notice 3341 to City. 3342
28.08 Employment & Labor Practices. Contractor shall indemnify, defend, and hold harmless City 3343 Indemnitees, from any and all liability, damages, claims, costs, and expenses of any nature to the extent 3344 arising from Contractor's personnel and labor practices, including any claim of entitlement to City retirement 3345 or other benefits or failure to pay and comply with State or Federal prevailing wage laws should such be 3346 applicable to Contractor’s personnel or labor practices or to one or more of the services it provides pursuant 3347 to the Agreement. All duties of Contractor under this paragraph shall survive termination of this Agreement. 3348
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28.09 Consideration. It is specifically understood and agreed that the consideration inuring to 3349 Contractor for the execution of this Agreement consists of the promises, payments, covenants, rights , and 3350 responsibilities contained in this Agreement. 3351
28.10 Obligation. This Agreement obligates Contractor to comply with the foregoing 3352 indemnification and release provisions; however, the collateral obligation of providing insurance must also be 3353 complied with as set forth in this Agreement. The provision of insurance and the coverage limits therein shall 3354 not in any way be a limitation on Contractor’s indemnification and defense obligations. 3355
28.11 Subcontractors. Contractor must require all subcontractors performing work in the City to 3356 enter into a contract containing the provisions set forth in Article 27, in which contract the subcontractor fully 3357 indemnifies City in accordance with this Agreement. 3358
28.12 Exception. Notwithstanding other provisions of this Agreement, Contractor’s obligation to 3359 indemnify, hold harmless, and defend City, its officers, and its employees will not extend to any loss, liability, 3360 penalty, damage, action , or suit arising or resulting solely from acts constituting active negligence, willful 3361 misconduct, or violation of law on the part of City, its officers, or its employees. 3362
28.13 Damage by Contractor. If Contractor’s employees or subcontractors cause any injury, 3363 damage, or loss to City property, including but not limited to City streets or curbs, excluding normal wear and 3364 tear, Contractor must reimburse City for City’s cost of repairing or replacing such injury, damage, or loss. 3365 Such reimbursement is not in derogation of any right of City to be indemnified by Contractor for any such 3366 injury, damage , or loss. With the prior written approval of City, Contractor may repair the damage at 3367 Contractor’s sole cost and expense. Any injury, damage, or loss to private property caused by the negligent 3368 or willful acts or omissions of Contractor to private property must be repaired or replaced by Contractor at 3369 Contractor’s sole expense. Disputes between Contractor and its Service Recipients or private property 3370 owners as to damage to private property are civil matters , and complaints of damage will be referred to 3371 Contractor as a matter within its sole responsibility and as a matter within the scope of this Article. 3372 Article 29. Default of Agreement 3373
29.01 Termination. City may cancel this Agreement, subject Contractor’s right to cure and except 3374 as otherwise provided below in this Section, by giving Contractor thirty (30) calendar days advance written 3375 notice, to be served as provided in this Agreement, upon the happening of any one of the following events: 3376
29.01.1 Contractor takes the benefit of any present or future insolvency statute ; makes a 3377 general assignment for the benefit of creditors; files a voluntary petition in bankruptcy (court); files a petition 3378 or answer seeking an arrangement for its reorganization or the readjustment of its indebtedness under the 3379 Federal bankruptcy laws or under any other law or statute of the United States or any State thereof; or 3380 consents to the appointment of a receiver, trustee or liquidator of all or substantially all of its property; or 3381
29.01.2 By order or decree of a court, Contractor is adjudged bankrupt or an order is made 3382 approving a petition filed by any of its creditors or by any of the stockholders of Contractor, seeking its 3383 reorganization or the readjustment of its indebtedness under the Federal bankruptcy laws or under any law 3384
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or statute of the United States or of any State thereof, provided that if any such judgment or order is stayed 3385 or vacated within sixty (60) calendar days after the entry thereof, any notice of default will be and become 3386 null, void, and of no effect, unless such stayed judgment or order is rein stated, in which case such default 3387 will be deemed immediate; or 3388
29.01.3 By, pursuant to, or under the authority of any legislative act, resolution , or rule or 3389 any order or decree of any court or governmental board, agency , or officer having jurisdiction, a receiver, 3390 trustee, or liquidator takes possession or control of all or substantially all of the property of Contractor, and 3391 such possession or control continues in effect for a period of sixty (60) calendar days; or 3392
29.01.4 Contractor has defaulted, by failing or refusing to pay in a timely manner the 3393 Administrative Charges and Penalties or other monies due City under this Agreement, and such default is 3394 not cured within thirty (30) calendar days of receipt of written notice by City to do so, unless Contractor has 3395 filed for judicial or administrative relief from such Administrative Charges or Penalties; or 3396
29.01.5 Contractor has defaulted by allowing any final judgment in an action to which 3397 Contractor is a party for the payment of money owed to City to stand against it unsatisfied and such default 3398 is not cured within thirty (30) calendar days of receipt of written notice by City to do so; or 3399
29.01.6 In the event that the monies due City is the subject of a judicial proceeding, 3400 Contractor will not be in default if the sum of money is bonded. All bonds must be in the form acceptable to 3401 the City Attorney; or 3402
29.01.7 Contractor has defaulted, by failing or refusing to perform or observe any of the 3403 terms, conditions , or covenants in this Agreement , including , but not limited to, the maintenance of a 3404 performance bond in accordance with Article 26, or any of the rules and regulations promulgated by City 3405 pursuant thereto , or has wrongfully failed or refused to comply with the instructions of the Agreement 3406 Administrator relative thereto , and such default is not cured within thirty (30) calendar days of receipt of 3407 written notice by City to do so, or if by reason of the nature of such default, the same cannot be remedied 3408 within thirty (30) calendar days following receipt by Contractor of written demand from City to do so, 3409 Contractor fails to commence the remedy of such default within such thirty (30) calendar days following such 3410 written notice or having so commenced fails thereafter to continue with diligence the curing thereof (with 3411 Contractor having the burden of proof to demonstrate (a) that the default cannot be cured within thirty (30) 3412 calendar days, and (b) that it is proceeding with diligence to cure such default, and such default will be cured 3413 within a reasonable period of time). 3414
29.02 Effective Date. In the event of any of the events specified above, and except as otherwise 3415 provided in such subsections, or as provided in the event of any judicial order binding upon City, termination 3416 will be effective upon the date specified in City's written notice to Contractor, and upon such date this 3417 Agreement will be deemed immediately terminated and upon such termination, except for payment of services 3418 rendered up to and including the date of termination, all liability of City under this Agreement to Contractor 3419 will cease, and City will have the right to call the performance bond and will be free to negotiate with other 3420 contractors for the operation of interim and long-term Collection Services. Contractor must reimburse City for 3421
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all direct and indirect costs of providing any interim Solid Waste Collection as a result of Contractor’s default 3422 in this Agreement. 3423
29.03 Termination Cumulative. City’s right to terminate this Agreement is cumulative to any other 3424 rights and remedies provided by law or by this Agreement. 3425
29.04 Survival of Certain Contractor Obligation s. Notwithstanding the termination of this 3426 Agreement by Contractor or City, Contractor’s obligation to indemnify, defend , and hold City and City 3427 Indemnitees harmless as provided in this Agreement shall survive any termination of this Agreement. 3428 Article 30. Modifications to the Agreement 3429
30.01 City-Directed Change. City has the power to make changes in this Agreement to impose 3430 new rules and regulations on Contractor under this Agreement relative to the scope and methods of providing 3431 Collection Services, as may from time-to-time be necessary and desirable for the public welfare. The size of 3432 Collection Containers specified herein for Bundled Service are designed to meet the requirements of 3433 Applicable Law, inclusive of the State’s Recycling mandates, including AB 341, AB 1826, and SB 1383, and 3434 to be appropriate for the capabilities and capacities of available Materials Recovery Facilities and Organic 3435 Waste Processing Facilities at the start of this Agreement. City will give the Contractor notice of any proposed 3436 change, and the parties agree to meet and confer in good faith concerning those matters, and City agrees to 3437 adjust Maximum Service Rate s to reasonably reflect additional costs borne by Contractor. When such 3438 modifications are made to this Agreement, City and Contractor will negotiate in good faith a reasonable and 3439 appropriate compensation adjustment for any increase or decrease in the services or other obligations 3440 required of Contractor due to any modification in the Agreement under this Article. City and Contractor will 3441 not unreasonably withhold agreement to such compensation adjustment. Should agreement between City 3442 and Contractor on compensation adjustment not be reached within six (6) months of the change request, or 3443 other period as agreed upon by both parties, City and Contractor agree to submit the compensation 3444 adjustment to binding arbitration as described in Section 30.03. 3445
30.02 Adjustments Due to Change in Law. In addition to and separate from the adjustments set 3446 forth in Section 6.03, Contractor will be entitled to an adjustment of the Maximum Service Rates as a result 3447 of a Change in Law. 3448
30.02.1 Change in Law Affecting Contractor’s Agreement Obligations. For a Change in Law 3449 that affects Contractor’s performance of services required pursuant to this Agreement, Contractor will be 3450 entitled to an equitable adjustment of the Service Rates as a result of the Change in Law. Upon Contractor 3451 providing written notice to City that a Change in Law has affected Contractor’s performance of services, City 3452 and Contractor will meet and confer to determine the impacts of the Change in Law on Contractor’s 3453 performance of services and costs associated with performance of the services, to determine the amount of 3454 adjustment to be made to the Maximum Service Rates. 3455
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Article 31. Legal Representation 3456
31.01 Acknowledgement. It is acknowledged that each party was, or had the opportunity to be, 3457 represented by counsel in the preparation of , and contributed equally to the terms and conditions of , this 3458 Agreement, and, accordingly, the rule that a contract will be interpreted strictly against the party preparing 3459 the same will not apply, due to the joint contributions of both parties. 3460 Article 32. Conflict of Interest 3461
32.01 Financial Interest. Contractor is unaware of any City employee or official that has a financial 3462 interest in Contractor’s business. During the Term of this Agreement and/or as a result of being awarded this 3463 Agreement, Contractor shall not offer, encourage, or accept any financial interest in Contractor’s business by 3464 any City employee or official. 3465
Article 33. Contractor's Personnel 3466
33.01 Personnel Requirements. Contractor shall assign only qualified personnel to perform all 3467 services required under this Agreement and shall be responsible for ensuring its employees comply with this 3468 Agreement and all Applicable Laws related to their employment and position . Contractor's employees, 3469 officers, agents, and subcontractors shall not identify themselves or in any way represent themselves as 3470 being employees or officials of City. City may request the transfer of any employee of Contractor who 3471 materially violates any provision of this Agreement, or who is wanton, negligent, or discourteous in the 3472 performance of their duties under this Agreement. 3473
33.02 Agreement Manager . Contractor shall designate a qualified employee to serve as its 3474 Agreement Manager and must provide the name of that person in writing to City within thirty (30) days prior 3475 to the Commencement Date of this Agreement, and annually by January 1 st of each subsequent Calendar 3476 Year of this Agreement , and any other time the person in that position changes. The Agreement Manager 3477 must be available to the City through the use of telecommunications equipment at all times that Contractor is 3478 providing Solid Waste Collection in the Service Area. The Contract Manager must provide City with an 3479 emergency phone number where the Contract Manager can be reached outside of normal business hours. 3480
33.03 Service Supervisor. Contractor shall assign a qualified employee to serve as its Service 3481 Supervisor, to be in charge of the Collection Service within the Service Area and must provide the name of 3482 that person in writing to the Agreement Administrator on or before the Commencement Date, and thereafter 3483 annually before January 1st of each subsequent Calendar Year of the Term, and any other time Contractor 3484 changes the employee serving in that position changes. The Service Supervisor must be physically located 3485 in the Service Area and available to the Agreement Administrator through the use of telecommunication 3486 equipment at all times that Contractor is providing Solid Waste Collection. In the event the Service Supervisor 3487 is unavailable due to illness or vacation, Contractor must designate a substitute acceptable to the City who 3488 shall be available and shall have the authority to act in the same capacity as the Service Supervisor. 3489
33.04 Key Operations Staff. Contractor shall identify a full-time Key Operations Staff, consisting 3490 at a minimum of: one (1) Operations Manager; one (1) Route Supervisor; one (1) Lead Mechanical 3491
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Supervisor; and one (1) Service Recipient Service Supervisor 100% dedicated to the City. Each Key 3492 Operations Staff will provide the following to City Staff: email address, phone number, cell phone number , 3493 and office address. 3494
33.05 Sustainability/Compliance Staff. In accordance with Section 20.01, Contractor shall provide 3495 full-time Sustainability/Compliance Staff, whose primary duties are dedicated to the City. The services 3496 described in this section are not effective until such time as the City and Contractor agree to a City-Directed 3497 Change per Section 30.01. 3498
33.06 Field Personnel. Contractor’s field operations personnel are required to wear a clean 3499 uniform shirt bearing Contractor’s name. Contractor’s employees who normally come into direct contact with 3500 the public, including drivers, must bear some means of individual photographic identification, such as a name 3501 tag or identification card. Each driver of a Collection vehicle must at all times carry a valid California driver's 3502 license and all other required licenses for the type of vehicle that is being operated. 3503
33.07 Labor Certifications. Contractor certifies: (i) it is aware of the provisions of Section 3700 of 3504 the California Labor Code that require every employer to be insured against liability for Workers' 3505 Compensation or to undertake self -insurance in accordance with the provisions of that Code; (ii) in the 3506 performance of the Services, Contractor shall not, in any manner, employ any person or contract with any 3507 person such that any part of this Agreement is performed by such a person as would be subject to the workers' 3508 compensation laws of the State of California unless and until Contractor gives City a certificate of consent to 3509 self-insure or a certificate of Workers' Compensation Insurance Coverage; and (iii) in the event Contractor 3510 hires any subcontractor who has employees to perform any part thereof, then Contractor shall either require 3511 the subcontractor to obtain Workers' Compensation Insurance Coverage, or must obtain Workers' 3512 Compensation Insurance Coverage for the subcontractor's employees. Before commencing performance 3513 under this Agreement, Contractor shall provide to the City evidence of any Workers' Compensation Insurance 3514 Coverage required by or for this Agreement, and all such coverage shall be endorsed with a waiver of 3515 subrogation in favor of City for all work performed by Contractor , its employees, its agents, and its 3516 subcontractors. 3517
33.08 Subcontractors. Contractor shall not subcontract any portion of this Agreement without the 3518 prior written approval of the City Manager. Contractor is fully responsible to City for the performance of any 3519 and all subcontractors, if any, and shall require any subcontractors to maintain all applicable Federal, state, 3520 and local licenses required for the work they are assigned to perform. Contractor shall require any 3521 subcontractors performing work in the City to enter into a written contract that requires such subcontractors 3522 to agree they are independent contractors and have no other agency relationship with City. 3523 Article 34. Exempt Waste 3524
34.01 Contractor is not required to Collect or Dispose of Exempt Waste but may offer such 3525 services. All such Collection and Disposal of Exempt Waste is not regulated under this Agreement, but if 3526 provided by Contractor must be in strict compliance with all Applicable Laws. 3527
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Article 35. Independent Contractor 3528
35.01 In the performance of services pursuant to this Agreement, Contractor is an independent 3529 contractor and not an officer, agent, servant , or employee of City. Contractor will have exclusive control of 3530 the details of the services and work performed , and over all persons performing such services and work. 3531 Contractor is solely responsible for the acts and omissions of its officers, agents, employees, contractors, and 3532 subcontractors, if any. Neither Contractor nor its officers, employees, agents, contractors, or subcontractors 3533 will obtain any right to retirement benefits, Workers Compensation benefits, or any other benefits which 3534 accrued to City employees, and Contractor expressly waives any claim to such benefits. 3535
35.02 Subcontractors. Contractor will require all subcontractors performing work in the City to 3536 enter into a contract containing the provisions set forth in the preceding subsection , in which contract the 3537 subcontractor agrees that Contractor and subcontractor are independent contractors and have no other 3538 agency relationship with City. 3539
Article 36. Laws to Govern 3540
36.01 The laws of the State of California govern the rights, obligations, duties, and liabilities of 3541 City and Contractor under this Agreement, and governs the interpretation of this Agreement. 3542 Article 37. Consent to Jurisdiction 3543
37.01 The parties agree that any litigation between City and Contractor concerning or arising out 3544 of this Contract must be filed and maintained exclusively in the Superior Courts of Contra Costa County, State 3545 of California, or in the United States District Court for the Northern District of California to the fullest extent 3546 permissible by law. Each party consents to service of process in any manner authorized by California law. 3547 Article 38. Assignment 3548
38.01 No assignment of this Agreement or any right occurring under this Agreement may be 3549 made in whole or in part by Contractor without the express prior written consent of the City. City may not 3550 unreasonably withhold consent to any such proposed transfer or assignment. Any assignment of this 3551 Agreement made by Contractor without the express written consent of the City will be null and void and will 3552 be grounds for City to declare a default of this Agreement and immediately terminate this Agreement by giving 3553 written notice to Contractor, and upon the date of such notice this Agreement will be deemed immediately 3554 terminated, and upon such termination all liability of City under this Agreement to Contractor will cease, and 3555 City will have the right to call the performance bond and will be free to negotiate with other contractors for the 3556 services that are the subject of this Agreement. In the event of any assignment approved by City, the assignee 3557 must fully assume all the liabilities of Contractor by way of an assignment and assumption agreement. The 3558 sale, assignment, transfer, or other disposition, on a cumulative basis, of fifty percent (50%) or more of the 3559 ownership interest in Contractor or twenty -five percent (25%) or more of the voting control of Contractor 3560 (whether Contractor is a corporation, limited liability company, partnership, joint venture or otherwise) shall 3561 constitute an assignment for purposes of this Agreement, requiring prior written consent of the City. Further, 3562 the involvement of Contractor or its assets in any transaction or series of transactions (by way of merger, 3563
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sale, acquisition, financing, transfer, leveraged buyout, or otherwise), whether or not a formal assignment of 3564 this Agreement, which reduces Contractor’s assets or net worth by twenty-five percent (25%) or more, shall 3565 also constitute an assignment for purposes of this Agreement, also requiring prior written consent of the City. 3566 Transfers to affiliate companies of Contractor that have common ownership shall not be considered an 3567 assignment under the terms of this section. Upon notification to the City of any proposed assignment , 3568 Contractor shall provide to the City a payment of one hundred fifty thousand dollars ($150,000) for the City to 3569 perform its due diligence related to the requested assignment. 3570
38.02 The use of a subcontractor to perform services under this Agreement will not constitute 3571 delegation of Contractor’s duties if Contractor has received prior written authorization from the Agreement 3572 Administrator to subcontract such services and the Agreement Administrator has approved a subcontractor 3573 who will perform such services. Contractor will be responsible for directing the work of Contractor’s 3574 subcontractors, and any compensation due or payable to Contractor’s subcontractor will be the sole 3575 responsibility of Contractor. The Agreement Administrator will have the right to require the removal of any 3576 approved subcontractor for reasonable cause. 3577
Article 39. Compliance with Laws 3578
39.01 In the performance of this Contractor, Contractor must comply with all Applicable Laws, 3579 including, without limitation, the Richmond Municipal Code. 3580
39.02 City shall provide written notice to Contractor of any planned amendment of the Richmond 3581 Municipal Code that would substantially affect the performance of Contractor’s services pursuant to this 3582 Agreement. Such notice must be provided at least thirty (30) calendar days prior to the City Council’s approval 3583 of such an amendment. Any such amendment that would or does affect Contractor’s services hereunder shall 3584 trigger the requirements of Sections 30.01 (City-Directed Change) and 30.02 (Change in Law) of this 3585 Agreement. 3586
Article 40. Permits and Licenses 3587
40.01 Contractor shall obtain, at its own expense, all permits and licenses required by law or 3588 ordinance, and shall maintain same in full force and effect throughout the Term of this Agreement. Contractor 3589 must provide proof of such permits, licenses, or approvals and must demonstrate compliance with the terms 3590 and conditions of such permits, licenses, and approvals upon the request of the Agreement Administrator. 3591
40.02 The Contractor must procure and maintain a valid City Business License throughout the 3592 Term of the Agreement. 3593
Article 41. Ownership of Written Materials 3594
41.01 Contractor hereby grants City a non-exclusive license to all reports, documents, brochures, 3595 public education materials, and other similar written, printed, electronic, or photographic materials developed 3596 by Contractor at the request of City or as required under this Agreement and intended for public use, without 3597 limitation or restrictions on the use of such materials by City. Contractor may not use such materials that 3598
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specifically reference City for other purposes without the prior written consent of the Agreement Administrator. 3599 This Article 41does not apply to content, ideas, or concepts described in such materials and does not apply 3600 to the format of such materials. 3601
Article 42. Waiver 3602
42.01 Waiver by City or Contractor of any breach for violation of any term, covenant, or condition 3603 of this Agreement will not be deemed to be a waiver of any other term, covenant , or condition or any 3604 subsequent breach for violation of the same or of any other term, covenant, or condition. The subsequent 3605 acceptance by City of any fee, tax, or any other monies which may become due from Contractor to City will 3606 not be deemed to be a waiver by City of any breach for violation of any term, covenant, or condition of this 3607 Agreement. 3608
Article 43. Prohibition Against Gifts 3609
43.01 Contractor represents that Contractor is familiar with City’s prohibition against the 3610 acceptance of any gift by a City officer or designated employee. Contractor may not offer any City officer or 3611 designated employee any gifts prohibited by the City. 3612 Article 44. Point of Contact 3613
44.01 The day-to-day dealings between Contractor and City will be between Contractor and the 3614 Agreement Administrator. 3615
Article 45. Notices 3616
45.01 Except as provided in this Agreement, whenever either party desires to give notice to the 3617 other, it must be given by written notice addressed to the party for whom it is intended, at the place last 3618 specified, and to the place for giving of notice in compliance with the provisions of this Section. For the 3619 present, the parties designate the following as the respective persons and places for giving of notice: 3620 As to the City: 3621
________________ 3622
________________ 3623
________________ 3624
As to the Contractor: 3625
________________ 3626
________________ 3627
________________ 3628
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45.02 Notices given by personal delivery shall be effective immediately. Notices given by mail 3629 shall be deemed to have been delivered forty -eight (48) hours after having been deposited in the United 3630 States mail. Changes in the respective address to which such notice is to be directed may be made by written 3631 notice. 3632
45.03 Notice by City to Contractor of a Collection or other Service Recipient problem or complaint 3633 may be given to Contractor orally by telephone at Contractor’s local office with confirmation sent to Contractor 3634 through the Customer Service System by the end of the Workday. 3635 Article 46. Transition to Next Contractor 3636
46.01 In the event Contractor is not awarded an extension or new contract to continue to provide 3637 Solid Waste Collection following the expiration or early termination of this Agreement, Contractor will 3638 cooperate fully with City and any subsequent contractors to assure a smooth transition of services described 3639 in this Agreement. Such cooperation will include , but not be limited to , transfer of computer data and files; 3640 providing routing information, route maps, vehicle fleet information, and list of Service Recipients; providing 3641 a complete inventory of all Collection Containers; providing adequate labor and equipment to complete 3642 performance of all Solid Waste Collection required under this Agreement; taking reasonable actions 3643 necessary to transfer ownership of Carts and Bins, as appropriate, to City, including transporting such 3644 Containers to a location designated by the Agreement Administrator; coordinating Collection of Materials set 3645 out in new Containers if new Containers are provided for a subsequent Agreements ; and providing other 3646 reports and data required by this Agreement. 3647
Article 47. Contractor’s Records 3648
47.01 Contractor shall keep and preserve, during the Term of this Agreement, full, complete, and 3649 accurate financial and accounting records, pertaining to cash, billing, and disposal transactions for the 3650 franchise area, prepared on an accrual basis in accordance with generally accepted accounting principles. 3651 These records and reports are necessary for the City to properly administer and monitor the Agreement and 3652 to assist the City in meeting the requirements of the Act. The Contractor shall keep and preserve, during the 3653 Term of this Agreement, and for a period of not less than four (4) years following expiration or other 3654 termination hereof or for any longer period required by law, full, complete, and accurate records as indicated 3655 in the Agreement. 3656
47.02 Any records or documents required to be maintained pursuant to this Agreement must be 3657 made available for inspection or audit at any time during regular business hours, upon written request by the 3658 Agreement Administrator, the City Attorney, City Auditor, City Manager, or a designated representative of any 3659 of these officers. Copies of such documents will be provided to City electronically, available to City for 3660 inspection at the local Contractor office, or available to City for inspection at an alternate site if mutually 3661 agreed upon. 3662
47.02.1 Contractor acknowledges that City is legally obligated to comply with the California 3663 Public Records Act (“CPRA”). City acknowledges that Contractor may consider certain records, reports, or 3664 information contained therein (“Records”) which Contractor is required to provide to City under this 3665
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Agreement to be of a proprietary or confidential nature. In such instances, Contractor will inform City in 3666 writing of which records are considered propriety or confidential and shall identify the statutory exceptions 3667 to disclosure provided under the CPRA that legally permit non -disclosure of the Records. At such time as 3668 City receives a request for records under the CPRA or Federal Freedom of Information Act (“FOIA”), or a 3669 subpoena or other court order requesting disclosure of the Records, City will notify Contractor of the request, 3670 subpoena, or order and of City’s obligation and intent to provide a response within ten (10) calendar days. 3671 Contractor shall within five (5) calendar days either: (i) consent in writing to the disclosure of the Records; 3672 or (ii) seek and obtain, at Contractor’s sole cost and expense, the order of a court of competent jurisdiction 3673 staying or enjoining the disclosure of the Records. If Contractor fails to respond within the timeframe 3674 stipulated, then City may proceed to disclosure the Records, in which event Contractor agrees, waives, and 3675 releases City of any liability for the disclosure of the Records. In the event Contractor seeks a court order to 3676 stay or enjoin the disclosure of the Records, Contractor agrees to indemnify, defend, and hold harmless the 3677 City, its Council, elected and appointed board or commission members, officers, employees, volunteers, and 3678 agents (collectively, "Indemnitees") from and against any and all loss, liability, penalty, forfeiture, claim, 3679 demand, action, proceeding, or suit in law or equity of any and every kind and description, whether judicial, 3680 quasi-judicial, or administrative in nature, arising or resulting from or in any way connected with the subject 3681 CPRA, FOIA request, or subpoena for the Records. This indemnity obligation shall survive the expiration or 3682 termination of this Agreement. 3683
47.03 Where City has reason to believe that such records or documents may be lost or discarded 3684 in the event of the dissolution, disbandment, or termination of Contractor’s business, City may, by written 3685 request or demand of any of the above-named officers, require that custody of the records be given to City 3686 and that the records and documents be maintained in City Hall. Access to such records and documents will 3687 be granted to any party authorized by Contractor, Contractor’s representatives, or Contractor’s successor-in-3688 interest. 3689
47.04 Failure to Keep and Preserve Records. The refusal of Contractor to keep and preserve any 3690 of the records required shall be deemed a material breach of this Agreement and shall subject Contractor to 3691 all remedies, legal or equitable, which are available to City under this Agreement or otherwise. 3692 Article 48. Entire Agreement 3693
48.01 This Agreement and the attached Exhibits constitute the entire Agreement and 3694 understanding between the parties, and the Agreement will not be considered modified, altered, changed, or 3695 amended in any respect unless in writing and signed by the parties. 3696 Article 49. Severability 3697
49.01 If any provision of this Agreement or the application of it to any person or situation is to any 3698 extent held invalid or unenforceable, the remainder of this Agreement and the application of such provisions 3699 to persons or situations other than those as to which it is held invalid or unenforceable, will not be affected, 3700 will continue in full force and effect, and will be enforced to the fullest extent permitted by law. 3701
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Article 50. Right to Require Performance 3702
50.01 The failure of City at any time to require performance by Contractor of any provision of this 3703 Agreement will in no way affect the right of City thereafter to enforce same. Nor will waiver by City of any 3704 breach of any provision of this Agreement be taken or held to be a waiver of any succeeding breach of such 3705 provision or as a waiver of any provision itself. 3706
Article 51. All Prior Agreements Superseded 3707
51.01 This Agreement incorporates and includes all prior negotiations, correspondence, 3708 conversations, agreements, and understandings applicable to the matters contained in this Agreement, and 3709 the parties agree that there are no commitments, agreements, or understandings concerning the subject 3710 matter of this Agreement that are not contained in this document. Accordingly, it is agreed that no deviation 3711 from the terms of this Agreement will be predicated upon any prior representations or agreements, whether 3712 oral or written. 3713
Article 52. Headings 3714
52.01 Headings in this document are for convenience of reference only and are not to be 3715 considered in any interpretation of this Agreement. 3716 Article 53. Exhibits 3717
53.01 Each Exhibit referred to in this Agreement forms an essential part of this Agreement. Each 3718 such Exhibit is a part of this Agreement, and each is incorporated by this reference. In the event of any 3719 conflicts between this Agreement and the Exhibits, then this Agreement shall take priority. 3720 Article 54. Attorney’s Fees 3721
54.01 If litigation is brought by a party in connection with this Agreement, the prevailing party will 3722 be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys’ fees, 3723 incurred by the prevailing party in the exercise of any of its rights or remedies under this Agreement or the 3724 enforcement of any of the terms, conditions, or provisions of this Agreement. 3725 Article 55. Commencement Date 3726
55.01 This Agreement will become effective when it is properly executed by City and Contractor, 3727 and Contractor will commence Solid Waste Collection under this Agreement as of July 1, 2025. 3728 3729
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IN WITNESS WHEREOF, City and Contractor have executed this Agreement on the respective 3730 date(s) below each signature. 3731
CITY OF ______________ CONTRACTOR 3732
A Charter City 3733
By: ________________________ By: ________________________ 3734 3735
3736
Title: _______________________ By: _____________________________ 3737 President 3738
3739
ATTEST: ____________________ By: __________________________ 3740 City Clerk 3741
APPROVED AS TO FORM 3742
City Attorney _____________________________ 3743
Secretary 3744
By: _________________________ 3745
3746
Exhibit 1- Maximum Service Rates
Proposer's Name:
Service Descriptions Billing Frequency 20-Gallon
Service Rate
32-Gallon
Service Rate
64-Gallon
Service Rate
96-Gallon
Service Rate
Standard Single-Family Automated Cart Service
(Trash, Recycling, Organic Waste) per month $33.89 $37.74 $75.63 $113.94 Low-Income Cart Service
(Trash, Recycling, Organic Waste) per month $28.89 $32.74 $70.63 $108.94 Additional Trash Cart each cart $33.89 $37.74 $75.63 $113.94 Additional Recycling Cart each cart $14.00 $14.00 $14.00 $14.00 Additional Organic Waste Cart each cart $14.00 $14.00 $14.00 $14.00 Restart of Service (Auto-Resume Fee) per occurrence $101.86 $101.86 $101.86 $101.86 Cart Delivery per occurrence $0.00 $0.00 $0.00 $0.00
Cart Removal per occurrence $0.00 $0.00 $0.00 $0.00
Cart Exchange (more than 1 time per calendar year, 10.05.5) per occurrence $55.62 $55.62 $55.62 $55.62 Residential Cart Replacement Fee (First occurrence is free) per occurrence $98.78 $98.78 $98.78 $98.78 Recycling Contamination per occurrence $44.83 $44.83 $44.83 $44.83 Organic Contamination per occurrence $44.83 $44.83 $44.83 $44.83 Additional Pickup per occurrence $17.29 $17.29 $34.58 $51.87 Carryout Fee each cart $13.64 $13.64 $13.64 $13.64
Return Trip per occurrence $51.70 $51.70 $51.70 $51.70
Overage Fee per occurrence $17.29 $17.29 $17.29 $17.29
Account History Report per occurrence $21.82 $21.82 $21.82 $21.82 Additional Bulky Pickup (rate include disposal) per occurrence $215.41 $215.41 $215.41 $215.41 SFD Trash (Note: Trash rate includes bundled rates that include 64-Gallon Recycling and 64-Gallon Organic Waste) Richmond Sanitary Service, Inc. d/b/a Republic Services Form K, Tab A: Single-Family Dwelling Maximum Service Rates Rate Schedule Effective 7/1/2025 (15-Year Term)
TAB A SFD Rates