Agenda packet — San Juan Bautista City Council, August 18, 2026 (part 1 of 2)

City of San Juan Bautista
The “City of History” www.san-juan-bautista.ca.us

CITY COUNCIL

REGULAR MEETING
TUESDAY, AUGUST 18, 2026, 6:00 P.M.

HYBRID MEETING
City Hall, Council Chambers
311 Second Street, San Juan Bautista, California
AGENDA

ZOOM WEBINAR PARTICIPATION
The meeting can also be accessed by the public in the following ways: via Zoom (https://zoom.us/join) per the instructions below, and on Facebook.

Please note: If all Council Members are present in person, public participation via Zoom or Facebook viewing is for convenience only and is not required by law. If the Zoom or Facebook feed is lost for any reason, the meeting may be paused while a fix is attempted, but the meeting may continue at the discretion of the presiding officer.

JOIN ZOOM WEBINAR TO PARTICIPATE LIVE
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To participate telephonically:
call 1 (669) 900-6833
Webinar ID: 883 7332 0235

1. CALL TO ORDER
A. Pledge of Allegiance
B. Roll Call

2. CLOSED SESSION 5:00 P.M. – 6:00 P.M.

Receive public communication from the audience on Closed Session items. The City Council will recess to closed session pursuant to:
a. Conference with Legal Counsel—Existing Litigation – Orozco v. City of San Juan Bautista et al. (California Government Code section 54956.9(d)(1)) b. Conference with Legal Counsel—Anticipated Litigation – Significant exposure to litigation pursuant to paragraph (2) or (3) of subdivision (d) of Section 54956.9(e)(2): (1 case) c. Public Employee Performance Evaluation – (California Government Code section §54956.7(b)(1)) – the City Attorney.

Page | 2 City Council August 18, 2026

3. PROCLAMATION / COMMENDATION
A. National Health Center Week, August 2-6, 2026
B. National Breastfeeding Awareness Month, August 2026

4. PUBLIC COMMENT
Public comments generally are limited to three minutes per speaker on items that are not on the agenda and are under the City’s subject matter jurisdiction. The Mayor may further limit the time for public comments depending on the agenda schedule.

5. PUBLIC HEARING
A. Recology Annual Rate Adjustment and Maximum Allowable Solid Waste Collection Rates
Recommendation: 1.) Hold a Public Hearing to Accept public input and testimony regarding the proposed annual adjustment to the maximum allowable solid waste collection rates, effective July 1, 2026; 2) Approve a Resolution adopting the annual adjustment and establishing the maximum allowable solid waste collection rates as set forth in the resolution.

6. CONSENT
All matters listed under the San Juan Bautista City Council Consent Agenda may be enacted by one motion unless a member of the City Council or the public requests a separate vote.

A. Approve the Affidavit of Posting Agenda
B. Waive Reading of Resolutions and Ordinances on the Agenda Beyond Title C. Treasurer’s Report and Monthly Financial Statements
Recommendation: Accept the financial report for June 2026.

D. Approve the On-Call Consultant List of Fourteen (14) Consultants for Environmental Review and Planning Consulting Services
Recommendation: Approve a RESOLUTION approving the following 14 consultants for inclusion on the City's On-Call Environmental Review and Planning Consulting Services List for a three-year term beginning August 18, 2026, and ending June 30, 2029; and authorize the City Manager to execute on-call Professional Services Agreements for the approved term
E. Award of Professional Services Agreement to Robert D. Niehaus, Inc. for a Sewer Rate Study
Recommendation: Approve A RESOLUTION Awarding a Professional Services Agreement to Robert D. Niehaus, Inc. (RDN) in an amount not to exceed $28,320 for preparation of the City’s Sewer Rate Study and authorize the City Manager to execute the agreement and make minor, non-substant modifications approved the City Attorney.

F. Joint Agreement with Community Media Access Partnership (CMAP) for Public, Educational, and Government (PEG) Media Services
Recommendation: Approve a RESOLUTION authorizing a joint Services Agreement between the City of San Juan Bautista, City of Hollister and Community Media Access Partnership (CMAP) for Public, Educational, and Government (PEG) Media Services; and authorize the City Manager to execute the agreement.

G. Public Safety Update
Recommendation: Receive an Update on the Monthly Public Safety statistics for June and July 2026 H. Public Works, Library and Recreation Department Update Page | 3 City Council August 18, 2026
Recommendation: Receive an Update for June and July 2026.

I. Community Development Department Update
Recommendation: Receive an Update for June and July 2026.

J. Approve the Regular Meeting Minutes of May 19, 2026.

K. Approve the Special Meeting Minutes of May 26, 2026.

L. Approve the Special Meeting Minutes of June 16, 2026.

M. Approve the Special Meeting Minutes of August 11, 2026.

7. ACTION
A. Authorization for Design and Constructin of a Downtown Shared Trash, Recycle, and Organics Enclosure on Mariposa Street
Recommendation: Approve a RESOLUTION selecting Mariposa Street as the preferred location for a shared downtown trash, recycling, and organics enclosure; authorizing staff to complete stakeholder outreach, Historic Site and Design Review, Planning Commission review, building permits, and other required approvals; authorizing expenditure not to exceed $100,000 from eligible non-General Fund solid waste and grant revenues; and authorizing the City Manager to execute contracts necessary for project design and construction, subject to all required approvals and available funding.

B. Appointment of Representatives to the Regional Agency Governance and Franchise Review Ad Hoc Committee
Recommendation: Appoint the City Manager and Planning Manager as the City of San Juan Bautista's two representatives to serve on the Regional Agency Governance and Franchise Review Ad Hoc Committee; and authorize their participation in advisory discussions regarding the San Benito County Integrated Waste Management Regional Agency governance structure and future solid waste franchise agreement planning.

C. Historic Resources Board / Planning Commission Vacancy Recommendation: Consider the recommendation of the City Council Ad Hoc Committee and appoint two applicants to the Planning Commission/Historic Resources Board: one to fill the unexpired term ending December 2026 and one to fill the unexpired term ending December 2028.

8. INFORMATIONAL ITEMS AND REPORTS
A. Reports from City Council Representatives to Regional Organizations and Committees B. City Council Announcements
This is an opportunity for the Council to share the community calendar and announce upcoming dates of interest to the public.

9. ADJOURNMENT
________________________
Elizabeth Soto, City Clerk
Page | 4 City Council August 18, 2026

AGENDA MATERIAL / ADDENDUM
Any addenda will be posted not later than 72 hours before regular meetings or 24 hours before special meetings unless otherwise allowed under the Brown Act. City Council reports may be viewed at the City of San Juan Bautista City Hall at 311 Second Street, San Juan Bautista, and are posted on the City website www.san-juanbautistaca.gov subject to Staff’s ability to post the documents before the meeting, or City Clerk Elizabeth Soto at [email protected] or calling (831) 623-4661 during normal business hours.

In compliance with the Americans with Disabilities Act and Govt. Code 54953(a), the City will make reasonable arrangements to ensure accessibility to this meeting. If you need special assistance to participate in this meeting, please contact the City Clerk at least 48 hours prior to the meeting at (831) 623-4661 or (831) 453-8992.

If you challenge any planning or land use decision made at this meeting in court, you may be limited to raising only those issues you or someone else raised at the public hearing held at this meeting, or in written correspondence delivered to the City Council at, or prior to, the public hearing. Please take notice that the time within which to seek judicial review of any final administrative determination reached at this meeting is governed by Section 1094.6 of the California Code of Civil Procedure.

A Closed Session may be called during this meeting pursuant to Government Code §54956.9 (d)(2) if a point has been reached where, in the opinion of the legislative body of the City on the advice of its legal counsel, based on existing facts and circumstances, there is a significant exposure to litigation against the City.

PUBLIC COMMENT PROCEDURES
If you wish to make a public comment and are attending in person, please fill out a speaker card. If you are attending via Zoom, join the Zoom Webinar and use the "Raise Hand," or, if joining by telephone, press *9 on your telephone keypad icon.

SUBMISSION OF PUBLIC COMMENTS
Written comments may be submitted via mail to the City Clerk at City Hall (P.O. Box 1420, San Juan Bautista, CA 95045) or emailed to [email protected] no later than 3:00 p.m. on the day of the meeting. Written comments will be read into the record provided that the reading does not exceed three (3) minutes.

PUBLIC NOTIFICATION
This agenda was posted on Friday, August 14, 2026, on the bulletin board at City Hall, 311 Second Street; the bulletin board at the City Library, 801 Second Street; the bulletin board at the entrance to the United States Post Office, 301 The Alameda; and the City’s website. Meetings are streamed live on YouTube at https://www.youtube.com/@cityofsanjuanbautista4658.

San Juan Bautista
California
~ National Breastfeeding Month 2026 ~
WHEREAS, breastfeeding plays an important role in supporting the health and well-being of infants, children, mothers, and families, and provides essential nutrition that adapts to meet the changing needs of a growing child; and
WHEREAS, breastfeeding is associated with important health benefits for both infants and mothers and can help establish a strong foundation for lifelong health and wellness; and WHEREAS, breastfeeding can strengthen the bond between a parent and child while providing comfort, nourishment, and connection during a critical period of growth and development; and WHEREAS, access to accurate information, quality health care, supportive workplaces, and welcoming communities can help families make informed decisions and achieve their individual breastfeeding goals; and
WHEREAS, employers who provide reasonable accommodations and lactation support help create healthy, family-friendly workplaces and enable employees to successfully balance work and family responsibilities; and
WHEREAS, breastfeeding also provides a safe and readily available source of nutrition during emergencies and natural disasters when access to clean water, electricity, or other resources may be limited; and
WHEREAS, National Breastfeeding Month is observed each August to raise awareness of the importance of breastfeeding support and to encourage communities, health care providers, employers, policymakers, and families to work together to reduce barriers and promote equitable access to breastfeeding resources; and
WHEREAS, the City of San Juan Bautista recognizes the importance of supporting parents and families in creating a healthy start for children and fostering a community in which all families are respected and supported in their infant-feeding choices.

NOW, THEREFORE, I, Mayor Jordan, on behalf of the San Juan Bautista City Council, do hereby recognize August 2026 as National Breastfeeding Month and encourage residents, businesses, health care providers, and community organizations to support breastfeeding families and promote environments that help parents and children thrive.

Dated this 16th day of June 2026.
___________________________________
Leslie Q. Jordan, Mayor
San Juan Bautista
California
~ National Breastfeeding Month 2026 ~
WHEREAS, breastfeeding plays an important role in supporting the health and well-being of infants, children, mothers, and families, and provides essential nutrition that adapts to meet the changing needs of a growing child; and
WHEREAS, breastfeeding is associated with important health benefits for both infants and mothers and can help establish a strong foundation for lifelong health and wellness; and WHEREAS, breastfeeding can strengthen the bond between a parent and child while providing comfort, nourishment, and connection during a critical period of growth and development; and WHEREAS, access to accurate information, quality health care, supportive workplaces, and welcoming communities can help families make informed decisions and achieve their individual breastfeeding goals; and
WHEREAS, employers who provide reasonable accommodations and lactation support help create healthy, family-friendly workplaces and enable employees to successfully balance work and family responsibilities; and
WHEREAS, breastfeeding also provides a safe and readily available source of nutrition during emergencies and natural disasters when access to clean water, electricity, or other resources may be limited; and
WHEREAS, National Breastfeeding Month is observed each August to raise awareness of the importance of breastfeeding support and to encourage communities, health care providers, employers, policymakers, and families to work together to reduce barriers and promote equitable access to breastfeeding resources; and
WHEREAS, the City of San Juan Bautista recognizes the importance of supporting parents and families in creating a healthy start for children and fostering a community in which all families are respected and supported in their infant-feeding choices.

Dated this 16th day of June 2026.
___________________________________
Leslie Q. Jordan, Mayor
Item No.: 5.A
City Council Meeting
August 18, 2026
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CITY OF SAN JUAN BAUTISTA

CITY COUNCIL STAFF REPORT
DATE: AUGUST 18, 2026
DEPARTMENT: CITY MANAGER
FROM: ASHLEY COLLICK, CITY MANAGER
BY: ARIELLE GOODSPEED, PLANNING MANAGER
TITLE: APPROVE A RESOLUTION FOR THE RECOLOGY ANNUAL

RATE ADJUSTMENT AND MAXIMUM ALLOWABLE SOLID
WASTE COLLECTION RATES.

RECOMMENDED MOTION:

Hold a Public Hearing and adopt a Resolution approving the annual adjustment and establishing the maximum allowable solid waste collection rates, effective July 1, 2026, as set forth in the resolution.

RECOMMENDATION:

Staff recommends that the City Council:

1. Accept public input and testimony regarding the proposed annual adjustment to the maximum allowable solid waste collection rates, effective July 1, 2026; and

2. Adopt a Resolution approving the annual adjustment and establishing the maximum allowable solid waste collection rates as set forth in the resolution.

EXECUTIVE SUMMARY:

Recology San Benito County submitted its annual rate adjustment application on March 23, 2026.

Integrated Waste Management (IWM) staff and the San Benito County Integrated Waste Management Regional Agency's consultant, R3 Consulting Group, reviewed the application.

Following review and requested revisions, the application was finalized on April 22, 2026, and the proposed rates were determined to be consistent with the Franchise Agreement's rate-setting methodology.

For the July 1, 2026 annual rate adjustment, the proposed maximum allowable rates reflect an average increase of approximately 0.5 percent across service categories. The proposed five-year maximum rate schedule establishes annual maximum allowable rate adjustments of up to 5 percent in subsequent years. Actual rates charged to customers may be lower than the maximum rates identified in the notice.

Page | 2
The proposed rates support collection, recycling, organics, disposal, education, and compliance programs needed for the Regional Agency members the County of San Benito, the City of Hollister, and the City of San Juan Bautista to meet state solid waste and recycling mandates, including AB 939, AB 341, AB 1826, and SB 1383.

BACKGROUND:

Pursuant to Article 9 and Attachment E (Contractor Compensation and Rate Setting) of the Franchise Agreement, Recology is entitled to an annual rate adjustment based on an index-based methodology that accounts for year-over-year changes in the Consumer Price Index (CPI), fuel costs, disposal costs, and processing costs.

Each Regional Agency member is required to conduct a public hearing process to consider the proposed maximum allowable rates within its respective jurisdiction. In accordance with Proposition 218, notices will be mailed to affected property owners and customers at least 45 days prior to the public hearing. The notice includes the proposed maximum rates for Fiscal Year 2026- 27 and identifies the proposed maximum rate schedule for a five-year period.

Establishing a multi-year maximum rate schedule reduces administrative costs associated with conducting annual rate-setting hearings while maintaining the City Council's ability to modify rates in the future, if necessary. Future adjustments exceeding the established maximum rate schedule, or modifications to the maximum allowable rates, may require additional City Council action and compliance with applicable public hearing requirements.

DISCUSSION:

Proposed Annual Rate Adjustment and Maximum Rates
The proposed maximum allowable rates for Fiscal Year 2026-27 reflect an average increase of approximately 0.5 percent across service categories and would become effective July 1, 2026, if approved. The proposed multi-year maximum rate schedule allows annual maximum allowable rate adjustments of up to 5 percent in subsequent years. Actual customer rates may be lower than the established maximum rates, and the maximum rates remain subject to future City Council action and any amended or successor Franchise Agreement.

Public Hearing and Proposition 218 Process
At the public hearing, interested persons may provide written or verbal comments for consideration by the City Council. Consistent with Proposition 218 requirements, only written protests submitted by property owners are counted toward determining whether a majority protest exists. The Council may also consider comments, correspondence, and input submitted by tenants responsible for paying solid waste service charges.

At the conclusion of the public hearing, the Clerk will tally and report qualifying written protests submitted by property owners. In accordance with Article XIII D, Section 6 of the California Item No.: 5.A
City Council Meeting
August 18, 2026
Page | 3
Constitution, a majority protest exists if written protests against the proposed fee or charge are presented by a majority of owners of the identified parcels. If a majority protest is not received, the City Council may adopt the proposed solid waste collection rates. If a majority protest is received, the City Council may not approve the proposed rate increase.

Services Supported by the Rates
The proposed rates fund services authorized under the Franchise Agreement, including:
• Garbage collection and disposal;
• Recycling collection and processing;
• Organics collection and processing;
• Residential bulky-item collection;
• Compost giveaway programs;
• Environmental collection events;
• Document shredding and landfill collection events; and • Public outreach and education.

These services support the Regional Agency's compliance with state regulatory requirements and provide environmental benefits to residents and businesses throughout San Benito County.

Ratepayer Notification and Low-Income Program
If approved, the Fiscal Year 2026-27 rates will become effective July 1, 2026. Recology will provide annual courtesy notification to ratepayers on their invoice on or before June 1 of each year, and rate information will be made available on both the County's and Recology's websites. The rate tables included in the notice identify the most common residential and commercial service levels.

Recology offers discounted residential solid waste collection rates to qualifying residential customers receiving 20-gallon or 32-gallon garbage service. To be eligible, customers must demonstrate enrollment in PG&E's California Alternate Rates for Energy (CARE) Program, AT&T's Lifeline Program, or a comparable income-qualified assistance program. Eligible residents may contact Recology Customer Service at (831) 636-7500 for eligibility requirements and enrollment information.

San Benito County Integrated Waste Management Regional Agency The San Benito County Integrated Waste Management Regional Agency was established through the Joint Powers Integrated Waste Management Agreement adopted in 1995 by the County of San Benito, the City of Hollister, and the City of San Juan Bautista. The County serves as the Lead Agency and administers the Regional Agency's integrated waste management programs on behalf of its member jurisdictions. County staff administer the solid waste franchise agreement with Recology San Benito County, coordinate compliance with state waste reduction and recycling mandates, and support the member jurisdictions in matters related to solid waste collection services and rate administration.

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CEQA REQUIREMENT:

The proposed annual adjustment to the maximum allowable solid waste collection rates is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15273 because the rates are established for the purpose of meeting operating expenses, purchasing supplies, equipment, and materials, and recovering the costs of providing solid waste collection and related services. In addition, the City Council's adoption of the maximum allowable solid waste collection rates constitutes an administrative and fiscal activity that is not a project pursuant to CEQA Guidelines Section 15378(b)(4).

FISCAL IMPACT:

The proposed annual adjustment to the maximum allowable solid waste collection rates is intended to ensure that rates remain sufficient to support the costs of providing solid waste collection, recycling, organics processing, disposal, education, outreach, and regulatory compliance services under the City’s franchise agreement with Recology San Benito County.

For Fiscal Year 2026-27, the proposed maximum allowable rates reflect an average increase of approximately 0.5 percent across service categories. The proposed multi-year maximum rate schedule would allow annual maximum rate adjustments of up to 5 percent in subsequent years, although actual rates charged to customers may be lower than the established maximum rates.

Actual fiscal impacts to ratepayers will depend on the type and level of solid waste service received and the rates ultimately charged by Recology. The proposed rates are intended to provide sufficient revenue to fund services authorized under the Franchise Agreement, including garbage collection and disposal, recycling and organics collection and processing, residential bulky-item collection, environmental collection events, document shredding, landfill collection events, and public outreach and education.

The updated rate schedule is expected to support the long-term financial sustainability of the solid waste collection system and provide for the equitable allocation of service costs to customers receiving solid waste services. Recology also offers discounted residential rates to qualifying customers enrolled in certain income-qualified assistance programs, helping provide rate relief to eligible low-income households.

ATTACHMENTS:

1. Resolution

2. Recology Franchise Agreement

3. Notice of Public Hearing
Item No. 5.A
City Council meeting
August 18, 2026
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RESOLUTION NO. 2026-xx

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN BAUTISTA

APPROVING THE ANNUAL SOLID WASTE COLLECTION RATE ADJUSTMENT

AND ESTABLISHING THE MAXIMUM ALLOWABLE SOLID WASTE

COLLECTION RATES AS SET FORTH IN THE NOTICE OF PUBLIC HEARING WHEREAS, a Franchise Agreement with Recology San Benito County was approved by the City Council, which commenced on November 1, 2018, and includes provisions for a contractually obligated annual rate adjustment process; and WHEREAS, Article 9 (Contractor’s Compensation and Rate Setting), Section 9.2, and Attachment E (Contractor’s Compensation and Rate Setting) of the Franchise Agreement establish the methodology for calculating the annual rate adjustment; and WHEREAS, the Franchise Agreement includes programs and improvements to meet state mandates AB 939, AB 341, AB 1826, and SB 1383 and other mandates, and the solid waste rates pay for the collection and disposal of garbage; collection and processing of recyclables, organics (yard waste and food scraps), curbside bulky item collection, free compost giveaway events, free electronic waste collection, Environmental Day events, recycling staff, free quarterly recycling/bulky collection events and seasonal recycling programs to meet state waste reduction mandates; and
WHEREAS, the approved Franchise Agreement includes a contractually obligated annual rate adjustment using a prescribed index-based methodology, where the rate adjustment is based on the consumer price index (CPI) and fuel index, and includes disposal and processing costs to determine solid waste collection rates; and
WHEREAS, the annual rate adjustment process requires Recology San Benito County to submit an application for a rate adjustment on or before April 1 preceding the increase, and such an application was reviewed by staff and the Regional Agency's consultant, R3 Consulting Group, and determined to be consistent with the Franchise Agreement; and WHEREAS, per the Franchise Agreement, the rate adjustment is to go into effect on July 1st following the application; and
WHEREAS, the City Council is following the noticing procedure for the annual rate adjustment set forth in Article XIIID § 6 of the California Constitution and in accordance with Proposition 218; and
WHEREAS, the proposed maximum solid waste rates are included in the Notice of Public Hearing and this notice was included in the August 18, 2026, City Council Agenda and Staff Report; and
WHEREAS, the Notice of Public Hearing was mailed to property owners and ratepayers within the city on June 16, 2026; and
Item No. 5.A
City Council meeting
August 18, 2026
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WHEREAS, the Notice of Public Hearing identifies the proposed maximum allowable solid waste collection rates for Fiscal Years 2026-27 through 2030-31, with annual adjustments to be implemented in accordance with the Franchise Agreement, provided such adjustments do not exceed the maximum allowable rates identified in the Notice of Public Hearing; and WHEREAS, the proposed multi-year maximum allowable rate schedule establishes annual maximum allowable rate adjustments of up to five percent (5%); actual rates charged to ratepayers may be lower than the maximum allowable rates approved by this Resolution; and WHEREAS, pursuant to the Franchise Agreement and Attachment E thereof, annual rates implemented under the maximum allowable rate schedule shall become effective on July 1 of each year; and
WHEREAS, Recology has indicated it intends to provide customers with advance notice of annual rate adjustments through its billing statements.

WHEREAS, the City Council held a public hearing on August 18, 2026, to consider the proposed solid waste collection rates and to receive and consider any protests received; and at the public hearing, the City Council heard and received all oral and written testimony and evidence that was made, presented, or filed, and all persons present at the hearing were given ample opportunity to hear and be heard with respect to any matter related to the solid waste collection rates; and
WHEREAS, at the conclusion of public testimony, the City Council closed the public hearing, and there was a tally of protests to determine if there is a majority protest which is 50% plus one, and it was determined that there was not a majority protest.

NOW, THEREFORE, BE IT RESOLVED, by the City Council of San Juan Bautista, that it hereby finds and determines as follows:

In accordance with Article XIIID §6 of the California Constitution:

1. The revenues derived from the Solid Waste Rates will not exceed the funds required to provide solid waste collection services.

2. The revenues derived from the Solid Waste Rates will not be used for any purpose other than providing solid waste collection services.

3. The Solid Waste Rate charged will not exceed the proportional cost of solid waste collection per parcel.

4. Any surplus monies collected from the Solid Waste Rates will be used to offset future solid waste collection service costs.

5. The Solid Waste Rate is only charged for solid waste collection services.

BE IT FURTHER RESOLVED, that the City Council of San Juan Bautista hereby approves the Fiscal Year 2026-27 solid waste collection rates and establishes the maximum allowable solid waste collection rates for Fiscal Years 2026-27 through 2030-31, as set forth in the Notice of Public Hearing.

Item No. 5.A
City Council meeting
August 18, 2026
Page | 3
PASSED AND APPROVED by the City Council of the City of San Juan Bautista on this 18th day of August 2026, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:
____________________
Leslie Q. Jordan, Mayor
ATTEST:
______________________
Elizabeth Soto, City Clerk
APPROVED AS TO FORM:
_______________________
Jon R. Giffen, City Attorney

FRANCHISE AGREEMENT

BETWEEN

HOLLISTER, SAN JUAN BAUTISTA AND THE COUNTY OF SAN BENITO,

RESPECTIVELY
AND

RECOLOGY SOUTH VALLEY DBA RECOLOGY SAN BENITO COUNTY
FOR

RECYCLABLES, ORGANICS, AND SOLID WASTE COLLECTION

SERVICES
NOVEMBER 1, 2018
i

TABLE OF CONTENTS
ARTICLE 1: DEFINITIONS 2

1.1 DEFINITIONS 2
ARTICLE 2: REPRESENTATIONS AND WARRANTIES 3

2.1 CONTRACTOR’S CORPORATE STATUS 3

2.2 CONTRACTOR’S CORPORATE AUTHORIZATION 3

2.3 AGREEMENT WILL NOT CAUSE BREACH 3

2.4 NO LITIGATION 3

2.5 NO ADVERSE JUDICIAL DECISIONS 4

2.6 NO LEGAL PROHIBITION 4

2.7 CONTRACTOR’S ABILITY TO PERFORM 4

2.8 CONTRACTOR’S INVESTIGATION 4

2.9 STATEMENTS AND INFORMATION IN PROPOSAL 4
ARTICLE 3: GRANT AND ACCEPTANCE OF FRANCHISE 5

3.1 GRANT AND ACCEPTANCE OF FRANCHISE 5

3.2 LIMITATIONS TO THE FRANCHISE 5

3.3 OBLIGATIONS OF PARTIES 7

3.4 REIMBURSEMENT OF EXECUTION OF AGREEMENT 7
ARTICLE 4: TERM OF AGREEMENT 8

4.1 TERM 8

4.2 EXTENSION OF TERM 8
ARTICLE 5: SCOPE OF COLLECTION SERVICES 8

5.1 SUMMARY SCOPE OF SERVICES 8

5.2 USE OF APPROVED FACILITIES 10

5.3 SUBCONTRACTING 10

5.4 RESPONSIBILITY FOR MATERIALS 10

5.5 AGENCY-DIRECTED CHANGES TO SCOPE 11

5.6 SOLID WASTE 11

5.7 RECYCLABLEMATERIALS 11

5.8 ORGANIC MATERIALS 13

5.9 BULKY ITEMS AND REUSABLE MATERIALS 14

5.10 RA MEMBER SERVICES 14

5.11 PUBLIC EDUCATION AND OUTREACH 18

5.12 DIVERSION REQUIREMENTS 19

5.13 ENVIRONMENTAL ENHANCEMENTS 21
ARTICLE 6: REQUIREMENTS FOR OPERATIONS, EQUIPMENT AND PERSONNEL 22

6.1 GENERAL 22
ii

6.2 OPERATING HOURS AND SCHEDULES 22

6.3 COLLECTION STANDARDS 23

6.4 VEHICLE REQUIREMENTS 24

6.5 CONTAINER REQUIREMENTS 26

6.6 PERSONNEL 27

6.7 HAZARDOUS WASTE INSPECTION AND HANDLING 27

6.8 REGIONAL AGENCY CONTRACT MANAGER 28

6.9 ENVIRONMENTALLY-PREFERRABLE PURCHASING 29

6.10 LOCAL PURCHASING PREFERENCE 29
ARTICLE 7: BILLING, CUSTOMER SERVICE, RECORD KEEPING, AND REPORTING 30

7.1 BILLING SERVICES 30

7.2 CUSTOMER SERVICE 33

7.3 RECORD KEEPING AND REPORTING 34

7.4 INSPECTION BY REGIONAL AGENCY; PERFORMANCE REVIEWS 35 ARTICLE 8: FRANCHISE FEES AND OTHER FEES 36

8.1 FRANCHISE FEE 36

8.2 AB 939 FEE AND OTHER STATUTORY FEES 36

8.3 HHW FEE 37

8.4 LITTER ABATEMENT FEE 37

8.5 ADJUSTMENT TO FEES 37

8.6 PAYMENT SCHEDULE AND LATE FEES 37
ARTICLE 9: CONTRACTOR'S COMPENSATION AND RATE SETTING 38

9.1 GENERAL 38

9.2 RATES AND ANNUAL ADJUSTMENTS 38

9.3 EXTRAORDINARY RATE ADJUSTMENTS 39

9.4 PERFORMANCE INCENTIVES AND DISINCENTIVES 40
ARTICLE 10: INDEMNIFICATION, INSURANCE AND PERFORMANCE BOND 40

10.1 INDEMNIFICATION 40

10.2 INSURANCE 43

10.3 PERFORMANCE BOND 48
ARTICLE 11: DEFAULT AND REMEDIES 48

11.1 EVENTS OF DEFAULT 48

11.2 RIGHT TO TERMINATE UPON EVENT OF DEFAULT 50

11.3 RA MEMBER’S REMEDIES IN THE EVENT OF DEFAULT 50

11.4 POSSESSION OF RECORDS UPON TERMINATION 51

11.5 RA MEMBER’S REMEDIES CUMULATIVE; SPECIFIC PERFORMANCE 51

11.6 PERFORMANCE STANDARDS AND LIQUIDATED DAMAGES 52

11.7 EXCUSE FROM PERFORMANCE 54

11.8 RIGHT TO DEMAND ASSURANCES OF PERFORMANCE 54
iii
ARTICLE 12: OTHER AGREEMENTS OF THE PARTIES 55

12.1 RELATIONSHIP OF PARTIES 55

12.2 COMPLIANCE WITH LAW 55

12.3 GOVERNING LAW 55

12.4 JURISDICTION 56

12.5 BINDING ON SUCCESSORS 56

12.6 ASSIGNMENT 56

12.7 NO THIRD PARTY BENEFICIARIES 58

12.8 WAIVER 58

12.9 NOTICE PROCEDURES 58

12.10 REPRESENTATIVES OF THE PARTIES 59
ARTICLE 13: MISCELLANEOUS AGREEMENTS 60

13.1 ENTIRE AGREEMENT 60

13.2 SECTION HEADINGS 60

13.3 REFERENCES TO LAWS 61

13.4 AMENDMENTS 61

13.5 SEVERABILITY 61

13.6 COUNTERPARTS 61

13.7 ATTACHMENTS 61
iv

LIST OF ATTACHMENTS
A. Definitions
B. Scope of Services – Details
B1. Single-Family Residential Services
B2. Multi-Family Residential Services
B3. Commercial Services
B4. RA Member Services
B5. RA Member Facility Service Levels and Locations
B6. RA Member Public Location Service Levels
B7. RA Member Community Events Schedule
B8. Public Education and Outreach Requirements
C. Joint Powers Integrated Waste Management Agreement (1995) and San Benito County Integrated Waste Management Regional Agency Cost Sharing Agreement (2006) D. Reporting Requirements
E. Contractor’s Compensation and Rate Setting
F. Contractor Operational Details
F1. Technical Proposal (Revised Sections 1-2 from Proposal Dated November 14, 2017) F2. Cost Basis for Proposal (Final Cost Forms 1.0 to 1.9) F3. Maximum Allowable Rates for Collection Services for Rate Year 1 (Modified Final Cost Forms

2.1, 2.2, 2.3, 2.4.A, 2.5.A, 2.6.A, 2.7, 2.8, and 2.9)
F4. Implementation Plan and Schedule
F5. Approved Subcontractors
F6. Commercial Recycling and Organics Outreach Plan
G. Performance Standards and Liquidated Damages
H. Performance Incentives and Disincentives
I. Performance Bond
J. Guaranty
K. Contractor’s Environmentally Preferable Purchasing Policy L. County Code Title 15, Chapter 15.01, Article 3, Section 15.01.040 Solid Waste Collection M. Corporate Secretary’s Certificate
1 1 FRANCHISE AGREEMENT
2 THIS FRANCHISE AGREEMENT is made and entered into as of November 1, 2018, between the City of 3 Hollister, the City of San Juan Bautista and the County of San Benito, (hereinafter referred to collectively 4 as the “RA Members” or individually as “RA Member”), and (Recology South Valley dba Recology San 5 Benito County), (hereinafter referred to as the "Contractor"). 6 The text of this AGREEMENT constitutes three separate Agreements entered into between (1) the 7 Contractor named on the signature page of this Agreement and (2) each of the following public entities, 8 which are the members of the San Benito County Integrated Waste Management Regional Agency: City 9 of Hollister, California, City of San Juan Bautista, California, and County of San Benito, California. 10 RECITALS
11 This Agreement is entered into with reference to the following facts and circumstances (Unless 12 otherwise defined, capitalized terms shall have the meanings set forth in Attachment A):
13 WHEREAS; the Legislature of the State of California, by enactment of the California Integrated Waste 14 Management Act of 1989 (“Act”) (California Public Resources Code Section 40000 et seq.), has declared 15 that it is in the public interest to authorize and require local agencies to make adequate provisions for 16 Solid Waste Collection within their jurisdiction;
17 WHEREAS; the State of California has found and declared that the amount of refuse generated in 18 California, coupled with diminishing Disposal capacity and potential adverse environmental impacts 19 from landfilling and the need to conserve natural resources, have created an urgent need for State and 20 local agencies to enact and implement an aggressive integrated waste management program. The State 21 has, through enactment of the Act and subsequent related legislation including, but not limited to AB 22 341, the AB 1826, (AB 2176, and SB 1016 (Chapter 343, Statutes of 2008 [Wiggins, SB 1016]), directed 23 the responsible State agency, and all local agencies, to promote Diversion and to maximize the use of 24 feasible waste reduction, reuse, Recycling, and Composting options in order to reduce the amount of 25 refuse that must be Disposed;
26 WHEREAS; the State of California has also authorized cities and counties to become regional agencies 27 for purposes of complying with AB 939. The RA Members united as a single San Benito County 28 Integrated Waste Management Agency (the "Regional Agency") and entered into a Joint Powers 29 Integrated Waste Management Agreement (the "JP IWM Agreement") that provides, among other 30 matters, for the Regional Agency to:
31  Reduce the amount of solid waste disposed of in permitted disposal facilities 32  Compile information from each RA Member for required AB 939 reports 33  Manage landfill operations which recover materials from the waste stream for diversion into the 34 recycling market
35  Determine diversion as though the RA Members were one entity. 2 36 WHEREAS; as of the date each RA Member signs this Agreement, it intends that San Benito County, 37 which administers the JP IWM Agreement, will administer this Agreement, although each RA Member 38 has a right to subsequently designate an alternative person to administer this Agreement for its agency. 39 WHEREAS; pursuant to California Public Resources Code Section 40059(a)(2), the RA Members have 40 determined that the public health, safety, and well-being require that an exclusive right be awarded to a 41 qualified Contractor to provide for the Collection of Solid Waste, Recyclable Materials, and Organic 42 Materials, and other services related to meeting the RA Members and Regional Agency’s integrated 43 waste management goals;
44 WHEREAS; the RA Members further declare their intent to approve and maintain reasonable rates for 45 the Collection, Recycling, Processing, Composting, and/or Disposal of Solid Waste, Recyclable Materials, 46 and Organic Materials; and,
47 WHEREAS; the RA Members desire, having determined that Contractor, by demonstrated experience, 48 reputation and capacity is qualified to provide for both the Collection of Solid Waste, Recyclables 49 Materials, and Organic Materials within the service area of the Regional Agency and the Transportation 50 of such material to appropriate places of Processing, Recycling, Composting, and/or Disposal, that 51 Contractor be engaged to perform such services on the basis set forth in this Agreement. 52 WHEREAS; the RA Members and Contractor have attempted to address conditions affecting their 53 performance of services under this Agreement but recognize that reasonably unanticipated conditions 54 may occur during the term of this Agreement that will require the parties to meet and confer to 55 reasonably respond to such changed conditions;
56 NOW, THEREFORE, in consideration of the mutual promises, covenants, and conditions contained in this 57 Agreement and for other good and valuable consideration, the Parties agree as follows:
58 ARTICLE 1: DEFINITIONS
59 1.1 DEFINITIONS
60 Unless defined elsewhere in this Agreement, capitalized terms used in this Agreement shall have the 61 meanings set forth in the definitions contained in Attachment A. The definitions set forth in Attachment 62 A shall govern the interpretation of this Agreement. 3 63 ARTICLE 2: REPRESENTATIONS AND WARRANTIES
64 The Parties, by acceptance of this Agreement, represent and warrant the conditions presented in this 65 Article.
66 2.1 CONTRACTOR’S CORPORATE STATUS
67 Contractor is a corporation duly organized, validly existing and in good standing under the laws of the 68 State of California. It is qualified to transact business in California and has the power to own its 69 properties and to carry on its business as now owned and operated and as required by this Agreement. 70 2.2 CONTRACTOR’S CORPORATE AUTHORIZATION
71 Contractor has the authority to enter this Agreement and perform its obligations under this Agreement. 72 The Board of Directors of Contractor (or the shareholders, if necessary) has taken all actions required by 73 law, its articles of incorporation, its bylaws, or otherwise, to authorize the execution of this Agreement. 74 The Person signing this Agreement on behalf of Contractor represents and warrants that they have 75 authority to do so, as confirmed by the Corporate Secretary’s Certificate in Attachment M. This 76 Agreement constitutes the legal, valid, and binding obligation of the Contractor. 77 2.3 AGREEMENT WILL NOT CAUSE BREACH
78 To the best of Contractor's and RA Members’ knowledge after reasonable investigation, the execution or 79 delivery of this Agreement or the performance by either Party of their obligations hereunder does not 80 conflict with, violate, or result in a breach: (i) of any Applicable Law; or, (ii) any term or condition of any 81 judgment, order, or decree of any court, administrative agency or other governmental authority, or any 82 agreement or instrument to which Contractor or any RA Member is a party or by which Contractor or 83 any of its properties or assets are bound, or constitutes a default hereunder. 84 2.4 NO LITIGATION
85 To the best of Contractor's and RA Members’ knowledge after reasonable investigation, there is no 86 action, suit, proceeding or investigation, at law or in equity, before or by any court or governmental 87 authority, commission, board, agency or instrumentality decided, pending or threatened against any 88 Party wherein an unfavorable decision, ruling or finding, in any single case or in the aggregate, would:
89  Materially adversely affect the performance by Party of its obligations hereunder; 90  Adversely affect the validity or enforceability of this Agreement; or, 91  Have a material adverse effect on the financial condition of Contractor, or any surety or entity 92 guaranteeing Contractor's performance under this Agreement. 4 93 2.5 NO ADVERSE JUDICIAL DECISIONS
94 To the best of Contractor’s and RA Member’s knowledge after reasonable investigation, there is no 95 judicial decision that would prohibit this Agreement or subject this Agreement to legal challenge. 96 2.6 NO LEGAL PROHIBITION
97 To the best of each Party’s knowledge, after reasonable investigation, there is no Applicable Law in 98 effect on the date that Party signed this Agreement that would prohibit the performance of either their 99 obligations under this Agreement and the transactions contemplated hereby. 100 2.7 CONTRACTOR’S ABILITY TO PERFORM
101 Contractor possesses the business, professional, and technical expertise to perform all services, 102 obligations, and duties as described in and required by this Agreement including all attachments 103 thereto. Contractor possesses the ability to secure equipment, facility, and employee resources 104 required to perform its obligations under this Agreement. 105 2.8 CONTRACTOR’S INVESTIGATION
106 Contractor has made an independent investigation and analysis, the results of which are satisfactory to 107 Contractor, of the conditions and circumstances surrounding the Agreement, its content and 108 preparation, and the work to be performed by Contractor under the Agreement. The Agreement 109 accurately and fairly represents the intentions of Contractor, and Contractor enters into this Agreement 110 on the basis of that independent investigation and analysis. 111 2.9 STATEMENTS AND INFORMATION IN PROPOSAL
112 The Contractor’s Proposal and supplementary information submitted by Contractor to the RA Members 113 for the work to be performed by Contractor under the Agreement do not contain any untrue statement 114 of a material fact nor omit any material facts relevant to the ability of Contractor to perform the work 115 under the Agreement.
116
5 117 ARTICLE 3: GRANT AND ACCEPTANCE OF FRANCHISE
118 3.1 GRANT AND ACCEPTANCE OF FRANCHISE
119 By the signing of this Agreement, RA Members grant to Contractor and Contractor accepts an exclusive 120 franchise within the Regional Agency Service Area. The franchise granted to Contractor shall be for the 121 scope of services described in Article 5 and Attachment B of this Agreement, subject to the limitations 122 described in Section 3.2 and except where otherwise precluded by Federal, State, and local laws and 123 regulations.
124 3.2 LIMITATIONS TO THE FRANCHISE
125 The award of this Agreement shall not preclude the categories of Solid Waste, Recyclable Materials, 126 Construction and Demolition Debris (C&D) and Organic Materials listed below from being delivered to 127 and Collected and transported by others provided that nothing in this Agreement is intended to or shall 128 be construed to excuse any Person from obtaining any authorization from RA Members which is 129 otherwise required by law:
130 A. Recyclable and Organic Materials. Other Persons shall maintain the right to accept Source 131 Separated Recyclable Materials and Source Separated Organic Materials provided that 132 such Person paid the service recipient for materials, so long as there is no net payment of 133 any type made by the service recipient to such other Person including, without limitation, 134 for rental of collection or storage containers, loading or transporting of materials, and/or 135 Disposal;
136 B. Self-Hauled Materials. A Commercial business Owner or resident of a Residential Property 137 may Dispose of Solid Waste, Recyclable Materials, and Compostable Materials generated 138 in or on their own Premises with their own vehicle; 139 C. Donated Materials. Any items which Source Separated at any Premises by the Generator 140 are and donated to youth, civic, or charitable organizations; 141 D. Beverage Containers. Containers delivered for Recycling under the California Beverage 142 Container Recycling and Litter Reduction Act, Section 14500, et seq. California Public 143 Resources Code;
144 E. Materials Removed by Customer’s Contractor as Incidental Part of Services. Solid Waste, 145 Recyclable Materials, Compostable Materials, and/or C&D removed from a Premise by a 146 contractor (e.g., gardener, landscaper, tree-trimming service, construction contractor, 147 Residential clean-out service) using contractor’s own vehicle, equipment, and employee(s) 6 148 as an incidental part of the total service offered by that contractor, rather than as a 149 hauling service;
150 F. Source Separated E-Waste and Source Separated Universal Waste. Discarded electronic 151 equipment and Universal Waste including, but not limited to, televisions, computer 152 monitors, central processing units (CPUs), laptop computers, computer peripherals 153 (including external hard drives, keyboards, scanners, and mice), printers, copiers, facsimile 154 machines, radios, stereos, stereo speakers, VCRs, DVDs, camcorders, microwaves, 155 telephones, cellular telephones, and other electronic devices. 156 “Universal Waste” means all wastes defined by Title 22, Subsections 66273.1 through 157 66273.9 of the California Code of Regulations or successor regulations. These include, but 158 are not limited to, Household Batteries, fluorescent light bulbs, mercury switches, and E159 Waste; 160 G. Animal, Grease Waste, and Used Cooking Oil. Animal waste and remains from 161 slaughterhouse or butcher shops, grease, or used cooking oil; 162 H. Sewage Treatment By-Product. By-products of sewage treatment, including sludge, 163 sludge ash, grit, and screenings;
164 I. Excluded Waste. Excluded Waste regardless of its source and as defined in Attachment A; 165 J. Materials Generated by State, County, and Federal Facilities. Materials generated by 166 State, and Federal facilities located in the Service Area provided that the Generator has 167 arranged services with other Persons or has arranged services with the Contractor 168 through a separate agreement;
169 K. Other Recyclables. Collection and processing of any recyclable materials not specifically 170 included in the definition of Recyclables;
171 L. C&D. C&D loads hauled by any Person or company licensed, permitted, franchised or 172 otherwise authorized by the RA Member to perform such activity. Such C&D loads shall 173 also be source separated and not include more than ten (10) percent by weight or volume 174 of solid waste; and
175 M. Drop Box Service for Disposal. A Commercial business Owner or resident of a Residential 176 Property may utilize the services of any non-franchise hauler for Drop Box service for the 177 Disposal of Solid Waste.
178 Contractor acknowledges and agrees that RA Members may permit other Persons besides the 179 Contractor to Collect any and all types of materials excluded from the scope of this Franchise, as set 180 forth above, without seeking or obtaining approval of Contractor. If Contractor can produce evidence 181 that other Persons are servicing Containers or are Collecting and Transporting Solid Waste, Recyclable 7 182 Materials, and Organic Materials (collectively “Franchised Materials”) in a manner that is not consistent 183 with this Agreement or the RA Member’s Municipal Code, it shall report the location, the name and 184 phone number of the Person or company to the Regional Agency Contract Manager along with 185 Contractor’s evidence. In such case, the Regional Agency Contract Manager may notify the Generator 186 and Person providing service of Contractor’s rights under this Agreement. 187 This Agreement and scope of this franchise shall be interpreted to be consistent with Applicable Law, 188 now and during the Term of the Agreement. If future judicial interpretations of current law or new laws, 189 regulations, or judicial interpretations limit the ability of the RA Member to lawfully contract for the 190 scope of services in the manner and consistent with all provisions as specifically set forth herein, 191 Contractor agrees that the scope of the Agreement will be limited to those services and materials which 192 may be lawfully included herein and that the RA Member shall not be responsible for any lost profits or 193 losses claimed by Contractor to arise out of limitations to the scope or provisions of the Agreement set 194 forth herein. In such an event, it shall be the responsibility of Contractor to minimize the financial 195 impact of such future judicial interpretations or new laws and the Contractor may meet and confer with 196 RA Members and may petition for a Rate adjustment pursuant to Section 9.3. 197 3.3 OBLIGATIONS OF PARTIES
198 In addition to the specific performance required under the Agreement, RA Members and Contractor 199 shall:
200 1. Use their reasonable commercial efforts to enforce the exclusiveness of the franchise by the 201 Contractor’s identification and documentation of violations of the Agreement and the RA Member’s 202 notification of Generators and collection companies reasonably believed to be collecting allowing others 203 to collect Franchised Materials in a manner that is inconsistent with the terms of this Agreement. 204 2. Provide timely notice to one another of a perceived failure to perform any obligations under this 205 Agreement and access to information demonstrating the Party’s failure to perform. 206 3. Provide timely access to the Regional Agency Contract Manager and the Contractor’s designated 207 representative and complete and timely responses to requests of the other Party. 208 4. Provide timely notice of matters which may affect either Party’s ability to perform under the 209 Agreement.
210 3.4 REIMBURSEMENT OF EXECUTION OF AGREEMENT
211 Contractor shall pay to the County up to eighty-five thousand dollars ($85,000) to offset County’s costs, 212 on behalf of the RA Members, in evaluating solid waste collection service currently being provided to 213 Service Area, to develop this Agreement, and to negotiate the Agreement. County shall notify contractor 214 of the amount requested on the commencement date which shall be paid to County within thirty (30) 215 days.
8 216 ARTICLE 4: TERM OF AGREEMENT
217 4.1 TERM
218 The Term of this Agreement shall be from November 1, 2018, to October 31, 2028, subject to approval 219 of RA Members, unless the Agreement is extended in accordance with Section 4.2 or terminated early 220 pursuant to Section 11.2 of this Agreement.
221 4.2 EXTENSION OF TERM
222 The Term of this Agreement may be extended by written mutual agreement of the RA Members and 223 Contractor twice for succeeding terms of two (2) years each, provided that Contractor is in compliance 224 with all terms and conditions of this Agreement, including the Diversion requirements set forth in Article 225 5. If the RA Members wish to extend the Term, they will provide notice to Contractor at least one year 226 before expiration of the then-current Term, and Contractor will provide its response within 30 days after 227 receipt of such notice. Nothing in this Agreement shall be interpreted as requiring RA Members to 228 renew or extend this Agreement.
229 ARTICLE 5: SCOPE OF COLLECTION SERVICES
230 5.1 SUMMARY SCOPE OF SERVICES
231 The Contractor or its Subcontractor(s) shall be responsible for the following:
232 A. Collecting Solid Waste, Recyclable Materials, and Organic Materials generated by and 233 placed for Collection by Customers of Contractor’s services pursuant to requirements 234 of Article 5 and Attachment B and collection areas defined below. 235 1. Mandatory and Voluntary Collection Area. The Cities of Hollister and San Juan Bautista 236 are Mandatory Collection Areas. The County of San Benito has mandatory, voluntary and 237 discretionary collection area more clearly defined Attachment L, County Code Title 15, 238 Chapter 15.01, Article 3, and Section 15.01.040 Solid Waste Collection and Ordinance 749 239 adopted 12/27/01.
240 i. Mandatory Service notice. Within 7 days after receiving notice (based on 241 Contractor's drivers' observations, information and belief or otherwise) that a 242 formerly unoccupied Premise located in a Mandatory Collection Area becomes 243 occupied or Customers residing there have changed, Contractor will give written 244 notice to the owner or occupant of that Premise that Collection is required unless 245 Contractor has already received a request for Collection Services at that Premise. 9 246 ii. Mandatory Collection and exemptions. Contractor will provide Collection at each 247 Premise located in each Mandatory Collection Area unless that Premise is 248 exempted from Collection in accordance with RA Member's respective Codes. 249 2. Voluntary Collection Area. Contractor will provide Collection service at each Premise 250 located in each Voluntary Collection Area to every Person that subscribes to service. 251 i. Collection commencement. Contractor will commence Collecting all Solid Waste 252 placed at the set-out site of a Premise located in a Voluntary Collection Area 253 within one week of the request of the Customer subscribing to Collection at the 254 Premise.
255 ii. Collection termination. Upon oral or written direction of a Customer, Contractor 256 will cease providing Collection immediately or at any other time specified by that 257 Customer, without penalty, and refund any pre-paid Rates in accordance with 258 Section 9.2. A Customer may terminate without cause providing they meet the 259 requirements for self-haul as previously defined in Section 3.2. 260 B. Transporting Collected materials to the appropriate Approved Facilities pursuant 261 to requirements of Article 5 and Attachment B;
262 C. Performing all other services required by this Agreement including, but not limited to, 263 Customer billing, public education, Customer service, record keeping, and reporting 264 pursuant to Articles 5 and 7 and Attachment B8 (Public Education & Outreach) and D 265 (Reporting);
266 D. Furnishing all labor, supervision, vehicles, Containers, other equipment, materials, 267 supplies, and all other items and services necessary to perform its obligations under this 268 Agreement;
269 E. Paying all expenses related to provision of services required by this Agreement 270 including, but not limited to, taxes, regulatory fees (including Regional Agency and RA 271 Member fees as applicable), and utilities;
272 F. Performing or providing all services necessary to fulfill its obligations in full accordance 273 with this Agreement always using best industry practice for comparable operations;and, 274 G. Complying with all Applicable Laws.
275 Contractor shall perform the work and provide the services pursuant to this Agreement in 276 a thorough and professional manner so that the residents and businesses within the 277 Regional Agency Service Area are provided reliable, courteous, and high-quality service at 278 all times. The enumeration and specification of aspects of service, labor, or equipment 279 requirements shall not relieve Contractor of the duty to perform all other tasks and 10 280 activities necessary to fulfill its obligations under this Agreement, regardless of whether 281 such requirements are enumerated elsewhere in the Agreement, unless excused in 282 accordance with Section 11.7.
283 Contractor shall not knowingly deliver materials collected under this Agreement to 284 facilities that do not comply in all material aspects with applicable law, including 285 CalRecycle regulations under Title 14, Chapter 3, minimum standards for solid waste 286 handling and disposal (Article 5.9 – Sections 17380-17386). Contractor, and not the RA 287 Members, must use reasonable efforts to assure that all Disposal, transfer, and Processing 288 facilities to which contractor delivers material under this Agreement are properly 289 permitted to receive material collected under this Agreement, except for any other facility 290 that the RA Members direct contractor to use. Failure to comply with this provision may 291 result in Contractor being in default under this Agreement. 292 5.2 USE OF APPROVED FACILITIES
293 The Contractor, without constraint and as a free‐market business decision in accepting this Agreement, 294 agrees to use the Approved Facilities for the purposes of Processing and/or Disposing of all Solid Waste, 295 Recyclable Materials, Organic Materials, and other materials Collected in the Regional Agency Service 296 Area. Such decision by Contractor in no way constitutes a restraint of trade notwithstanding any 297 Change in Law regarding flow control limitations or any definition thereof. 298 5.3 SUBCONTRACTING
299 Contractor shall not engage any Subcontractors for Collection, Transportation, or Processing of Solid 300 Waste, Recyclable Materials, Organic Materials, or C&D services without the prior written consent of 301 Regional Agency Contract Manager. As of the Effective Date of this Agreement, the RA Members have 302 approved Contractor’s use of those S ubcontractors identified in Contractor’s p roposal, included 303 herein as Attachment F5. If the Contractor plans to engage other affiliated or related party entities in 304 the provision of services, Contractor shall provide Regional Agency Contract Manager with thirty (30) 305 days written notification of its plans and provide an explanation of any potential impacts related to the 306 quality, timeliness, or cost of providing services under this Agreement. 307 5.4 RESPONSIBILITY FOR MATERIALS
308 Once Solid Waste, Recyclable Materials, and Organic Materials are placed in the Contractor’s Containers 309 and at the Collection location, the responsibility for their proper handling shall transfer directly 310 from the Generator to Contractor, except for Excluded Waste if the Contractor can identify the 311 Generator pursuant to Section 6.7.B. Once Solid Waste, Recyclable Materials, and Organic Materials are 312 deposited by Contractor at the appropriate Approved Facility, such materials shall become the 313 responsibility of the Owner or operator of the Approved Facility with the exception of Excluded 314 Waste pursuant to Section 6.7.C. Responsibility for Excluded Waste that has been inadvertently 315 Collected by the Contractor shall remain with the Contractor if it cannot identify the Generator, and 316 Contractor shall assume all responsibility for its proper Disposal. 11 317 5.5 AGENCY-DIRECTED CHANGES TO SCOPE
318 Any or all RA Members may meet and confer with Contractor to establish the scope of any additional 319 services or modification to existing services (which may include use of Approved Facilities) to be 320 provided under this Agreement. In such case, Contractor shall present, within thirty (30) calendar days 321 of the RA Member’s request, a written proposal to provide such modified or additional services. The RA 322 Member(s) shall review the Contractor’s proposal for the change in scope of services. The RA Member 323 and Contractor may meet and confer to negotiate Contractor’s proposed revisions and costs and shall 324 amend this Agreement, as appropriate, to reflect the mutually agreed‐upon changes in scope. 325 5.6 SOLID WASTE
326 Contractor shall offer and provide Solid Waste Collection services as described in Attachments B1, B2, 327 and B3.
328 Contractor acknowledges that the RA Members and Regional Agency are committed to Diverting 329 materials from Disposal through the implementation of source reduction, reuse, Recycling, Composting, 330 and other programs, and that the RA Members may implement new programs in accordance with 331 Section 5.5 that may impact the overall quantity or composition of Solid Waste to be Collected by 332 Contractor, subject to Contractor’s right to petition for a Rate change pursuant to Section 9.3. 333 Contractor shall transport all Solid Waste Collected in the Regional Agency Service Area to the Approved 334 Disposal Facility. Contractor shall pay all costs associated with transporting and Disposal of Solid Waste 335 including payment of any gate fees charged at the Approved Disposal Facility. Contractor shall observe 336 and comply with all regulations and posted rules in effect at the Approved Disposal Facility and 337 cooperate with and take direction from the operator thereof with respect to delivery of Solid Waste. 338 5.7 RECYCLABLE MATERIALS
339 A. Collection and Delivery. Contractor shall provide Recyclable Materials Collection services 340 as described in Attachments B1, B2, and B3. Contractor agrees to transport and deliver all 341 Source-Separated Recyclable Materials placed by Customers in Recyclable Material 342 Containers to the Approved Recyclable Materials Processing Facility. All tipping fees 343 and other costs associated with transporting to and Processing such Recyclable Materials 344 at the Approved Recyclable Materials Processing Facility and Disposing of the residue 345 as required in Section 5.7.D below shall be paid by Contractor. 346 Contractor shall observe and comply with all regulations in effect at the Approved 347 Recyclable Materials Processing Facility and cooperate with and take direction from the 348 operator thereof with respect to delivery of Recyclable Materials. Contractor shall actively 349 work with the Approved Recyclable Materials Processing Facility operator throughout the 350 Term of this Agreement to minimize Contamination of the Recyclable Materials Collected 351 under this Agreement and delivered to the Processing facility. The contractor shall report 12 352 on a quarterly basis the average residue % of all tons shipped to and processed at the 353 Approved Recyclable Materials Processing Facility.
354 B. Processing. Contractor has guaranteed sufficient capacity at its Approved Recyclable 355 Materials Processing Facility to Process all Source Separated Recyclable Materials 356 Collected by Contractor under this Agreement throughout the Term of the Agreement. 357 Contractor shall have no obligation to maintain a guarantee of capacity following an RA 358 Member‐directed change in the Approved Recyclable Materials Processing facility, 359 pursuant to Section5.7.E.
360 Contractor shall keep all existing permits and approvals necessary for use of the 361 Approved Recyclable Materials Processing Facility in full regulatory compliance. Upon 362 request, Contractor shall provide copies of facility permits and/or notices of violations 363 (obtained from its Processing facility Subcontractor if necessary) to Regional Agency 364 ContractManager.
365 If Contractor is unable to use the Approved Recyclable Materials Processing Facility due 366 to an emergency or sudden unforeseen closure of the Processing Facility, Contractor 367 may use an alternative Processing facility provided that the Contractor provides written 368 notice to Regional Agency Contract Manager. Within forty‐eight (48) hours of emergency 369 or sudden and unforeseen closure, the Contractor shall provide a written description of 370 the reasons the use of the Approved Recyclable Materials Processing facility is not 371 feasible, and the period of time Contractor proposes to use the alternative Processing 372 facility.
373 If the need to use the alternative Processing facility is discretionary or for reasons within 374 Contractor’s, or its Approved Recyclable Processing Facility Subcontractor’s, reasonable 375 control, Co ntracto r’s Compensation shall not be adjusted for any change in 376 Transportation and Processing costs associated with use of the alternative Processing 377 f acility. If the need to use the alternative Processing f a c i l i t y results from reasons 378 beyond Contractor’s, or its Subcontractor’s, reasonable control, Agency shall adjust, 379 either up or down, Contractor’s Compensation for changes in Transportation and 380 Processing costs associated with use of the alternative Processing facility. If a change in 381 the Processing facility results in increased costs, RA Members may identify and direct 382 Contractor to an alternative Processing f acility that results in lower costs than the 383 Contractor‐identified alternative.
384 Contractor may permanently change its selection of the Approved Recyclable Material 385 Processing Facility following RA Members’ written approval. If Contractor elects to use a 386 Recyclable Materials Processing facility that is different than the Approved Recyclable 387 Materials Processing Facility, it shall request written approval from the Agency Contract 388 Manager sixty (60) calendar days prior to use of the site and obtain RA Members’ written 389 approval no later than ten (10) calendar days prior to use of the site. 13 390 C. Marketing. The Contractor shall be responsible for marketing Source Separated 391 Recyclable Materials Collected in Service Area that is delivered for Processing at 392 Contractor’s Approved Recyclable Materials Processing facility. Contractor’s marketing 393 strategy shall promote the highest and best use of materials presented in the waste 394 management hierarchy established by the Act. The Contractor shall use its best efforts in 395 marketing and promoting the sale of all Source-Separated Recyclable Materials to obtain 396 the highest prices available under prevailing conditions in the relevant market, whether 397 foreign or domestic. Where practical, the marketing strategy should include use of local, 398 regional, and domestic markets for Recyclable Materials. Contractor shall have no 399 obligation to market Recyclable Materials that have been redirected pursuant to Article 400 5.7.E.
401 D. Residue Disposal. Residue from the Processing of Source Separated Recyclable Materials 402 Collected under this Agreement at Contractor’s Approved Recyclable Materials Processing 403 facility, which cannot be marketed, shall be Disposed of by Contractor, or the Processing 404 Facility Subcontractor at a mutually agreed upon disposal facility. Residue delivered to 405 the d i s po s a l f a c i li ty shall not include any ExcludedWaste. 406 E. Agency Right to Redirect Recyclable Materials. The RA Members may, at any time during 407 the term of this Agreement, require Contractor to deliver Recyclable Materials Collected 408 under this Agreement to an alternative Processing facility. If RA Members require such 409 change, Sections 5.7.B through 5.7.D of this Agreement shall be suspended and the 410 tipping fee used to calculate the Processing Component of the Rate (as described in Step 411 4, Attachment E1) shall be adjusted to the amount charged or paid by the RA Member 412 to Contractor for the delivery of Recyclable Materials. Contractor shall comply with such 413 direction within ten (10) Business Days of the RA Member’s notice or the date specified 414 in such notice, if more than ten (10) Business Days from the date of notice. 415 5.8 ORGANIC MATERIALS
416 Contractor shall provide Organic Materials Collections services as described in Attachments B1, B2, and 417 B3.
418 Contractor shall Transport all Organic Materials Collected under this Agreement to the A p p r o v e d 419 Organic Materials Processing f acility. Contractor shall pay all tipping fees and other costs associated 420 with Transporting and Processing Organic Materials. 421 Contractor shall observe and comply with all regulations in effect at the Approved Organic Materials 422 Processing f acility and cooperate with and take direction from the operator thereof with respect to 423 delivery of Organic Materials. Contractor shall actively work with the Approved Organic Materials 424 Processing facility operator throughout the Term of this Agreement to minimize Contamination of the 425 Organic Materials Collected under this Agreement and delivered to the Processing facility. The contractor 14 426 shall report on a quarterly basis the average residue % of all tons shipped to and processed at the 427 Approved Organic Materials Processing Facility.
428 In no case shall Organic Materials be utilized as Alternative Daily Cover, even if allowed by Applicable 429 Law.
430 5.9 BULKY ITEMS AND REUSABLE MATERIALS
431 Contractor shall offer Bulky Item and Reusable Materials Collection services as described in Attachments 432 B1 and B2.
433 Bulky Item and Reusable Materials Collection services shall be offered to Single‐Family and Multi‐Family 434 Customers pursuant to Attachment B either free of charge or for an additional charge. Contractor shall 435 make reasonable efforts to schedule on‐call Bulky Item and Reusable Materials Collections on a day that 436 is convenient to the Customer.
437 Contractor may, at its sole discretion and expense, identify those Bulky Items and Reusable Materials 438 that can be Collected by local youth, community, or other charitable organizations and arrange with 439 such organizations to provide the Collection. Regardless of Contractor’s use of such an organization, 440 Contractor shall be responsible for ensuring that service is provided to the Customer in a professional 441 and timely manner.
442 Contractor shall transport all Bulky Items or Reusable Materials Collected under this Agreement to the 443 Approved Reusable Materials Processing facility, Pat’s Place, where volunteers can sort items for resale. 444 Any items that cannot be utilized or sold will be placed in a container provided by Recology for either 445 recycling or disposal, as appropriate. All proceeds from the sale of the salvaged items will be given to the 446 Community Food Bank of San Benito. Furthermore, Recology will provide a quarterly donation to Pat’s 447 Place and/or the Food Bank to help cover the cost of staff time utilized for the sorting and handling of 448 the materials dropped off by Recology.
449 Contractor shall pay all costs associated with transporting and Processing Bulky Items and Reusable 450 Materials. Contractor shall be relieved of this obligation for any items collected by a local youth, 451 community, or other charitable organization.
452 Contractor shall observe and comply with all regulations in effect at the Approved Reusable Materials 453 Processing Facility and cooperate with and take direction from the operator thereof with respect to 454 delivery of Bulky Items and/or Reusable Materials.
455 5.10 RA MEMBER SERVICES
456 Contractor shall provide RA Members, without charge, the services set forth in this section. 457 A. Containers at RA Member Facilities
15 458 Contractor shall Collect, not less than weekly and more frequently as the RA Member shall 459 determine, Solid Waste, Recyclable Materials and Organic Materials from Containers 460 located at RA Member-owned facilities including, but not necessarily limited to, parks, 461 municipal offices, corporation yards, parking lots, fire stations, and such other RA 462 Member-owned properties as RA Members shall specify. Please see Attachment B5 for a 463 listing of existing RA Member facilities. Contractor shall provide a sufficient number of 464 suitably-sized Containers at or in the vicinity of such properties for the deposit of 465 Discarded Materials in said Containers for Collection by Contractor. Notwithstanding the 466 foregoing, the RA Member may, at RA Member’s sole discretion, Collect and transport 467 Solid Waste and other Discarded Materials which may accumulate on RA Member’s 468 properties, or by reason of any of RA Member’s operations, to the Approved Facilities, at 469 no direct cost to the RA Member.
470 B. Containers at Public Locations
471 Contractor shall Collect Discarded materials deposited in Public Containers for Solid 472 Waste, Recyclable Materials and Organic Materials that are located in the RA Member 473 service area and are listed in Attachment B6. Collection shall be performed on a schedule 474 provided by the RA Member. Collection shall include clean-up of the area within a radius 475 of fifteen (15) feet of each Public Container. The RA Member shall provide Contractor a 476 service schedule and a map showing the locations of the Public Containers to be serviced 477 by Contractor. The RA Member reserves the right to change the service schedule at any 478 time during the term of this Agreement upon not less than thirty (30) calendar days 479 written notice to Contractor and may add Public Containers as it deems necessary. 480 C. RA Member Community Events
481 Contractor shall Collect Solid Waste, Recyclable Materials and Organic Materials at RA 482 Member community events listed on Attachment B7. The RA Member shall notify 483 Contractor of the dates and locations for the event at least thirty (30) days prior to each 484 event. Community event services include:
485 1. Event Collection Stations. At each event collection station, Contractor shall provide a 486 separate receptacle for each of Solid Waste, Recyclable Materials, and Organic Materials, 487 as appropriate. Contractor shall provide a sufficient number of event collection stations of 488 sufficient capacity to meet the needs of the event as determined by Contractor in 489 cooperation with the event organizer.
490 2. Collection Station Monitors. Contractor shall ensure that collection station monitors 491 service event collection stations and educate event attendees about what materials are 492 acceptable in each event collection station receptacle. Contractor shall staff the event 493 with a sufficient number of employees or volunteers to ensure that event collection 494 stations are serviced frequently enough to prevent overflow and litter. 16 495 3. Containers. Contractor shall provide Containers for the aggregation of material removed 496 from event collection stations during the event. Contractor shall provide Containers in 497 sufficient number of appropriate type(s) for the needs of the event as determined by 498 Contractor in cooperation with the event organizer. Contractor shall service Containers, as 499 agreed‐upon with the event organizer, and deliver Collected materials to the appropriate 500 Approved Facility for Processing and/or Disposal.
501 4. Public Education Booth. Upon request of either the RA Member or the event organizer, 502 Contractor shall staff a booth or exhibit at the event for educating the public about the 503 services and programs provided by Contractor under this Agreement and the benefits of 504 source reduction, reuse, Recycling, and Composting. 505 5. Reporting. Within fourteen (14) calendar days of the end of the event, Contractor shall 506 submit a report to the Regional Agency Contract Manager and event organizer. The report 507 should include, at a minimum: the number of event collection stations deployed at the 508 event, the number of collection station monitors, the tonnage of each material type (i.e., 509 solid waste, recyclable materials, and organic materials) collected, and a description of the 510 public education provided at the event.
511 Contractor may, at its sole discretion and expense, coordinate with local youth, 512 community, or charitable organizations to provide some or all the required services. 513 Regardless of Contractor’s use of such an organization, Contractor shall be responsible for 514 ensuring that service is provided to the Customer in a professional and timely manner 515 consistent with the terms of this Agreement.
516 For community events which are not hosted or primarily funded by the RA Member, 517 Contractor shall provide the above‐described community event services at the request of 518 the event organizer and may negotiate the charges for such services with the event 519 organizer based on the specific needs of the event. 520 D. Free Compost
521 Upon RA Member request and up to three (3) times each year for each RA Member, 522 Contractor shall provide at least twenty (20) cubic yards of free Compost for use by the RA 523 Member or its residents in a Drop Box or similar Container. The RA Member shall identify 524 the time and location of each Compost drop-off. RA Members may also decide to conduct 525 joint events.
526 E. E-Waste and Shred Event
527 Three times each year on days selected by the RA Member and Contractor, Contractor 528 shall conduct an E-Waste and shred event where Residential Customers and the RA 529 Member may Dispose of E-Waste at no charge. Contractor shall also provide free 17 530 shredding and other agreed upon services at that event. The location of the event is to be 531 determined.
532 F. Quarterly Recycle Days at John Smith Road Landfill 533 The Regional Agency holds quarterly "Recycle Days”/Bulky Item collection events at the 534 John Smith Road Landfill. Contractor shall, upon request, reimburse the County of San 535 Benito as owner of John Smith Road Landfill a fee of $25,000 annually beginning in year 536 one as a contribution to this event. Each year thereafter the $25,000 shall be subject to 537 the annual consumer price adjustment described in Attachment E1. 538 G. Public Drop Box Service
539 1. Special Events and Neighborhood Cleanups. Each calendar year (prorated for partial 540 years) at the direction of each RA Member at least 2 weeks in advance, Contractor will 541 deliver to the sites designated by each RA Member:
542 (i) Up to ten (10) Drop Boxes clearly labeled "Solid Waste" for the County and City of 543 Hollister and up to five (5) Drop Boxes clearly labeled “Solid Waste” for San Juan 544 Bautista.
545 (ii) Up to ten (10) Drop Boxes clearly labeled "Recyclables" for the County and City of 546 Hollister and up to five (5) Drop Boxes clearly labeled “Recyclables” for San Juan 547 Bautista.
548 Each Drop Box must have a capacity of 40 cubic yards or other volume listed on 549 the Rate Schedule, as directed by an RA Member. Contractor will (1) Collect each 550 Solid Waste and Recyclables Drop Box Container as directed by the RA Member, 551 and (2) Divert the Solid Waste to meet the Diversion Goal specified in Section 552 5.12.C.
553 San Benito County will not charge Contractor for Disposal of Solid Waste 554 discarded in these Drop Box Containers at the John Smith Road Landfill. 555 Contractor will not charge for this service.
556 H. Abandoned Solid Waste
557 1. On-call. At oral, electronic or written direction of the Regional Agency Contract Manager, 558 each month Contractor will Collect up to five (5) Tons of Abandoned Solid Waste 559 discarded at the locations identified by an RA Member in that RA Member' s Service Area 560 without charge to the RA Members. If the Regional Agency Contract Manager contacts the 561 Contractor by noon on a weekday, Contractor will collect Abandoned Solid Waste on that 562 same day. If the Regional Agency Contract Manager calls after noon on a weekday, 563 Contractor will collect Abandoned Solid Waste by the end of the following weekday. 18 564 Abandoned Solid Waste tons collected above the five (5) tons per month will be paid for 565 by the RA Members.
566 2. Contact with drivers on route. Contractor will inform the Regional Agency Contract 567 Manager by telephone or email at the phone number or email address directed by the RA 568 Representative, of Abandoned Solid Waste observed during route collection. 569 3. Documenting trouble spots. Contractor will take digital photographs of Abandoned Solid 570 Waste its drivers repeatedly observe on public or private land within the Regional Agency 571 Service Area not placed in Containers. Contractor will label those photographs to indicate 572 the place, date and time they were taken.
573 4. Litter clean-up. Contractor will clean up litter within a 10-foot radius of each Abandoned 574 Solid Waste Collection site.
575 5. Diversion. Contractor will use reasonable business efforts to Divert the Abandoned Solid 576 Waste that it collects in accordance with the Bulky Items Diversion Program. 577 5.11 PUBLIC EDUCATION AND OUTREACH
578 The public education and outreach activities included in the scope of services provided by Contractor 579 under this Agreement are described in Attachment B8. 580 A. Program Objectives
581 Contractor’s public education and outreach strategy shall focus on improving Customer 582 understanding of the benefits of and opportunities for source reduction, reuse, Recycling, 583 and Composting. In general, Contractor‐provided public education and outreach should:
584 (i) inform Customers about the services that are provided under this Agreement with 585 specific focus on describing the methods and benefits of source reduction, reuse, 586 Recycling, and Composting; (ii) instruct Customers on the proper method for placing 587 materials in Containers for Collection and setting Containers out for Collection with 588 specific focus on minimizing contamination of Recyclable and Organic Materials; and, (iii) 589 clearly define the Excluded Waste and educate Customers about the hazards of such 590 materials and their opportunities for proper handling. 591 B. Coordination with Regional Agency and RA Members’ Educational Efforts 592 Contractor acknowledges that they are part of a multi‐party effort to operate and educate 593 the public about the regional integrated waste management system. Contractor shall 594 cooperate and coordinate with the Regional Agency Contract Manager, and RA Members 595 as applicable, to minimize duplicative, inconsistent, or inappropriately timed education 596 campaigns. Contractor is aware that the Regional Agency is responsible for regional public 597 education and outreach for schools, self‐hauled waste, and home Composting. Contractor 19 598 shall not engage in public education and outreach around these subjects without 599 coordination with and approval of the Regional Agency Contract Manager or RA Member 600 as applicable.
601 Contractor shall allow the Regional Agency Contract Manager a reasonable opportunity to 602 review, request modifications to, and approve all public education materials including, but 603 not limited to: print, radio, television, or internet media before publication, distribution, 604 and/or release. Regional Agency shall have the right to request that Contractor include 605 Regional Agency and/or RA Member identification and contact information on public 606 education materials and approval of such requests shall not be unreasonably withheld. 607 5.12 DIVERSION REQUIREMENTS
608 A. Contractor Obligation
609 In awarding this Agreement, the RA Members relied on Contractor representation that 610 Contractor will provide a level of Diversion that ensures the RA Members will be in full 611 compliance with its State Diversion obligations, as defined as of the Effective Date by AB 612 939, AB 341, AB 1826 and related state laws and regulations. The RA Members’ grant of 613 exclusive services as defined in Section 3.1 is based in part on providing Contractor the 614 means necessary to ensure the Regional Agency meets its Diversion obligations. The 615 following Diversion requirements are intended to ensure the RA Members and Regional 616 Agency will be in full compliance with their Diversion obligations under Applicable Law. 617 B. Diversion Rate
618 Contractor’s compliance with its Diversion requirements will be measured for a given time 619 period in terms of the tons of materials Collected by Contractor in the Regional Agency 620 Service Area that are sold or delivered to a recycler, Composting facility or re-use facility, 621 net of all Residue, divided by the total tons of materials Collected in the Regional Agency 622 Service Area by Contractor in each calendar year.
623 C. Diversion Requirements
624 The Contractor’s overall measured Diversion performance shall be considered acceptable 625 if the percentage resulting from dividing: the sum of tons of Recyclable Materials, Organic 626 Materials, and Reusable Materials which are Collected under this Agreement and 627 delivered for Processing; by the total tons Collected by Contractor is 45% or greater in a 628 calendar year. If the calculated percentage is more or less, Performance 629 Incentives/Disincentives will apply as more fully described in Attachment H. 630
631
20 632 D. Compliance with Diversion Requirements
633 1. Regional Agency Determination of Compliance. Contractor shall provide the Diversion634 related data and information defined in Section 7.3 and Attachment D as part of its 635 scheduled reporting. The RA Members may in and at any time determine compliance with 636 each of the above Diversion requirements, as well as ascertaining Contractor progress 637 towards achieving the next scheduled Diversion requirement. Contractor acknowledges 638 that RA Members may request, and Contractor shall provide in a timely manner such 639 additional information as may reasonably be needed to ascertain Contractor’s compliance 640 with its Diversion requirements as defined in Section 5.12.C. 641 2. CalRecycle Notice. If at any point during the Term, CalRecycle notifies the RA Members or 642 Regional Agency that they are not in compliance with their Diversion obligations under 643 Applicable Law, the Parties will meet within fourteen (14) days of RA Members’ request 644 regarding Contractor’s compliance with Contractor’s Diversion requirements. Should 645 Contractor be found to be in compliance with the above Diversion requirements, but 646 there is the need to modify Contractor obligations to meet the RA Members’ or Regional 647 Agency’s Diversion obligations, such modification will be considered a change in 648 Contactor’s obligations as provided in Section 5.5. The Contractor is also eligible for 649 Performance Incentive payments per Attachment H if it exceeds the Diversion 650 requirements.
651 3. Implementation of Additional Diversion Services. If the RA Members determine that 652 Contractor has not fulfilled its good faith efforts requirements set forth in the preceding 653 paragraph, the RA Members may direct Contractor to perform additional services 654 (including the implementation of new diversion programs) or modify the manner in which 655 it performs existing services, and Contractor agrees to do so at no additional charge. Pilot 656 programs and innovative services which may entail new Collection methods and use of 657 new or alternative Solid Waste processing and disposal technologies are included among 658 the types of changes which the RA Members may direct. 659 E. Cooperation
660 Contractor acknowledges the RA Members’ and Regional Agency’s needs with respect to 661 Diversion and will assist the RA Members and Regional Agency to identify all diversion 662 activities in the Service Area, including diversion activities from Commercial accounts that 663 self-haul Recyclables or utilize third-party recyclers as permitted by Section 3.2. 664 Contractor will use good faith efforts to identify all Commercial accounts using self-haul or 665 third- party recycling services and provide the contact information for these accounts to 666 Regional Agency Contract Manager so that Regional Agency staff can contact these 667 accounts to require compliance with the reporting requirements imposed by Applicable 668 Law.
21 669 5.13 ENVIRONMENTAL ENHANCEMENTS
670 Contractor included in its technical proposal several programs that are included in its scope of work 671 under this Agreement as follows:
672 A. Edible Garden at the Community Food Bank
673 Recology will work with the Food Bank’s staff to plant fruit trees, vegetables, and flowers. 674 Recology employees will help staff tend to the crops and harvest produce, which can be 675 distributedtoFoodBankcustomers.
676 The gardenwill be plantedonadesignated areaofthe 2,250 square feet patchoflandlocated 677 on the north side of the building. Recology will pay for the materials to build the garden, 678 including the fruit trees, irrigation, vegetables, flowers and herbs, compost and soil 679 amendments, ground cover, and stakes for trees and shrubs. 680 B. San Benito County Recycles! Poster Contest
681 The San Benito County Recycles! Poster Contest is an opportunity for students to express 682 their creativity while reinforcing the importance of recycling. The contest will be open to 683 all local students in public or private schools K-12 grade. Posters will contain the student’s 684 original artwork and highlight recycling, waste reduction efforts, or other environmental 685 issues such as water or air pollution. The winning poster will be depicted on the side of the 686 Contractor’s Collection Vehicles.
687 C. School Assemblies and Outreach
688 Recology’s Waste Zero Specialist will work closely with public and private schools to 689 educate students on source reduction, reuse of materials, and participation in recycling 690 programs. Specific programs will include:
691  School assemblies: Recology will continue to offer environmentally-focused assemblies 692 to local schools, with performances by the Banana Slug String Band (pictured). 693  Classroom projects: Also tailored to grade level, these hands-on projects teach students 694 about renewable versus non-renewable resources and encourage creative uses of 695 everyday items to increase sustainability.
696  Educator resources: Recology’s Waste Zero Specialist will connect educators with 697 curriculum and other resources to help continue sustainability and diversion lessons 698 throughout the school year.
699
700
22 701 D. Emissions Reporting
702 After Rate Period One, upon request of RA Member or Regional Agency (but no more than 703 once annually for all RA Members and Regional Agency combined), Contractor shall 704 provide emissions data, a description of Contractor’s carbon footprint, and a description 705 of Contractor’s activities both planned and implemented to reduce its carbon footprint for 706 the previous Rate Period.
707 ARTICLE 6: REQUIREMENTS FOR OPERATIONS, EQUIPMENT AND PERSONNEL 708 6.1 GENERAL
709 Contractor shall always comply with Applicable Laws and provide services in a manner that is safe to the 710 public and the Contractor’s employees. Except to the extent that a higher performance standard is 711 specified in this Agreement, Contractor shall perform services in accordance with Solid Waste, 712 Recyclable Materials, Organic Materials, and C&D management practices common to Northern 713 California.
714 6.2 OPERATING HOURS AND SCHEDULES
715 A. Hours of Collection.
716 Unless otherwise authorized by the Regional Agency Contract Manager, Contractor’s 717 days and hours for Collection operations shall be asfollows:
718 1. Residential Premises. Collection from Residential Premises shall only occur between the 719 hours of 6:00 a.m. and 6:00 p.m., Monday through Friday, except that during weeks in 720 which a Holiday occurs, the Contractor may provide Collection scheduled for a Friday on 721 Saturday.
722 2. Commercial Premises. Collection from Commercial Premises that are two hundred (200) 723 feet or less from Residential Premises shall only occur between the hours of 6:00 a.m. and 724 6:00 p.m., Monday through Friday. Collection from Commercial Premises more than two 725 hundred (200) feet from Residential Premises shall only occur between the hours of 726 3:00 a.m. and 6:00 p.m., Monday through Saturday.
727 B. Holiday Collection Schedule.
728 Contractor, at its sole discretion, may choose not to provide Collection services on a 729 Holiday. In such event, Contractor shall provide Collection services on the day following 730 the Holiday thereby adjusting subsequent work that week; however, Customer service 731 days shall be returned to the normal schedule within one (1) week of the Holiday. The 23 732 Contractor shall provide Customers notice of Holiday‐related changes in Collection 733 schedules at least two weeks prior to the change.
734 6.3 COLLECTION STANDARDS
735 A. Servicing Containers.
736 Contractor shall pick up and return each Container to the location where the Container 737 was placed property for Collection. Contractor shall place the Containers upright with lids 738 properly secured.
739 Contractor, at the request of Customers, may provide special services including: (i) 740 unlocking Containers; (ii) accessing Container enclosures with a key; or, (iii) pulling or 741 pushing Containers to the Collection vehicle. Contractor may charge Customers for extra 742 services at the Rates approved by the RA Members for such services or other special 743 services as mutually agreed upon.
744 B. Litter Abatement and Spill Prevention.
745 Contractor shall use due care to prevent spills or leaks of material placed for Collection, 746 Used Motor Oil, fuel, and fluids while providing services under this Agreement. If any 747 materials are spilled or leaked during Collection and Transportation, the Contractor shall 748 clean up all spills or leaks before leaving the site of the spill and properly dispose of the 749 materials.
750 Contractor shall not transfer loads from one vehicle to another on any public street, 751 unless it is necessary to do so because of mechanical failure, hot load (combustion of 752 material in the truck), or accidental damage to a vehicle. 753 Contractor shall cover all open Drop Boxes at the pickup location before transporting 754 materials to the Approved Facility.
755 Contractor shall conduct public outreach and staff training to Customers on best 756 management practices for litter abatement at no extra charge to the RA Members when 757 no additional direct expenses are incurred by Contractor that are outside the scope of 758 the Public Education and Outreach Program as described in Attachment B8. If requested 759 outreach and staff training would result in additional direct expenses to Contractor, the 760 Regional Agency Contract Manager shall be notified. If the RA Members decide to pay 761 direct expenses, Contractor shall conduct activities for no additional charge. If the 762 Regional Agency does not agree to pay direct expenses, Contractor shall be under no 763 obligation to provide the requested services. Such best management practices include, 764 withoutlimitation:
24 765 • Closing Container lids and right sizing service: Contractor staff will tag overfull 766 containers with “reminder stickers,” which will serve as outreach and education to the 767 Customer. Photos of the container will be taken by drivers, attached to the Customer’s 768 account, and will be available to outreach and Customer service staff to demonstrate to 769 the Customer where a problemexists.
770 • Outreach to Customer on importance of bagging lightweight materials such as plastic 771 bags, film plastics, foam peanuts, and other materials that can easily become litter due 772 to their lightweight nature.
773 • Driver training on litter reduction techniques and litter removal best management 774 practices.
775 • Affixing signage to the back of Contractor trucks which reads “Help us keep our 776 roadways and waterways clean. If you see litter falling out of this truck, please 777 contact 800‐XXX‐XXXX”.
778 • Collaboration with the RA Members street sweeping operators, as appropriate, to align 779 schedules with Collection schedules to have sweeping following the standard Collection 780 day.
781 C. Development and Review of Collection Specifications. Contractor shall work with each 782 RA Member to develop standard specifications for Collection Container enclosures at 783 Commercial and Multi‐Family Premises. These specifications shall be developed to ensure 784 that the Collection Container enclosures are built to provide adequate space for and 785 suitable configuration to allow the Contractor to safely and efficiently service Solid Waste, 786 Recyclable Materials, and Organic Materials Containers. Contractor’s Operations 787 Manager or other appropriately qualified staff shall, upon request by the Regional 788 Agency Contract Manager or RA Members, provide a review of plans for new 789 Multi‐family and Commercial development or project design drawings. Contractor shall 790 provide comments and recommendations resulting from the review in writing within ten 791 (10) days of receipt of the documents for review. In each review report, Contractor 792 shall comment on the acceptability of the proposed enclosure arrangements in terms of:
793 i) the adequacy of space for Solid Waste, Recyclable Materials, and Organic Materials 794 Containers; ii) the accessibility of the Containers for Collection including whether 795 additional charges (e.g., push/pull, etc.) would apply; and iii) ease of use by tenants. 796 6.4 VEHICLE REQUIREMENTS
797 A. Vehicles. Contractor shall provide a fleet of n e w Collection vehicles sufficient in 798 number and capacity to efficiently perform the work required by the Agreement in 799 strict accordance with its terms. Contractor shall have available sufficient back‐up 800 vehicles for each type of Collection vehicle used to respond to scheduled and 25 801 unscheduled maintenance, service requests, complaints, and emergencies. Suc h 802 back -u p veh icle s m ay be use d veh icle s. All such vehicles shall have watertight 803 bodies designed to prevent leakage, spillage, or overflow. Hoppers shall be enclosed on 804 top and on all sides to prevent material from leaking, blowing or falling from the vehicles. 805 Each Collection vehicle shall be equipped with a shovel and broom for clean-up of spillage. 806 Collection vehicles shall never be loaded to exceed the manufacturer’s recommended 807 weight limit or otherwise operated unsafely or in violation of any Applicable Law. 808 Collection vehicles shall be GPS-enabled to allow for the real-time tracking of their 809 geographical location.
810 To the extent required now or in the future by Applicable Law, Contractor shall provide its 811 Collection vehicles to be in full compliance with local, state and federal clean air 812 requirements, including, but not limited to, the California Air Resources Control Board 813 regulations, such as those regulations requiring the implementation of “Diesel Particulate 814 Matter Control Measure for On-Road Heavy–Duty Residential and Commercial Solid 815 Waste Collection Vehicle Diesel Engines” as currently codified in CCR Title 13, Section 2020 816 et seq; the Federal EPA’s Highway Diesel Fuel Sulfur regulations and any other applicable 817 air pollution control laws. Contractor has inspected all applicable streets within the 818 Regional Agency Service Area and acknowledges and certifies that all vehicles can safely 819 and effectively operate within the Service Area.
820 All Collection vehicles shall operate on renewable diesel fuel and shall be fueled at a 821 facility designated by the Contractor. Specifications for such fuel are included in 822 Attachment F1.
823 B. Vehicle Signage. Collection vehicles shall present a clean appearance while providing 824 service under this Agreement. Contractor's name and local telephone number shall be 825 displayed on all vehicles in at least four (4) inch characters. Vehicles shall be equipped 826 with sign board holders or other hardware to allow public education signage of no less 827 than thirty‐six (36) by forty‐eight (48) inches to be displayed on both sides of the vehicle. 828 C. Vehicle Maintenance. Contractor shall inspect each vehicle daily to ensure that all 829 equipment is operating properly. Vehicles that are not operating properly shall be taken 830 out of service until they are repaired and operate properly. Contractor shall repair, or 831 arrange for the repair of, all its vehicles and equipment for which repairs are needed 832 because of accident, breakdown or any other cause to maintain all e q ui pm e nt in a safe 833 and operable condition. The Regional Agency Contract Manager may inspect vehicles at 834 any reasonable time, and within three (3) calendar days of such a request, to determine 835 compliance with this Agreement and sanitation requirements. 836 D. Collection Vehicle Noise Level. The noise level generated by Collection vehicles using 837 compaction mechanisms during the stationary compaction process shall not exceed 838 seventy-five (75) decibels at twenty-five (25) feet from the Collection vehicle measured at 26 839 an elevation of five (5) feet above ground level using the "A" scale of a standard sound 840 level meter at slow response, or Applicable Law, whichever is more stringent. 841 E. Equipment Inventory. On or before the Commencement Date of this Agreement, 842 Contractor shall provide to the Regional Agency an inventory of Collection vehicles and 843 major equipment used by Contractor for Collection or Transportation in performance of 844 services under this Agreement. The inventory shall indicate each Collection vehicle by 845 identification number, DMV license number, the age of the chassis and body, type of fuel 846 used, the type and capacity of each vehicle, the number of vehicles, the date of 847 acquisition, the decibel rating, and the maintenance and rebuilt status. Contractor shall 848 submit to the Regional Agency Contract Manager an updated inventory annually, or more 849 often at the request of the RA Members. Each vehicle inventory shall be accompanied by a 850 certification signed by Contractor that all Collection vehicles meet the requirements of 851 this Article.
852 6.5 CONTAINER REQUIREMENTS
853 Contractor shall provide all new Carts, Bins, and Drop Boxes to all Customers as part of its services. 854 Contractor‐provided Containers shall be designed and constructed to be watertight and prevent the 855 leakage of liquids. All Containers shall display the Contractor’s name, local telephone number, and some 856 identifying inventory or serial number. However, if a new contractor other than the current service 857 provider is selected for the new Franchise Agreement such Contractor is encouraged to negotiate the 858 purchase of the existing commercial Bins and Drop Boxes from the current service provider. The cost 859 savings associated with such purchase shall be reflected in the final approved contractor rates. 860 In the interest of creating effective and consistent public education and outreach, Contractor shall utilize 861 its Containers to reinforce public education messages. All Solid Waste Containers shall be black or grey 862 in color. All Recyclable Materials Containers shall be blue in color. All Organic Materials Containers shall 863 be green in color. Contractor’s Containers shall also be labeled with a list of acceptable materials and a 864 list of prohibited materials and such labels shall be in both English and Spanish. Specific color selection 865 and labels shall be approved by the Regional Agency Contract Manager prior to placing the order 866 for any new Containers.
867 All Containers shall be maintained in a safe, serviceable, and functional condition and present a clean 868 appearance. Customers using Carts shall be responsible for cleaning such Carts. Contractor shall steam 869 clean and repaint all Containers, except Carts, as requested by Customer or as deemed necessary by 870 Contractor to present a clean appearance. If Customer requests steam cleaning more frequently than 871 one (1) time per year, Contractor may charge the Customer at approved Rates for such service. If any 872 Container is impacted by graffiti, Contractor shall remedy the situation within fourteen (14) calendar 873 days of notification at no additional charge.
27 874 6.6 PERSONNEL
875 A. General. Contractor shall furnish such qualified drivers, mechanical, supervisory, 876 customer service, clerical, and other personnel as may be necessary to provide the 877 services required by this Agreement in a safe and efficient manner. Contractor shall 878 designate at least one (1) qualified employee as the RA Members’ primary point of contact 879 with Contractor who is principally responsible for Collection operations and resolution of 880 service requests and complaints.
881 Contractor shall use its best efforts to assure that all employees who interact with 882 Customers present a neat appearance and conduct themselves in a courteous manner. 883 Contractor shall not permit its employees to accept, demand, or solicit, directly or 884 indirectly, any additional compensation, or gratuity from members of the public. 885 B. Competitive Wages and Benefits. Contractor shall provide employees with wages and 886 benefits equaling no less than the wages and benefits included in the collective bargaining 887 agreements in place in 2018 or at roll-out of the new collection services program. 888 C. Driver Qualifications. All drivers must have in effect a valid license, of the appropriate 889 class, issued by the California Department of Motor Vehicles. Contractor shall use the 890 Class II California Department of Motor Vehicles employer “Pull Notice Program” to 891 monitor its drivers for safety.
892 D. Safety Training. Contractor shall provide suitable operational and safety training for all of 893 its employees who operate Collection vehicles or equipment. Contractor shall train its 894 employees involved in Collection to identify, and not to collect, Excluded Waste. Upon the 895 Regional Agency Contract Manager’s request, Contractor shall provide a copy of its safety 896 policy and safety training program, the name of its safety officer, and the frequency of its 897 trainings.
898 6.7 HAZARDOUS WASTE INSPECTION AND HANDLING
899 A. Inspection Program and Training. Contractor shall develop a load inspection program 900 that includes the following components: (i) personnel and training; (ii) load checking 901 activities; (iii) management of wastes; and, (iv) record keeping and emergencyprocedures. 902 Contractor’s load checking personnel, including its Collection vehicle drivers, shall be 903 trained in: (i) the effects of Hazardous Substances on human health and the environment; 904 (ii) identification of prohibited materials; and, (iii) emergency notification and response 905 procedures. Collection vehicle drivers shall inspect Containers before Collection when 906 practical.
907 B. Response to Excluded Waste Identified During Collection. If Contractor determines that 908 material placed in any Container for Collection is Excluded Waste or presents a hazard to 28 909 Contractor's employees, the Contractor shall have the right to refuse to accept such 910 material. The Generator shall be contacted by the Contractor and requested to arrange 911 proper Disposal. If the Generator cannot be reached immediately, the Contractor shall, 912 before leaving the Premises, leave a tag at least two (2) inches by six (6) inches in size, 913 which indicates the reason for refusing to Collect the material and lists the phone 914 number of a facility that accepts the Excluded Waste or a phone number of an entity 915 that can provide information on proper Disposal of the Excluded Waste. Under no 916 circumstances shall Contractor’s employees knowingly Collect Excluded Waste or remove 917 unsafe or poorly containerized Excluded Waste from a Collection Container. Prior to the 918 Commencement Date of this Agreement, the tag that will be used to notice Customers of 919 reason for non‐Collection shall be reviewed and approved by the Regional Agency 920 Contract Manager. If Excluded Waste is found in a Collection Container or Collection area 921 that could possibly result in imminent danger to people or property, the Contractor shall 922 immediately notify the Fire Department.
923 C. Response to Excluded Waste Identified at Disposal or Processing Facility. Materials 924 Collected by Contractor will be delivered to the Approved Facilities for purposes of 925 Processing or Disposal. In the event that load checkers and/or equipment operators at 926 such facility identify Excluded Waste in the loads delivered by Contractor, such 927 personnel shall remove these materials for storage in approved, on‐site, Excluded Waste 928 storage Container(s). Contractor shall arrange for removal of the Excluded Wastes at its 929 cost by permitted haulers in accordance with Applicable Laws and regulatory 930 requirements. The Contractor may at its sole expense attempt to identify and recover 931 the cost of Disposal from the Generator. If the Generator can be successfully identified, 932 the cost of this effort, as well as the cost of Disposal shall be chargeable to the 933 Generator.
934 6.8 REGIONAL AGENCY CONTRACT MANAGER
935 RA Members have designated staff, the Regional Agency Contract Manager, to be the RA Representative 936 for each RA Member and to be responsible for the monitoring and administration of this Agreement, 937 except as otherwise provided in Section 12.10. Contractor shall meet and confer with the Regional 938 Agency Contract Manager to resolve differences of interpretation and implement and execute the 939 requirements of this Agreement in an efficient, effective, manner that is consistent with the stated 940 objectives of thisAgreement.
941 From time to time the Regional Agency Contract Manager may designate other agents of the Regional 942 Agency or to work with Contractor on specific matters. In such cases, those individuals should be 943 considered designates of the Regional Agency Contract Manager for those matters to which they have 944 been engaged. Such designates shall be afforded all of the rights and access granted thereto. In the 945 event of a dispute between the Regional Agency Contract Manager’s designate and Contractor, the 946 Regional Agency Contract Manager’s determination shall be conclusive. 29 947 In the event of dispute between the Regional Agency Contract Manager and the Contractor regarding 948 the interpretation of or the performance of services under this Agreement, the Regional Agency 949 Contract Manager’s determination shall be conclusive except where such determination results in a 950 material impact to the Contractor’s revenue and/or cost of operations. In the event of a dispute 951 between the Regional Agency Contract Manager and the Contractor results in such material impact to 952 the Contractor, Contractor may appeal the determination of the Regional Agency Contract Manager to 953 the appropriate RA Member governing body, whose determination shall be conclusive. For the purposes 954 of this section, “material impact” is an amount equal to or greater than one‐quarter (1/4) of one (1) 955 percent of Contractor’s annual Gross Receipts under thisAgreement. 956 Regional Agency Contract Manager or their designate shall have the right to observe and review 957 Contractor operations and Processing facilities and enter Premises for the purposes of such observation 958 and review, including review of Contractor’s records, during reasonable hours with reasonable notice. In 959 no event shall Contractor prevent access to such Premises for a period of more than one (1) calendar 960 day after receiving such a request. Regional Agency Contract Manager shall have access to sections of 961 Contractor’s Customer service database which facilitates Regional Agency retrieval and reporting of 962 Customer service data.
963 6.9 ENVIRONMENTALLY-PREFERRABLE PURCHASING
964 Contractor shall abide by their Environmentally Preferable Purchasing Policy adopted in 2018 and 965 included as Attachment K. Contractor shall include a summary of their environmentally‐preferable 966 purchasing activities in their Annual Report to the Regional Agency and RA Members (e.g., volume of 967 recycled content paper purchased, source reduction strategies implemented during the year and the 968 quantified results of that strategy, etc.).
969 6.10 LOCAL PURCHASING PREFERENCE
970 Contractor shall, throughout the Term of this Agreement, give preference to purchasing materials and 971 supplies used in connection with Agreement from local vendors within the County or State; and in that 972 order of preference. At a minimum, Contractor shall purchase the following items from vendors within 973 the County: vehicle supplies (e.g., fuel, fluids, tires, parts, etc.) only if the Contractor’s operation and 974 maintenance yard is located in the County; printing and publishing services for any and all public 975 education and outreach materials; uniforms, safety clothing/equipment, and work boots; and office 976 supplies.
30 977 ARTICLE 7: BILLING, CUSTOMER SERVICE, RECORD KEEPING, AND REPORTING 978 7.1 BILLING SERVICES
979 Contractor shall provide billing services for all Customers in the Service Area, including all Residential 980 Properties, Multi-Family Properties and Commercial Properties. Contractor shall: (i) bill all Customers in 981 the Service Area, including all SFDs, MFDs, and Commercial Properties at the rates permitted in this 982 Agreement; (ii) maintain accurate billing and payment records; and (iii) bill Customers on the following 983 schedule or as otherwise approved by the RA Members:
984  Each Residential Customer shall be billed bi-monthly in arrears 985  Each Multi-Family and Commercial Customer shall be billed monthly in advance 986 Service Recipients’ bills shall be itemized showing the charges for each classification of services. The 987 Contractor and the Regional Agency Contract Manager shall agree on the format of the invoice prior to 988 the Contractor initiating billing services.
989 Customer billing shall reflect the rate arrangements described below inclusive of the fees described in 990 Article 8. The rate schedules establish the maximum rates that may be charged. 991  SFD Rate Arrangements
992 Member Agencies will maintain an SFD rate structure that includes an integrated fee for 993 collection that covers solid waste, recycling, and organics. The current volume-based rate 994 structure will be continued. Therefore, the contractor will be required to provide the residents 995 with the container sizes they subscribe to; to service such containers; and to properly bill for the 996 level of service requested.
997  MFD and Commercial Rate Arrangements
998 Member Agencies will maintain a rate structure that includes an integrated fee for collection 999 that covers solid waste and recycling. A volume-based rate structure will be used. MFD and 1000 Commercial customers will be provided the opportunity to subscribe to unlimited levels of 1001 recyclable materials collection service at no additional charge. As a result, the contractor will 1002 provide the number and sizes of recycling containers requested by the customer and service the 1003 containers as frequently as requested. In addition, Member Agencies will continue to allow open 1004 market competition for recyclable materials excluded from the Contractor’s exclusive franchise 1005 pursuant to Section 3.2.
1006 Member Agencies will establish separate, volume-based rates for organics collection services. 1007 Customers will be encouraged to voluntarily participate in organics collection, unless required to do so 1008 by state law, and will be required to pay a fee for organics collection services based on subscription 1009 levels.
31 1010  RA Members Facilities
1011 RA Members facilities shall be provided all collection services at “no cost.” The cost of collection 1012 services provided to Member Agencies will be included in the contractor’s annual compensation 1013 and shall be paid for through the rates charged to SFD, MFD and commercial customers, at RA 1014 Members discretion.
1015  Special Services Charges
1016 Contractor’s customer proposed rate schedule shall include all charges for special services, 1017 including: (1) unlocking Containers; (2) accessing Container enclosures with a key; (3) pulling or 1018 pushing Containers to a Collection Vehicle; (4) steam cleaning, except carts, Containers more 1019 frequently than one time per year as requested by the Customer; (5) additional residential solid 1020 waste cart monthly service rate; (6) additional Recyclable Materials Cart monthly rental; (7) 1021 additional Organic Materials Cart charge equivalent to 50% of the Solid Waste monthly service 1022 rate gallon equivalent; (8) additional Bulky Item Collection Event beyond two times per year; (9) 1023 assessment of “contamination fee” as more fully described in the Franchise Agreement 1024 Attachments B1 subsections 2 and 3, B2 subsections 2 and 3, and B3 subsections 2 and 3; and 1025 (10) Sunday collection surcharge for MFD and Commercial accounts. 1026 Please see Sections 6.3.A, and 6.5 and Attachments B1, B2, and B3 for more details on situations in 1027 which special service charges apply.
1028 Contractor’s website shall provide Customers with the ability to pay their bills through an electronic 1029 check or credit card and include the ability for Customer billings to be automatically charged on a 1030 recurring basis. Contractor shall promote the website- based billing and payment system on all paper bill 1031 sent to Customers. Contractor shall prepare, mail, and collect bills from Customers who decline to use 1032 such internet‐based billing system. Contractor shall make arrangements to allow Customers to pay bills 1033 by cash, check, electronic check, money order, and credit card. 1034 A. RA Member Inserts. Each RA Member may direct Contractor to produce and insert 1035 mailers with billings relating to RA Member community events, public education and 1036 outreach activities, other environmental programs, and authorized rate increases. Each RA 1037 Member may request such mailers as frequently as the lesser of: 1) six (6) times per year 1038 or 2) the number of billing cycles for that Customer Type. 1039 B. Delinquent Accounts. Contractor shall be responsible for collecting delinquent charges for 1040 services it renders to customers. Contractor shall employ measures, consistent with 1041 Applicable Law regulating the collection of debts, to obtain payment of charges including 1042 use of its own employees to obtain judgments in Small Claims Court and to enforce such 1043 judgments.
1044 In the event that any account becomes more than forty‐five (45) calendar days past 1045 due, Contractor shall notify such Customer of the delinquency via written correspondence 32 1046 and telephone contact. Should any account become more than ninety (90) calendar 1047 days past due, Contractor shall provide notice to the Customer via written 1048 correspondence, with a copy to the Regional Agency Contract Manager, that service 1049 may be discontinued if the account becomes more than one hundred twenty (120) 1050 calendar days past due. Should any account become more than one hundred twenty 1051 (120) calendar days past due, Contractor may discontinue providing service to the 1052 Customer. No less than seven (7) calendar days prior to discontinuing service to a 1053 Customer, Contractor shall notify the Regional Agency Contract Manager of the address, 1054 Service Level, service frequency, and delinquent billing amount. Contractor may withhold 1055 service from a delinquent account until past delinquencies are paid in full. Upon 1056 restoring service to a previously delinquent account, Contractor may require a deposit 1057 from the Customer not to exceed one (1) month’s billings at the Customer’s Service Level. 1058 C. Billing Records. Contractor shall keep records of all billing documents and customer 1059 account records including, but not limited to, invoices, customer payment coupons mailed 1060 with the invoice and collection notices, for a period of three (3) years after the date of 1061 receipt or issuance. Contractor may, at its option, maintain those records in electronic 1062 form, hard copy, or in any other manner, provided that the records can be preserved and 1063 retrieved for inspection and verification in a timely manner. 1064 D. Customer Privacy.
1065 1. Non-Disclosure. Contractor will not disclose to any Person other than the Regional Agency 1066 or any RA Member any information identifying an individual Customer, the composition or 1067 contents of a Customer's Solid Waste, or a Customer' s trade secrets unless upon the 1068 authority of a law, or pursuant to written authorization of the Customer. 1069 2. No marketing. Contractor will not market or distribute mailing lists with the name or 1070 address of Customers. Contractor’s obligations under this subsection are in addition to any 1071 other privacy rights accorded Customers under Applicable Law. 1072 E. Regional Agency and RA Member Access to Billing Information. Contractor shall provide 1073 the Regional Agency an RA Members with prompt access to all current and up-to-date 1074 billing information necessary to allow the RA Members and Regional Agency to respond to 1075 customer inquiries or complaints or as otherwise required by the Regional Agency or RA 1076 Members. At the request of the Regional Agency or RA Members, Contractor shall provide 1077 “read only” electronic access to Contractor’s Customer billing and Customer service records 1078 such that the Regional Agency and RA Members employees can research billing inquiries 1079 and Customer account history or review the status of missed pick-ups, service complaints 1080 or matters subject to customer service. Contractor shall cooperate with the Regional 1081 Agency and RA Members to establish this “read only” function and shall ensure that each 1082 has access to Customer information in “real time.” 33 1083 7.2 CUSTOMER SERVICE
1084 A. Customer Service. Contractor shall at all times be in compliance with this Section 7.2 and 1085 with the provisions of the Customer Service Plan included in Contractor’s Proposal. 1086 Contractor shall revise, modify and otherwise update such Plan throughout the Term as it 1087 deems necessary, or as or as reasonably requested by the RA Members. 1088 B. Office Location and Hours. Contractor will have an operation and maintenance yard 1089 located at 1351 Pacheco Pass Highway, Gilroy, CA. Contractor will provide at least one 1090 location in each RA Member’s jurisdiction acceptable to the RA Representative where 1091 Customers can pay their bills in person. Contractor intends to use the following locations 1092 initially: Ace Cash Express located in Safeway in Hollister at 591 Tres Pinos Road; Windmill 1093 Market in San Juan Bautista at 301 The Alameda; and Paicines General Store located at 1094 12261 Airline Highway in Paicines. The Contractor office shall be open from 8 am to 5 pm 1095 Monday through Friday for the public to pay their bills or get customer service assistance. 1096 C. Local Telephone Number and Equipment. Contractor's principal office shall be accessible 1097 by a local (toll-free to Customers) telephone number at least during the office hours 1098 specified in Section 7.2.B and from 8:00 a.m. to noon on Saturdays. The telephone 1099 number shall be listed under Contractor’s name in the local telephone directory and as 1100 appropriate on Collection vehicles and Containers. The Contractor shall have sufficient 1101 equipment in place and staff to handle the volume of calls experienced on the busiest 1102 days and such telephone equipment shall be capable of recording the responsiveness 1103 (e.g., call hold-time, abandoned calls, etc.) to calls. Recording of Contractor’s 1104 responsiveness to calls shall include, at a minimum, all items included in the “Service 1105 Quality and Reliability” and “Customer Service” performance standards listed in 1106 Attachment G. An answering machine or voicemail service shall record Customer calls and 1107 voice messages between during hours the office is closed, or outside times calls are not 1108 being answered.
1109 D. Emergency Telephone Number. Contractor shall maintain an emergency telephone 1110 number for use outside Contractor's office hours. The emergency telephone number shall 1111 be listed as an emergency number under Contractor's name and under the Regional 1112 Agency and RA Members in the local telephone directory. Contractor shall have a 1113 representative, or an answering service to contact such representative, available at 1114 Contractor's emergency telephone number during all hours other than Contractor's office 1115 hours.
1116 E. Multilingual/TDD Service. Contractor shall at all times maintain the capability of 1117 responding to telephone calls in English, Spanish, and such other languages as the RA 1118 Members may direct, employing a service such as ATT Language Line. Contractor shall at 1119 all times maintain the capability of responding to telephone calls through 34 1120 Telecommunications Device for the Deaf (TDD) Services. These capabilities shall be 1121 maintained for both the local telephone number and the emergency telephone number. 1122 F. Website. Contractor shall develop a comprehensive website specific to the Regional 1123 Agency Service Area which fully explains and effectively promotes the Collection service 1124 options offered to its Customers. The website shall contain the full approved rate 1125 schedules as well as any other information that may be helpful to the RA Members and 1126 Customers in meeting the RA Member’s and Regional Agency’s Diversion goals. The 1127 website shall also allow Customers to submit inquiries, complaints and queries which shall 1128 be answered as provided for in the following paragraph. 1129 G. Service Requests, Compliments, Complaints. Contractor shall be responsible for the 1130 prompt and courteous attention to, and prompt and reasonable resolution of, all 1131 Customer service requests and complaints. Contractor shall record in a separate 1132 computerized log, approved as to form by Regional Agency Contract Manager, all 1133 complaints, noting the name and address of complainant, date and time of complaint, 1134 nature of complaint, and nature and date of resolution. The Contractor shall retain this 1135 complaint log for the Term plus three (3) years after its expiration or earlier termination. 1136 Upon request by the Regional Agency Contract Manager, Contractor shall compile and 1137 submit a summary statistical table of the complaint log. 1138 Contractor shall respond to all complaints received within twenty‐four (24) hours, 1139 weekends and Holidays excluded. If a complaint involves a failure to Collect Solid Waste, 1140 Recyclable Materials or Organic Materials from a Premises in the Regional Agency Service 1141 Area, Contractor shall Collect the material in question within twenty‐four (24) hours of 1142 receipt of the Complaint, provided that Generator has properly placed materials for 1143 Collection.
1144 The Contractor shall also maintain, at least for the first year of the Agreement, an office 1145 within San Benito County for its commercial outreach staff. 1146 7.3 RECORD KEEPING AND REPORTING
1147 A. Record Keeping.
1148 As set forth in this Article, Contractor shall submit reports to the Regional Agency and RA 1149 Members on Solid Waste Collection and Disposal, Recyclable Materials Collection, 1150 Processing and marketing, and Organic Materials Collection, Processing and marketing to 1151 assist the Regional Agency in meeting the reporting requirements of AB 939, AB 341, AB 1152 1826 and other Applicable Law.
1153 Contractor shall maintain accounting, statistical, operational, and other records related to 1154 its performance as shall be necessary to provide reporting under the Act and demonstrate 1155 compliance with this Agreement. Unless otherwise required in this Article, Contractor 35 1156 shall retain all records and data required to be maintained by this Agreement for the Term 1157 of this Agreement plus three (3) years after its expiration or earlier termination. Records 1158 and data shall be in chronological and organized form and readily and easily interpreted. 1159 Upon request, any such records shall be retrieved in a timely manner by Contractor and 1160 made available to the Regional Agency Contract Manager. Contractor shall maintain 1161 adequate record security to preserve records from events that can be reasonably 1162 anticipated such as a fire, theft, and an earthquake. Electronically‐maintained data and 1163 records shall be protected and backed‐up.
1164 B. Report Submittal Requirements
1165 Contractor shall submit quarterly reports within thirty (30) calendar days after the end of 1166 the calendar quarter. Contractor shall submit annual reports no later than forty‐five (45) 1167 calendar days after the end of each calendar year. Quarterly and annual reports shall, at a 1168 minimum, include all data and information as described in Attachment D. 1169 Contractor may propose report formats that are responsive to the objectives and 1170 audiences for each report. The format of each report shall be approved by the Agency 1171 Contract Manager and such approval shall not be unreasonably withheld. Regional Agency 1172 Contract Manager may, from time to time during the Term, review and request changes to 1173 Contractor’s report formats and content and Contractor shall not unreasonably deny such 1174 requests.
1175 Contractor shall submit (via mail and e‐mail) all reports to the Regional Agency Contract 1176 Manager with a copy to the RA Members.
1177 The Regional Agency reserves the right to require Contractor to provide additional reports 1178 or documents as Agency Contract Manager reasonably determines to be required for the 1179 administration of this Agreement or compliance with Applicable Law. 1180 7.4 INSPECTION BY REGIONAL AGENCY; PERFORMANCE REVIEWS 1181 A. General. The RA Members reserve the right to inspect any and all of Contractor’s facilities 1182 at any time during normal business hours, without notice, and at any other time with 1183 reasonable notice.
1184 B. Performance Review. The Regional Agency may conduct two performance reviews during 1185 the Term of this Agreement within 90 days of the third and sixth anniversary of the 1186 Commencement Date. The review shall examine all aspects of Contractor’s performance 1187 of this Agreement and may include a performance audit pursuant to Section 7.4.C. The 1188 Contractor shall reimburse the RA Members for the reasonable costs of such performance 1189 reviews within 30 days after the RA Members’ delivery of an invoice for the charges, up to 1190 a maximum for each performance review of Twenty-Five Thousand Dollars ($25,000) in 1191 the aggregate for all RA Members and Regional Agency combined. 36 1192 C. Performance Audits. Performance and service quality audits and evaluations may be 1193 conducted or caused to be conducted by the RA Members at their discretion and cost 1194 throughout the term of this Agreement. The reports required by this Agreement and the 1195 Contractor's ability or inability to achieve Diversion goals may be utilized as a basis of 1196 review. Such audits may include, but shall not be limited to analyses of both financial and 1197 qualitative performance of Contractor and Contractor’s operations and compliance with 1198 the performance standards in Attachment G. If any noncompliance with the Agreement is 1199 found, the RA Members may direct the Contractor to correct the inadequacies in 1200 accordance with the terms of this Agreement. If the Contractor fails to correct the 1201 noncompliance items, said failure will be considered a default under this Agreement. 1202 Contractor shall cooperate fully with the RA Members in conducting such evaluations and 1203 audits. The Contractor’s cost of cooperating with such audits and correcting any 1204 noncompliance with this Agreement shall be borne by Contractor. 1205 ARTICLE 8: FRANCHISE FEES AND OTHER FEES
1206 8.1 FRANCHISE FEE
1207 In consideration of the rights provided Contractor herein, including the right to use RA Member’ streets 1208 and property, Contractor shall pay franchise fees to each RA Member each quarter equal to the 1209 following percent of Gross Receipts for all services performed under this Agreement: 5% for City of 1210 Hollister, 10% for residential in San Juan Bautista and 15% for commercial, and 5% for County of San 1211 Benito.
1212 This fee will include an amount to cover an in-lieu property tax payment of at least $10,154 if the 1213 Contractor’s operation and maintenance yard is located outside the County. This fee may be adjusted by 1214 governing body resolution.
1215 8.2 AB 939 FEE AND OTHER STATUTORY FEES
1216 The Contractor shall pay an AB 939/Statutory fee to each RA Member each quarter. The amount of the 1217 AB 939/Statutory fee shall be a percent of Gross Receipts as follows for all services performed under this 1218 Agreement and shall be paid in equal quarterly installments: 5% for City of Hollister, 2.5% for San Juan 1219 Bautista, and 4.5% for County of San Benito.
1220 The amount of the AB 939/Statutory fee will be equal to or less than the costs of Regional Agency and 1221 RA Members’ programs, pilot studies, education and outreach campaigns, reporting, compliance, and 1222 other activities involved in complying with AB 939 or other existing or future statutory requirements 1223 related to solid waste and recycling, such as AB 341 and AB 1826. Each RA Member will use the AB 1224 939/Statutory fee to offset such costs.
37 1225 8.3 HHW FEE
1226 The Contractor shall pay an HHW fee to the Regional Agency each quarter. The amount of the HHW fee 1227 shall be 2.5% percent of Gross Receipts for all residential services for all RA Members performed under 1228 this Agreement. The amount of the HHW fee will be equal to or less than the costs of Household 1229 Hazardous Waste programs and facilities that benefit all Single‐Family and Multi‐Family Residential 1230 Customers. The Regional Agency will use the HHW fee to offset such costs. If all or a portion of this fee 1231 is incorporated into the charges imposed by Contractor on Customers, it shall only affect the charges 1232 paid by Single‐Family and Multi‐Family Residential Customers. 1233 8.4 LITTER ABATEMENT FEE
1234 As an amenity provided to RA Members as part of the good will Contractor seeks to establish with the 1235 RA Members, Contractor voluntarily agrees to pay a Litter abatement fee to each RA Member each 1236 quarter. The amount of the Litter abatement fee shall be the following percent of Gross Receipts for all 1237 services performed under this Agreement and shall be paid in equal quarterly installments: 1.5% for City 1238 of Hollister, 1% for San Juan Bautista, and 1% for County of San Benito. 1239 This fee will help reimburse the RA Member for the cost of street sweeping, and other activities related 1240 to minimizing or abating litter within the RA Member and/or complying with RA Member’s National 1241 Pollutant Discharge Elimination System permit requirements regarding eliminating Solid Waste from 1242 storm water run‐off.
1243 8.5 ADJUSTMENT TO FEES
1244 The Regional Agency and individual RA Members may set other fees or adjust the fees established in this 1245 Article from time‐to‐time during the Term of this Agreement and such adjustments shall be included in 1246 the adjustment of Rates as described in Attachment E. 1247 The amounts of the Franchise Fee, AB 939/Statutory Fee, HHW Fee, and Litter Abatement Fee in 1248 subsequent Rate Periods shall be adjusted annually in accordance with the adjustment method 1249 described in Attachment E or shall be the amount specified by the RA Members. 1250 8.6 PAYMENT SCHEDULE AND LATE FEES
1251 Within thirty (30) calendar days of the end of each calendar quarter, during the Term of this Agreement, 1252 Contractor shall remit to the Regional Agency and individual RA Members as applicable all fees as 1253 described in this Article. If such remittance is not paid to the Regional Agency and RA Members on or 1254 before the thirtieth (30th) calendar day following the end of a calendar quarter, all fees due shall be 1255 subject to a delinquency penalty of one and one-half percent (1.5%), which attaches on the first day of 1256 delinquency. The delinquency penalty shall be increased an additional one and one-half percent (1.5%) 1257 for each additional month the payment remains delinquent. 1258 Each quarterly remittance to the Regional Agency and individual RA Members shall be accompanied by a 1259 statement listing the amount of each fee paid; calculation of each fee; and, statement of Gross Receipts, 38 1260 by Customer Type for the period collected from all operations conducted or permitted by this 1261 Agreement. The Regional Agency Contract Manager may, at any time during the Term, request a 1262 detailed calculation of Gross Receipts which may include, but is not necessarily limited to, the number of 1263 Customers charged at each Service Level and Rate charged for each billing period. 1264 The Regional Agency Contract Manager may, at any time during the Term, perform an audit of 1265 Contractor’s billings and payment of fees. Contractor shall cooperate with the Regional Agency Contract 1266 Manager in any such audit. Should the Regional Agency or its agent perform this review and identify 1267 billing errors or other errors in payment of fees valued at one (1) percent or more of Gross Receipts, 1268 Contractor shall, in addition to compensating the Regional Agency and individual RA Members as 1269 applicable for lost fees, reimburse the Regional Agency’s cost of the review. 1270 ARTICLE 9: CONTRACTOR'S COMPENSATION AND RATE SETTING 1271 9.1 GENERAL
1272 The Contractor’s compensation for performance of all its obligations under this Agreement shall be 1273 Gross Receipts. Contractor's compensation provided for in this Article is the full, entire and complete 1274 compensation due to Contractor pursuant to this Agreement for all labor, equipment, materials and 1275 supplies, Processing and Disposal fees, fees due to the Regional Agency and individual RA Members as 1276 applicable, taxes, insurance, bonds, overhead, operations, profit, and all other things necessary to 1277 perform all the services required by this Agreement in the manner and at the times prescribed. Nothing 1278 herein shall obligate the Regional Agency or the RA Members to provide any compensation to 1279 Contractor beyond Gross Receipts.
1280 If Contractor’s actual costs, including fees due to Agency, are more than Gross Receipts, Contractor shall 1281 not be compensated for the difference in actual costs and actual Gross Receipts. If Contractor’s actual 1282 costs are less than the actual Gross Receipts, Contractor shall retain the difference provided that 1283 Contractor has paid Regional Agency and RA Member fees pursuant to Article 8. 1284 Under this Agreement, Contractor shall have the right and obligation to charge and collect from 1285 Customers, Rates in Attachment F3 that are approved by the RA Members for provision of services to 1286 Customers. The Rates for Rate Period One are based on the Contractor’s Proposal. Contractor’s 1287 proposed costs and operating assumptions for Rate Period One are presented in Attachment F2. 1288 9.2 RATES AND ANNUAL ADJUSTMENTS
1289 A. General. The RA Members shall be responsible for approving Rates as described in this 1290 Article. If at any time during the Term of the Agreement, the Contractor determines the 1291 need for a Rate that does not appear on the RA Member‐approved Rate schedule in 1292 Attachment F3, Contractor shall immediately notify the Regional Agency and RA Members 39 1293 and request establishment of such Rate. For example, if a Customer requires Collection of 1294 Organic Materials in a fifteen (15) cubic yard Compactor five (5) times per week and the 1295 RA Member‐approved Rate schedule does not include this level of service, the 1296 Contractor must request that the RA Member approve a Rate for this level ofservice. 1297 B. Rates for Rate Period One. Rates for Rate Period One, which are presented in Attachment 1298 F3, were determined by Contractor and RA Members and were approved by RA Members 1299 resolution on or before the execution of the Agreement. The Rates for Rate Period 1300 One shall be effective from the Commencement Date of this Agreement through June 1301 30, 2019.
1302 C. Rates for Subsequent Rate Periods. Rates for subsequent Rate Periods shall be adjusted 1303 annually in accordance with this Section 9.2 and Attachment E. 1304 The index‐based adjustment, which is described in Attachment E1, involves use of various 1305 cost adjustment factors (such as the percentage change in the consumer price index and 1306 percentage change in the Approved Facility tipping fees) to calculate adjusted Rates. Such 1307 Rate adjustment calculations shall be performed in strict conformance to the procedures 1308 described in Attachment E1.
1309 D. Rate Structure. The Regional Agency and RA Members and Contractor shall meet and 1310 confer to change the relationship of individual Rates in comparison with other Rates. Any 1311 such changes would occur in conjunction with the annual Rate adjustment process 1312 described in Section 9.2.C or in conjunction with a Rate adjustment resulting from an 1313 extraordinary Rate adjustment in accordance with Section 9.3. Changes to the Rates 1314 charged under the new structure shall be calculated in such a way that the revised Rate 1315 structure generates at least the same amount of total revenue when the number of 1316 accounts at each Service Level are multiplied by the Rates charged for each Service 1317 Level and the totals for all Service Levels are summed. 1318 E. Low Income Rates. Contractor shall offer discounted Rates to low income Customers 1319 subscribing to 20 or 32‐gallon service with the Contractor. The low-income Rate shall 1320 only apply to Single‐Family Customers who demonstrate participation in the PG&E 1321 “Lifeline” program or other comparable utility program offering discounts based on a low1322 income qualification. 1323 9.3 EXTRAORDINARY RATE ADJUSTMENTS
1324 It is understood that the Contractor accepts the risk for changes in cost of providing services and the 1325 Service Levels requested by Customers and therefore the extraordinary adjustments to Rates shall be 1326 limited to a Change in Law or an RA Member‐directed change in scope. If a Change in Law or RA 1327 Member‐ directed change in scope (pursuant to Section 5.5) occurs, the Contractor may petition the RA 1328 Members for an adjustment to the Rates in excess of the annual adjustment described in Section 9.2. 40 1329 Contractor shall prepare an application for the extraordinary Rate increase. Such submittal shall be 1330 prepared in compliance with the procedures described in Attachment E1 and shall provide all 1331 information requested by the Regional Agency Contract Manager specific to the nature of the request 1332 being made. Contractor shall pay all reasonable costs incurred by the RA Members, including the costs 1333 of outside accountants, attorneys, and/or consultants, in order to make a determination of the 1334 reasonableness of the requested Rate adjustment, up to a maximum for each extraordinary Rate 1335 increase request of Ten Thousand Dollars ($10,000) in the aggregate for all RA Members and Regional 1336 Agency combined. The application shall clearly document the reason for the proposed adjustment, 1337 include calculation of the proposed Rate adjustments, and provide supporting documentation. 1338 If Contractor provides reasonable evidence that a Change in Law or RA Member-directed change has 1339 occurred or will occur, that such change will result in an increase in Contractor’s costs of performing this 1340 Agreement, and that such increased costs are reasonable, then Contractor shall be entitled to an 1341 adjustment in rates sufficient to cover such increased costs. 1342 The Regional Agency Contract Manager shall have the right to request any other information that they, 1343 in their sole judgment, determine is necessary to establish the reasonableness or accuracy of 1344 Contractor’s request for an extraordinary Rate increase. Contractor’s failure to fully cooperate in a 1345 timely manner with any reasonable request for information by the Regional Agency Contract Manager 1346 may result in either the denial of or a delay in the approval of the request for an extraordinary Rate 1347 increase.
1348 9.4 PERFORMANCE INCENTIVES AND DISINCENTIVES
1349 Contractor shall submit an annual report on the Performance Incentives and Disincentives detailed in 1350 Attachment H with submittal of its annual reports to the Regional Agency Contract Manager and RA 1351 Members pursuant to Section 7.3B. Contractor shall pay the RA Member, or the RA Member shall pay 1352 Contractor the net amount, if any, due for Performance Incentives and Disincentives calculated pursuant 1353 to Section 11.6, and Attachment H.
1354 ARTICLE 10: INDEMNIFICATION, INSURANCE AND PERFORMANCE BOND 1355 10.1 INDEMNIFICATION
1356 A. General. Contractor shall indemnify, defend with counsel acceptable to the RA Members, 1357 and hold harmless (to the full extent permitted by law) each RA Member and the Regional 1358 Agency and its officers, officials, employees, volunteers, and agents from and against any 1359 and all claims, liability, loss, injuries, damage, expense, and costs (including without 1360 limitation costs and fees of litigation, including attorneys’ and expert witness fees) 1361 (collectively, “Damages”) of every nature arising out of or in connection with Contractor’s 1362 performance under this Agreement, or its failure to comply with any of its obligations 41 1363 contained in the Agreement, except to the extent such loss or damage was caused by the 1364 sole negligence or willful misconduct of an RA Member or the Regional Agency. 1365 Contractor’s duty to defend and indemnify herein shall include for Damages arising from 1366 or attributable to any operations, repairs, clean-up or detoxification, or other plan 1367 (regardless of whether undertaken due to governmental action) concerning any Excluded 1368 Waste collected in the Service Area. The foregoing is intended to operate to defend and 1369 indemnify and hold harmless indemnitees to the full extent permitted for liability 1370 pursuant to 107(e) of CERCLA, 42 U.S.C. 9607(e) and California Health and Safety Code 1371 25364. In addition, Contractor’s duty to defend and indemnify herein includes all fines 1372 and/or penalties imposed by the California Department of Resources Recycling and 1373 Recovery, subject to the restrictions set forth in Public Resources Code section 40059.1, if 1374 the requirements of AB 939 or AB 341 are not met by the Contractor with respect to the 1375 waste stream collected under this Agreement, and such failure is (i) due to the failure of 1376 Contractor to meet its obligations under this Agreement, or (ii) due to Contractor delays in 1377 providing information that prevents Contractor or RA Members or the Regional Agency 1378 from submitting reports required by AB 939 or AB 341 in a timely manner. The provisions 1379 of this Section shall survive the termination or expiration of this Agreement. 1380 B. AB 939, AB 341, AB 1846 and Local Ordinance Compliance 1381 Contractor shall perform all education, outreach, monitoring, and reporting for all 1382 Commercial and Residential, including Multi-Family, properties as required by AB 939, 1383 AB 1826, AB 341, and any RA Member or Regional Agency ordinance, solely as set out in 1384 Section 5.1, and in Attachment B. Contractor has developed, and shall implement and 1385 update as necessary a Diversion Plan as provided that, among other things supports and 1386 educates Multi-Family and Commercial Customers on both State and local requirements. 1387 Contractor shall provide all necessary reporting relating to the Regional Agency's 1388 compliance requirements pertaining to AB 939, AB 1826 and AB 341, and as it affects the 1389 County's Integrated Waste Management Plan, solely as required by Section 7.3 and 1390 Attachment D.
1391 C. Excluded Waste. Contractor acknowledges that it is responsible for compliance during the 1392 entire Term of this Agreement with all Applicable Laws. Contractor shall not store, 1393 transport, use, or Dispose of any Excluded Waste except in strict compliance with all 1394 Applicable Laws.
1395 In the event that Contractor negligently or willfully mishandles Excluded Waste in the 1396 course of carrying out its activities under this Agreement, Contractor shall at its sole 1397 expense promptly take all investigatory and/or remedial action reasonably required for 1398 the remediation of such environmental contamination. Prior to undertaking any 1399 investigatory or remedial action, however, Contractor shall first obtain the Regional 1400 Agency Contract Manager’s approval of any proposed investigatory or remedial action. 42 1401 Should Contractor fail at any time to promptly take such action, the RA Members may 1402 undertake such action at Contractor’s sole cost and expense, and Contractor shall 1403 reimburse the RA Members for all such expenses within thirty (30) calendar days of being 1404 billed for those expenses, and any amount not paid within that thirty (30) calendar day 1405 period shall thereafter be deemed delinquent and subject to the delinquent fee payment 1406 provision of Section 7.1. These obligations are in addition to any defense and indemnity 1407 obligations that Contractor may have under this Agreement. The provisions of this Section 1408 shall survive the termination or expiration of this Agreement. 1409 Notwithstanding the foregoing, Contractor’s duties under this subsection shall not extend 1410 to any claims arising from the Disposal of Solid Waste at the Approved Disposal Facility, 1411 including, but not limited to, claims arising under Comprehensive Environmental 1412 Response, Compensation and Liability Act (CERCLA) unless such claim is a direct result of 1413 Contractor’s negligence or willful misconduct or Contractor owns or operates the 1414 Approved Disposal Facility.
1415 D. Environmental Indemnity. Contractor shall defend, indemnify, and hold each RA Member 1416 and the Regional Agency harmless against and from any and all claims, suits, losses, 1417 penalties, damages, and liability for damages of every name, kind and description, 1418 including attorneys’ fees and costs incurred, attributable to the negligence or willful 1419 misconduct of Contractor in handling Excluded Waste. 1420 E. Related to Propositions 218 and 26. Should there be a Change in Law or a new judicial 1421 interpretation of Applicable Law, including, but not limited to, Article XIII C and D of the 1422 California Constitution (Commonly Proposition 218 and Proposition 26), which impacts 1423 the RA Members’ ability to set or change Rates for the Collection services established in 1424 accordance with this Agreement, Contractor agrees to meet and confer with the RA 1425 Members to discuss the impact of such Change in Law on either Party’s ability to perform 1426 under this Agreement.
1427 The RA Members shall not be in default of this Agreement, if it is determined by a court of 1428 competent jurisdiction, that RA Members lack the authority to set Rates or increase Rates 1429 for charges related to providing Collection services under this Agreement. Should a court 1430 of competent jurisdiction determine that the Contractor cannot charge and/or increase its 1431 Rates for any charges incorporated into the Rates under this Agreement, Contractor shall 1432 reduce the Rates it charges Customers a corresponding amount, providing said fees, Rates 1433 and/or charges disallowed by the court are not related to the cost of providing service 1434 hereunder and had been incorporated in the Rates charged by Contractor to its 1435 Customers.
1436 Nothing herein is intended to imply that California Constitution, Articles XIIIC or XIIID, 1437 apply to the Rates established for services provided under this Agreement; rather this 43 1438 Section is provided merely to allocate risk of an adverse judicial interpretation between 1439 theParties.
1440 This provision (i.e., Section 10.1) will survive the expiration or earlier termination of this 1441 Agreement and shall not be construed as a waiver of rights by each RA Member and the 1442 Regional Agency to contribution or Indemnity from third parties. 1443 10.2 INSURANCE
1444 A. General Requirements. Contractor shall, at its sole cost and expense, maintain in effect 1445 always during the Term of this Agreement not less than the following coverage and limits 1446 of insurance:
1447 B. Coverages and Requirements. During the Term of this Agreement, Contractor shall at all 1448 times maintain, at its expense, the following coverages and requirements. The 1449 comprehensive general liability insurance shall include broad form property damage 1450 insurance.
1451 1. Minimum Coverages. Insurance coverage shall be with limits not less than the following:
1452 Comprehensive General Liability – $5,000,000 combined single limit per occurrence for 1453 bodily injury, personal injury, and property damage. The general liability policy must 1454 provide contractual liability coverage for Contractor’s indemnities. 1455 Comprehensive Automobile Liability – $5,000,000 combined single limit per accident for 1456 bodily injury and property damage (include coverage for Hired and Non‐ownedvehicles). 1457 Environmental liability/Pollution - $5,000,000 per occurrence covering loss (including 1458 cleanup costs) that Contractor becomes legally obligated to pay as a result of claims for 1459 bodily injury, property damage, and cleanup costs (including expenses required by 1460 environmental laws or incurred by federal, state, or local governments or third parties) 1461 resulting from pollution conditions caused by transported cargo (including waste). For the 1462 purposes of this subsection, “pollution conditions” includes the dispersal, discharge, 1463 release, or escape of any solid, liquid, gaseous, or thermal irritant or contaminant (such as 1464 smoke, vapors, soot, fumes, acids, alkalis, toxic chemicals, medical waste, and waste 1465 materials) into or upon land, any structure on land, the atmosphere, or any watercourse 1466 or body of water (including groundwater), provided the conditions are not naturally 1467 present in the environment in the amounts or concentrations discovered. 1468 The liability coverage for pollution must provide contractual liability coverage, by 1469 endorsement or schedule, if necessary, for Contractor Indemnities. 1470 Workers’ Compensation – Statutory Limits/Employers’ Liability ‐ $1,000,000/accident for 1471 bodily injury or disease.
44 1472 Crime/Employee Dishonesty Insurance (covering theft of money or other property of any 1473 RA Member for which Contractor is legally liable, by any employee of Contractor or any 1474 third party) - $5,000,000 per occurrence.
1475 If Contractor fails to secure and maintain any insurance required by this Agreement, at its 1476 sole option each RA Member or the Regional Agency may secure and maintain that 1477 insurance at their expense and Contractor will pay them their RA Member’s 1478 reimbursement costs therefore. This remedy is in addition to each RA Member’s right to 1479 declare a Default under Section 11.1 and terminate this agreement under Section 11.2. 1480 2. Additional Insured. Each RA Member and the Regional Agency, its officers, agents, 1481 employees, and volunteers shall be named as additional insured on all but the workers’ 1482 compensation and professional liability coverages. 1483 3. Said policies shall remain in force through the life of this Agreement and, with the 1484 exception of professional liability coverage, shall be payable on a “per occurrence” basis 1485 unless the Regional Agency’s Risk Manager specifically consents in writing to a “claims 1486 made” basis. For all “claims made” coverage, in the event that the Contractor changes 1487 insurance carriers Contractor shall purchase “tail” coverage or otherwise provide for 1488 continuous coverage covering the Term of this Agreement and not less than three (3) 1489 years thereafter. Proof of such “tail” or other continuous coverage shall be required at 1490 any time that the Contractor changes to a new carrier prior to receipt of any payments 1491 due.
1492 4. The Contractor shall declare all aggregate limits on the coverage before commencing 1493 performance of this Agreement, and the Regional Agency’s Risk Manager reserves the 1494 right to require higher aggregate limits to ensure that the coverage limits required for 1495 this Agreement as set forth above are available throughout the performance of this 1496 Agreement
1497 5. The deductibles or self‐insured retentions are for the account of Contractor and shall be 1498 the sole responsibility of the Contractor.
1499 6. Each insurance policy shall provide or be endorsed to state that coverage shall not be 1500 suspended, voided, canceled by either Party, reduced in coverage or in limits except 1501 after thirty (30) calendar days prior written notice by certified mail, return receipt 1502 requested, has been given to the Regional Agency Contract Manager ten (10) Business 1503 Days for delinquent insurance premiumpayments).
1504 7. Insurance is to be placed with insurers with a current A.M. Best Company, Inc. rating of no 1505 less than A‐VII, unless otherwise approved by the Regional Agency RiskManager. 45 1506 8. The policies shall cover all activities of Contractor, its officers, employees, agents and 1507 volunteers arising out of or in connection with thisAgreement. 1508 9. For any claims relating to this Agreement, the Contractor’s insurance coverage shall be 1509 primary, including as respects each RA Member and the Regional Agency, its officers, 1510 agents, employees, and volunteers. Any insurance maintained by each RA Member 1511 and the Regional Agency shall apply in excess of, and not contribute with, insurance 1512 provided by Contractor’s liability insurancepolicy. 1513 10. The Contractor shall waive all rights of subrogation against each RA Member and the 1514 Regional Agency, its officers, employees, agents, and volunteers. 1515 11. Insurance Coverage Requirements for Subcontractors. Contractor will ensure all 1516 Subcontractors performing Collection by providing evidence that either:
1517 (1) Contractor is maintaining insurance required by this Section covering the activities of 1518 Subcontractors, or
1519 (2) those Subcontractors are maintaining that insurance. 1520 At the RA Representative's request, Contractor will promptly provide the RA 1521 Representative with copies of evidence of Subcontractor insurance coverage within 10 1522 days of being insured and/or within 10 days of the RA Representative’s request. 1523 C. Evidence of Coverage. Contractor will deliver certificates of insurance, original 1524 endorsements, schedules and other evidence of coverage as required by this agreement 1525 and/or requested by and acceptable to at the RA Representative, at the following times:
1526 (1) on or before the Agreement Execution Date,
1527 (2) promptly upon renewal of policies, and
1528 (3) within 10 days of the RA Representative's request. 1529 The certificates or endorsements are to be signed by a Person authorized by that insurer 1530 to bind coverage on its behalf. All certificates or endorsements are to be received by, and 1531 are subject to the approval of, the Regional Agency Risk Manager before work 1532 commences.
1533 1. Certificates of Insurance. Contractor will provide Certificates (or other evidence of 1534 coverage) containing at a minimum, the following information:
1535 (1) Agreement name: specifically identify this Agreement (for example, UNDER 1536 DESCRIPTION OF OPERATIONS), and if necessary to secure contractual liability coverage as 46 1537 an "insured contract" or otherwise, include a schedule or endorsement that specifically 1538 identifies this Agreement;
1539 (2) Types, policy numbers, policy effective / expiration dates and limits: clearly evidence 1540 all types and limits of coverage required under this Agreement, together with the 1541 following:
1542 - policy numbers,
1543 - effective / expiration dates, and
1544 - certificate of insurance that clearly evidences the required type of coverage (such as 1545 “pollution liability" under TYPE OF INSURANCE - OTHER) together with a summary 1546 description of its coverage (such as "pollution conditions caused by transported cargo" 1547 under SPECIAL PROVISIONS);
1548 (3) 30 days' cancellation notice: contain the express condition that each RA Member and 1549 the Regional Agency must be given written notice by mail at least 30 days in advance of 1550 cancellation for all policies evidenced on the certificate of insurance. Endorsements 1551 cannot contain mere "best effort" modifiers or relieve the insurer from its responsibility to 1552 give that notice and the cancellation information on the certificate of insurance must 1553 delete language such as "failure to do so shall impose no obligation or liability of any kind 1554 upon the insurer, its agents or representatives".
1555 (4) Deductibles and self-insured retentions: identify any deductibles and self-insured 1556 retention. Upon request of the RA Representative, Contractor will reduce any self-insured 1557 retention as it applies to any RA Member or provide a letter of credit, certificate of 1558 deposit or other financial assurance acceptable to the RA Representative guaranteeing 1559 payment of all retained losses and related costs and expenses related to investigations, 1560 claims administrations, and legal defense. The letter of credit or certificate of deposit 1561 must be provided by a bank satisfactory to the RA Representative; and 1562 (5) Claims made: if any insurance coverage is written on a claims-made form (such as 1563 pollution liability), evidence that the "retro date" is before the Agreement Execution Date. 1564 Contractor must maintain that coverage for at least 5 years after the Termination Date 1565 and provide each RA Member promptly with evidence of that coverage at each RA 1566 Member direction. THIS PROVISION SURVIVES THE TERMINATION OF THIS AGREEMENT; 1567 and
1568 2. Endorsements: Contractor must provide copies of the following endorsements or other 1569 documentation satisfactory to the RA Representative:
1570 (1) additional insured endorsement to each liability policy, explicitly adding each RA 1571 Member, the Regional Agency and their respective "officers and employees" as insured; 47 1572 (2) waiver of subrogation; and
1573 (3) insurance is primary and not contributing with any other insurance or self32 insurance 1574 programs maintained by an RA Member, the Regional Agency, and their respective 1575 officers and employees.
1576 3. Schedules: Contractor must provide schedules or other evidence that liability policies 1577 provide contractual liability coverage for Indemnities, such as listing this Agreement as an 1578 "insured contract”.
1579 4. Sitmature Verification. At the RA Representative's request, Contractor must provide 1580 documentation verifying that the individual signing or countersigning the certificates, 1581 policies, endorsements, or other evidence of coverage is authorized to do so and identifies 1582 his or her company affiliation and title. The RA Representative may require complete, 1583 certified copies of Contractor's insurance policies at any time. 1584 D. Renewals. During the Term of this Agreement, Contractor shall furnish the Regio nal 1585 Agency Contract Manager with certificates or original endorsements reflecting renewals, 1586 changes in insurance companies, and any other documents reflecting the maintenance of 1587 the required coverage throughout the entire Term of this Agreement. The certificates or 1588 endorsements are to be signed by a Person authorized by that insurer to bind coverage on 1589 itsbehalf.
1590 E. Workers' Compensation. Contractor shall provide workers’ compensation coverage as 1591 required by State law, and prior to the Effective Date pursuant to this Agreement, 1592 Contractor shall file the following statement with each RA Member and the Regional Agency. 1593 “I am aware of the provisions of Paragraph 3700 of the Labor Code that require every 1594 employer to be insured against liability for workers' compensation or to undertake 1595 self‐insurance in accordance with the provisions of that code, and I will comply with such 1596 provisions before commencing any services required by this Agreement. 1597 The Person executing this Certificate on behalf of Contractor affirmatively represents that 1598 she/he has the requisite legal authority to do so on behalf of Contractor, and both the 1599 Person executing this Agreement on behalf of Contractor and Contractor understand that 1600 each RA Member and the Regional Agency is relying on this representation in entering 1601 into thisAgreement.”
1602 F. Notice of Claims. If any Person makes a claim against Contractor or any Subcontractor 1603 exceeding the amount of any deductibles or self-insured retentions, Contractor will 1604 promptly notify the RA Representative thereof.
48 1605 G. Contractor Accounting. Contractor will institute a comprehensive accounting system 1606 satisfactory to the RA Representative to monitor all insurance requirements under this 1607 Agreement, including those of its Subcontractors.
1608 H. Contractor Compliance. Contractor will comply with all requirements of its insurance 1609 policies and insurers.
1610 10.3 PERFORMANCE BOND
1611 Within seven (7) calendar days of receiving notice that all the RA Members have executed this 1612 Agreement, Contractor shall file with the Regional Agency a bond, payable to each RA Member, securing 1613 the Contractor's performance of its obligations under this Agreement, and such bond shall be renewed 1614 annually if necessary so that the performance bond is maintained always during the Term. The principal 1615 sum of the bond shall be $625,000 for the County of San Benito, $1,270,000 for the City of Hollister and 1616 $45,000 for the City of San Juan Bautista and shall be adjusted every three (3) years, commencing with 1617 Rate Period Three, so that the bond amount equals three (3) months of the prior Rate Period’s annual 1618 Gross Receipts. The bond shall be executed as surety by a corporation authorized to issue surety bonds 1619 in the State of California that has a rating of A or better in the most recent edition of Best’s Key Rating 1620 Guide, and that has a record of service and financial condition satisfactory to the Agency. The bond shall 1621 be in the form attached as Attachment I.
1622 ARTICLE 11: DEFAULT AND REMEDIES
1623 11.1 EVENTS OF DEFAULT
1624 All provisions of the Agreement are considered material. Each of the following shall constitute an event 1625 of default.
1626 A. Fraud or Deceit. Contractor practices, or attempts to practice, any fraud or deceit upon 1627 the Regional Agency or RA Members.
1628 B. Insolvency or Bankruptcy. Contractor becomes insolvent, unable, or unwilling to pay its 1629 debts, or upon listing of an order for relief in favor of Contractor in a bankruptcy 1630 proceeding.
1631 C. Failure to Maintain Coverage. Contractor fails to provide or maintain in full force and 1632 affect the Workers' Compensation, liability, or indemnification coverage as required by 1633 this Agreement.
1634 D. Violations of Regulation. Contractor violates any orders or filings of any regulatory body 1635 having authority over Contractor relative to this Agreement, provided that Contractor may 1636 contest any such orders or filings by appropriate proceedings conducted in good faith, in 1637 which case no breach or default of this Agreement shall be deemed to have occurred 49 1638 unless and until the regulatory body or court determines Contractor violated such order or 1639 filing.
1640 E. Violations of Applicable Law. Contractor violates Applicable Law relative to this 1641 Agreement.
1642 F. Failure to Perform Direct Services. Contractor ceases to provide Collection, 1643 Transportation, or Processing services as required under this Agreement for a period of 1644 two (2) consecutive calendar days or more, for any reason within the control of 1645 Contractor.
1646 G. Failure to Pay or Report. Contractor fails to make any payments to the Regional Agency or 1647 RA Members required under this Agreement including payment of Regional Agency or RA 1648 Member fees or Liquidated Damages or refuses to provide the Regional Agency or RA 1649 Members with required information, reports, and/or records in a timely manner as 1650 provided for in the Agreement.
1651 H. Acts or Omissions. Any other act or omission by Contractor which violates the terms, 1652 conditions, or requirements of this Agreement, the Act, as it may be amended from time 1653 to time, or any law, statute, ordinance, order, directive, rule, or regulation issued there 1654 under and which is not corrected or remedied within the time set in the written notice of 1655 the violation or, if Contractor cannot reasonably correct or remedy the breach within the 1656 time set forth in such notice, if Contractor should fail to commence to correct or remedy 1657 such violation within the time set forth in such notice and diligently effect such correction 1658 or remedy thereafter.
1659 I. False, Misleading, or Inaccurate Statements. Any representation or disclosure made to 1660 the Regional Agency or RA Members by Contractor in connection with or as an 1661 inducement to entering into this Agreement, or any future amendment to this Agreement, 1662 which proves to be false or misleading in any material respect as of the time such 1663 representation or disclosure is made, whether or not any such representation or 1664 disclosure appears as part of this Agreement; and, any Contractor‐ provided report 1665 containing a misstatement, misrepresentation, data manipulation, or an omission of fact 1666 or content explicitly defined by the Agreement, excepting non‐numerical typographical 1667 and grammatical errors.
1668 J. Seizure or Attachment. There is a seizure of, attachment of, or levy on, some or all of 1669 Contractor’s operating equipment, including without limits its equipment, maintenance or 1670 office facilities, Approved Facility (ies), or any part thereof. 1671 K. Suspension or Termination of Service. There is any termination or suspension of the 1672 transaction of business by Contractor related to this Agreement, including without limit, 50 1673 due to labor unrest including strike, work stoppage or slowdown, sick‐out, picketing, or 1674 other concerted job action lasting more than two (2) calendar days. 1675 L. Criminal Activity. Contractor, its officers, managers, or employees are found guilty of 1676 criminal activity related directly or indirectly to performance of this Agreement or any 1677 other agreement held with the Regional Agency or RA Members. 1678 M. Assignment without Approval. Contractor transfers or assigns this Agreement without the 1679 expressed written approval of the RA Members unless the assignment is permitted 1680 without approval of each RA Member pursuant to Section 12.6. 1681 N. Failure to Provide Proposal or Implement Change in Service. Contractor fails to provide a 1682 proposal for new services or changes to services or fails to implement a change in service 1683 as requested by the RA Member as specified in Section 5.5. 1684 O. Failure to Perform Any Obligation. Contractor fails to perform any obligation established 1685 under this Agreement.
1686 11.2 RIGHT TO TERMINATE UPON EVENT OF DEFAULT
1687 Contractor shall be given ten (10) Business Days from written notification by the RA Member to cure any 1688 default which, in the RA Member’s sole opinion, creates a potential public health and safety threat. 1689 Contractor shall be given ten (10) Business Days from written notification by the RA Member to cure any 1690 default arising under subsections C, E, F, I, J, and K in Section 11.1 provided, however, that the RA 1691 Member shall not be obligated to provide Contractor with a notice and cure opportunity if the 1692 Contractor has committed the same or similar breach/default within a twenty‐four (24) month period. 1693 Contractor shall be given thirty (30) calendar days from written notification by the RA Member to cure 1694 any other default (which is not required to be cured within ten (10) Business Days); however, the RA 1695 Member shall not be obligated to provide Contractor with a notice and cure opportunity if the 1696 Contractor has committed the same or similar breach/default within a twenty‐four (24) month period. 1697 11.3 RA MEMBER’S REMEDIES IN THE EVENT OF DEFAULT
1698 Upon Contractor’s default, the RA Members have the following remedies in the event of Contractor 1699 default:
1700 A. Waiver of Default. The RA Members may waive any event of default or may waive 1701 Contractor’s requirement to cure a default event if the RA Members determine that such 1702 waiver would be in the best interest of the RA Members. RA Members’ waiver of an event 1703 of default is not a waiver of future events of default that may have the same or similar 1704 conditions.
51 1705 B. Suspension of Contractor’s Obligation. The RA Members may suspend Contractor’s 1706 performance of its obligations if Contractor fails to cure default in the time frame 1707 specified in Section 11.2 until such time the Contractor can provide assurance of 1708 performance in accordance with Section 11.8.
1709 C. Liquidated Damages. The RA Members may assess Liquidated Damages for Contractor’s 1710 failure to meet specific performance standards pursuant to Section 11.6 and Attachment 1711 G.
1712 D. Termination. In the event that Contractor should default and subject to the right of the 1713 Contractor to cure, in the performance of any provisions of this Agreement, and the 1714 default is not cured for any default within ten (10) calendar days if the default creates a 1715 potential public health and safety threat or arises under Section 11.1.C., E, F, I, J, or K, or 1716 otherwise thirty (30) calendar days after receipt of written notice of default from the RA 1717 Members, then the RA Members may, at their option, terminate this Agreement and/or 1718 hold a hearing at its governing body meeting to determine whether this Agreement 1719 should be terminated. In the event RA Members decides to terminate this Agreement, the 1720 RA Members shall serve twenty (20) calendar days written notice of its intention to 1721 terminate upon Contractor. In the event RA Member exercises its right to terminate this 1722 Agreement, the RA Members may, at their option, upon such termination, either directly 1723 undertake performance of the services or arrange with other Persons to perform the 1724 services with or without a written agreement. This right of termination is in addition to 1725 any other rights of the RA Members upon a failure of Contractor to perform its obligations 1726 under this Agreement.
1727 Contractor shall not be entitled to any further revenues from Collection operations 1728 authorized hereunder from and after the date of termination. 1729 E. Other Available Remedies. The RA Members’ election of one (1) or more of the remedies 1730 described herein shall not limit the RA Members from all other remedies at law and in 1731 equity including injunctive relief, etc.
1732 11.4 POSSESSION OF RECORDS UPON TERMINATION
1733 In the event of termination for an event of default, the Contractor shall furnish the Regional Agency 1734 Contract Manager with immediate access to all its business records, including without limitation, 1735 proprietary Contractor computer systems, related to its Customers, Collection routes, and billing of 1736 accounts for Collection services.
1737 11.5 RA MEMBER’S REMEDIES CUMULATIVE; SPECIFIC PERFORMANCE 1738 The RA Member's rights to terminate the Agreement under Section 11.2, and to take possession of the 1739 Contractor's records under Section 11.4 are not exclusive, and the RA Member's termination of the 1740 Agreement and/or the imposition of Liquidated Damages shall not constitute an election of remedies. 52 1741 Instead, these rights shall be in addition to all other legal and equitable rights and remedies which the 1742 RA Members may have.
1743 By the nature of this Agreement, the urgency of timely, continuous, and high-quality service; the lead 1744 time required to effect alternative service; and, the rights granted by the RA Members to the 1745 Contractor, the remedy of damages for a breach hereof by Contractor is inadequate and the RA 1746 Members shall be entitled to injunctive relief (including but not limited to specific performance). 1747 11.6 PERFORMANCE STANDARDS AND LIQUIDATED DAMAGES
1748 A. General. The Parties find that as of the time of the execution of this Agreement, it is 1749 impractical, if not impossible, to reasonably ascertain the extent of damages which shall 1750 be incurred by the RA Members because of a breach by Contractor of its obligations under 1751 this Agreement. The factors relating to the impracticability of ascertaining damages 1752 include, but are not limited to, the fact that: (i) substantial damage results to members of 1753 the public who are denied services or denied quality or reliable service; (ii) such breaches 1754 cause inconvenience, anxiety, frustration, and deprivation of the benefits of the 1755 Agreement to individual members of the general public for whose benefit this Agreement 1756 exists, in subjective ways and in varying degrees of intensity which are incapable of 1757 measurement in precise monetary terms; (iii) that exclusive services might be available at 1758 substantially lower costs than alternative services and the monetary loss resulting from 1759 denial of services or denial of quality or reliable services is impossible to calculate in 1760 precise monetary terms; and, (iv) the termination of this Agreement for such breaches, 1761 and other remedies are, at best, a means of future correction and not remedies which 1762 make the public whole for past breaches.
1763 B. Service Performance Standards; Liquidated Damages for Failure to Meet Standards. The 1764 Parties further acknowledge that consistent, reliable Collection services are of utmost 1765 importance to the RA Members and that the RA Members have considered and relied on 1766 Contractor's representations as to its quality of service commitment in awarding the 1767 Agreement to it. The Parties recognize that some quantified standards of performance are 1768 necessary and appropriate to ensure consistent and reliable service and performance. The 1769 Parties further recognize that if Contractor fails to achieve the performance standards or 1770 fails to submit required documents in a timely manner, RA Members and its residents and 1771 businesses will suffer damages, and that it is, and will be, impractical and extremely 1772 difficult to ascertain and determine the exact amount of damages which the RA Members 1773 will suffer. Therefore, without prejudice to RA Members’ right to treat such 1774 non‐performance as an event of default under this Section, the Parties agree that the 1775 Liquidated Damages amounts established in Attachment G of this Agreement represent a 1776 reasonable estimate of the amount of such damages considering all of the circumstances 1777 existing on the Effective Date of this Agreement, including the relationship of the sums to 1778 the range of harm to the RA Members that reasonably could be anticipated and the 1779 anticipation that proof of actual damages would be costly or impractical. 53 1780 Contractor agrees to pay (as Liquidated Damages and not as a penalty) the amounts set 1781 forth in the Performance Standards and Liquidated Damages, Attachment G. 1782 In addition to considering the reports submitted by Contractor pursuant to Section 7.3, 1783 the RA Members may determine the occurrence of events giving rise to liquidated 1784 damages through the observation of its own employees or agents, through discussions 1785 with Customers, and through investigation of Customer complaints made directly to the 1786 Regional Agency or RA Members. Prior to assessing Liquidated Damages based on such 1787 observations or investigations, the Regional Agency shall give Contractor notice of its 1788 intention to do so. The notice will also include a brief description of the incident(s)/non1789 performance. Contractor may review (and make copies at its own expense) all non1790 confidential information in the possession of the Member Agencies or Regional Agency 1791 relating to incident(s)/non-performance. Contractor may, within ten (10) Days after 1792 receiving the notice, request a meeting with Regional Agency Contract Manager or his or 1793 her designee. Contractor may present evidence in writing and through testimony of its 1794 employees and others relevant to the incident(s)/non-performance. The Regional Agency 1795 Contract Manager or his or her designee will provide Contractor with a written 1796 explanation of her or her determination on each incident(s)/non-performance prior to 1797 authorizing the assessment of Liquidated Damages. The decision of the Regional Agency 1798 Contract Manager or his or her designee shall be final. 1799 C. Two‐Phase Performance Management. The Parties desire to minimize the time and cost 1800 involved in monitoring Contractor’s performance under this Agreement, particularly about 1801 the assessment of Liquidated Damages. Attachment G to this Agreement identifies each 1802 “Performance Area” for which the RA Members desire to establish performance standards 1803 for this Agreement. Contractor’s performance within each “Performance Area” shall be 1804 primarily monitored using the “Performance Indicator” described for each. The RA 1805 Members shall not assess Liquidated Damages for the “Specific Performance Measures” 1806 identified in Attachment G unless Contractor fails to meet the minimum standard for the 1807 “Performance Indicator” within the same “Performance Area”. 1808 D. Amount. The RA Members may assess Liquidated Damages for each calendar day or 1809 event, as appropriate, that Contractor is determined to be liable in accordance with this 1810 Agreement in the amounts specified in Attachment G subject to annual adjustment 1811 described below.
1812 E. Timing of Payment. Contractor shall pay any Liquidated Damages assessed by the RA 1813 Members within ten (10) Business Days of the date the Liquidated Damages are assessed. 1814 If they are not paid within the ten (10) Business Day period, RA Members may proceed 1815 against the performance bond required by the Agreement, order the termination of the 1816 rights or “franchise” granted by this Agreement, or all the above. 54 1817 11.7 EXCUSE FROM PERFORMANCE
1818 The Parties shall be excused from performing their respective obligations hereunder and from any 1819 obligation to pay Liquidated Damages to the extent and for the period of time they are prevented from 1820 so performing by reason of floods, earthquakes, other acts of nature, war, civil insurrection, riots, acts of 1821 any government (including judicial action), and other similar catastrophic events which are beyond the 1822 control of and not the fault of the Party claiming excuse from performance hereunder. In the case of 1823 labor unrest or job action directed at a third party over whom Contractor has no control, the inability of 1824 Contractor to provide services in accordance with this Agreement due to the unwillingness or failure of 1825 the third party to: (i) provide reasonable assurance of the safety of Contractor's employees while 1826 providing such services; or, (ii) make reasonable accommodations with respect to Container placement 1827 and point of Delivery, time of Collection, or other operating circumstances to minimize any 1828 confrontation with pickets or the number of Persons necessary to make Collections shall, to that limited 1829 extent, excuse performance. The foregoing excuse shall be conditioned on Contractor's cooperation in 1830 performing Collection services at different times and in different locations. Further, in the event of labor 1831 unrest, including but not limited to strike, work stoppage or slowdown, sickout, picketing, or other 1832 concerted job action conducted by the Contractor’s employees or directed at the Contractor, or a 1833 subsidiary, the Contractor shall not be excused from performance. In such case, Contractor shall 1834 continue to provide a reasonably satisfactory level of performance during the pendency thereof, but the 1835 Contractor shall not be required to adhere strictly to the specific requirements of this Agreement 1836 regarding routes, Collection times or similar matters; provided, however, that in no event shall more 1837 than seven (7) calendar days elapse between pickups for Residential and Commercial Customers. 1838 The Party claiming excuse from performance shall, within two (2) calendar days after such Party has 1839 notice of such cause, give the other Party notice of the facts constituting such cause and asserting its 1840 claim to excuse under this Section.
1841 If either Party validly exercises its rights under this Section, the Parties hereby waive any claim against 1842 each other for any damages sustained thereby.
1843 The partial or complete interruption or discontinuance of Contractor's services caused by one (1) or 1844 more of the events described in this Section shall not constitute a default by Contractor under this 1845 Agreement. Notwithstanding the foregoing, however, if Contractor is excused from performing its 1846 obligations hereunder for any of the causes listed in this Section for a period of thirty (30) calendar days 1847 or more, each RA Member shall nevertheless have the right, in its sole discretion, to terminate this 1848 Agreement by giving ten (10) Business Days’ notice to Contractor, in which case the provisions of Section 1849 11.2 shall apply.
1850 11.8 RIGHT TO DEMAND ASSURANCES OF PERFORMANCE
1851 The Parties acknowledge that it is of the utmost importance to the RA Members and the health and 1852 safety of all those members of the public residing or doing business within the Regional Agency Service 1853 Area who will be adversely affected by interrupted waste management service, that there is no material 1854 interruption in services provided under this Agreement. 55 1855 If Contractor: (i) is the subject of any labor unrest including work stoppage or slowdown, sick‐out, 1856 picketing or other concerted job action; (ii) appears in the reasonable judgment of RA Members to be 1857 unable to regularly pay its bills as they become due; or, (iii) is the subject of a civil or criminal judgment 1858 or order entered by a Federal, State, regional or local agency for violation of an Applicable Law, and the 1859 RA Members believe in good faith that Contractor's ability to perform under the Agreement has thereby 1860 been placed in substantial jeopardy, the RA Members may, at their sole option and in addition to all 1861 other remedies it may have, demand from Contractor reasonable assurances of timely and proper 1862 performance of this Agreement, in such form and substance as the RA Members believe in good faith is 1863 reasonably necessary in the circumstances to evidence continued ability to perform under the 1864 Agreement. If Contractor fails or refuses to provide satisfactory assurances of timely and proper 1865 performance in the form and by the date required by the RA Members, such failure or refusal shall be an 1866 event of default for purposes of Section 11.1.
1867 ARTICLE 12: OTHER AGREEMENTS OF THE PARTIES
1868 12.1 RELATIONSHIP OF PARTIES
1869 The Parties intend that Contractor shall perform the services required by this Agreement as an 1870 independent Contractor engaged by the RA Members and neither as an officer nor employee of the RA 1871 Members, nor as a partner or agent of, or joint venturer with, the RA Members. No employee or agent 1872 of Contractor shall be, or shall be deemed to be, an employee or agent of the RA Members. Contractor 1873 shall have the exclusive control over the manner and means of performing services under this 1874 Agreement, except as expressly provided herein. Contractor shall be solely responsible for the acts and 1875 omissions of its officers, employees, Subcontractors and agents. Neither Contractor nor its officers, 1876 employees, Subcontractors, and agents shall obtain any rights to retirement benefits, workers' 1877 compensation benefits, or any other benefits which accrue to RA Members’ employees by their 1878 employment with RA Members.
1879 12.2 COMPLIANCE WITH LAW
1880 Contractor shall always, at its sole cost, comply with all Applicable Laws, permits and licenses of the 1881 United States, the State, County of San Benito, and the RA Members and with all applicable regulations 1882 promulgated by Federal, State, regional or local administrative and regulatory agencies, now in force 1883 and as they may be enacted, issued or amended during the Term. 1884 12.3 GOVERNING LAW
1885 This Agreement shall be governed by, and construed and enforced in accordance with, the laws of 1886 California.
56 1887 12.4 JURISDICTION
1888 Any lawsuits between the Parties arising out of this Agreement shall be brought and concluded in the 1889 courts of San Benito County in the State of California, which shall have exclusive jurisdiction over such 1890 lawsuits. With respect to venue, the Parties agree that this Agreement is made in and will be performed 1891 in San Benito County.
1892 12.5 BINDING ON SUCCESSORS
1893 The provisions of this Agreement shall inure to the benefit to and be binding on the successors and 1894 permitted assigns of the Parties.
1895 12.6 ASSIGNMENT
1896 Neither Party shall assign its rights nor delegate or otherwise transfer its obligations under this 1897 Agreement to any other Person without the prior written consent of the other Party. Any such 1898 assignment made without the consent of the other Party shall be void and the attempted assignment 1899 shall constitute a material breach of this Agreement. 1900 For purposes of this Section, "assignment" shall include, but not be limited to: (i) a sale, exchange or 1901 other transfer of substantially all of Contractor's local, regional, and/or corporate assets dedicated to 1902 service under this Agreement to a third party; (ii) a sale, exchange or other transfer of ten (10) percent 1903 or more of the local, regional, and/or corporate assets, stock, or ownership of Contractor to a Person 1904 (other than a transfer of shares in Contractor by the owner of such shares to a revocable trust for the 1905 benefit of his family or to another owner of shares in Contractor) except that no cumulative sale, 1906 exchange, or transfer of shares may exceed twenty (20) percent during the Term of the Agreement 1907 (other than a transfer of shares in Contractor by the owner of such shares to a revocable trust for the 1908 benefit of his family or to another owner of shares in Contractor); (iii) any reorganization, consolidation, 1909 merger, recapitalization, stock issuance or re‐issuance, voting trust, pooling agreement, escrow 1910 arrangement, liquidation or other transaction to which Contractor or any of its shareholders is a party 1911 which results in a change of ownership or control of ten (10) percent or more of the value or voting 1912 rights in the local, regional, and/or corporate stock of Contractor; (iv) divestiture of an Affiliate (e.g., 1913 trucking company, materials recovery facility, transfer station, etc.) used by Contractor to fulfill its 1914 obligations under this Agreement; and, (v) any combination of the foregoing (whether or not in related 1915 or contemporaneous transactions) which has the effect of any such transfer or change of local, regional, 1916 and/or corporate ownership and/or control of Contractor. For purposes of this Section, the term 1917 "proposed assignee" shall refer to the proposed transferee(s) or other successor(s) in interest pursuant 1918 to the assignment.
1919 Contractor acknowledges that this Agreement involves rendering a vital service to RA Members’ 1920 residents and businesses, and that each RA Member has selected Contractor to perform the services 1921 specified herein based on: (i) Contractor's experience, skill, and reputation for conducting its Solid 1922 Waste, Recyclables, and Organics management operations in a safe, effective, and responsible fashion, 1923 at all times in keeping with applicable waste management laws, regulations, and good waste 57 1924 management practices; and, (ii) Contractor's financial resources on a local, regional, and/or corporate 1925 level to maintain the required equipment and to support its indemnity obligations to each RA Member 1926 under this Agreement. Each RA Member has relied on each of these factors, among others, in choosing 1927 Contractor to perform the services to be rendered by Contractor under this Agreement. 1928 If Contractor requests RA Members’ consideration of and consent to an assignment, the RA Members 1929 may deny or approve such request in their complete discretion. No request by Contractor for consent to 1930 an assignment need be considered by each RA Member unless and until Contractor has met the 1931 following requirements. The RA Member may, in its sole discretion, waive one (1) or more of these 1932 requirements.
1933 A. On the date, the Contractor submits a written request for each RA Member written 1934 consent of an assignment, Contractor shall pay each RA Member a transfer fee in the 1935 amount of one (1) percent of the Gross Receipts for the most‐recently completed Rate 1936 Period.
1937 B. Contractor shall undertake to pay each RA Member its reasonable expenses for attorneys’, 1938 consultants’, accountants’ fees, staff time, and investigation costs necessary to investigate 1939 the suitability of any proposed assignee, and to review and finalize any documentation 1940 required as a condition for approving any such assignment. 1941 C. Contractor shall furnish each RA Member with audited financial statements of the 1942 proposed assignee's operations for the immediately preceding three (3) operating years. 1943 D. Contractor shall furnish each RA Member with satisfactory proof: (i) that the proposed 1944 assignee has at least ten (10) years of Solid Waste, Recyclable Materials, and Organic 1945 Materials management experience on a scale equal to or exceeding the scale of 1946 operations conducted by Contractor under this Agreement; (ii) that in the last five (5) 1947 years, the proposed assignee has not suffered any citations or other censure from any 1948 Federal, State or local contractor having jurisdiction over its waste management 1949 operations due to any significant failure to comply with State, Federal or local waste 1950 management laws and that the assignee has provided the RA Member with a complete list 1951 of such citations and censures; (iii) that the proposed assignee has at all times conducted 1952 its operations in an environmentally safe and conscientious fashion; (iv) that the proposed 1953 assignee conducts its operations and management practices in accordance with sound 1954 waste management practices in full compliance with all Federal, State, and local laws 1955 regulating the Collection, Transportation, Processing and Disposal of Solid Waste, 1956 Recyclable Materials, and Organic Materials, including Hazardous Waste; and, (v) that any 1957 other information required by the RA Member demonstrates that the proposed assignee 1958 can fulfill the terms of this Agreement in a timely, safe and effective manner. 58 1959 E. Contractor shall provide each RA Member with any and all additional records or 1960 documentation which, in the RA Member’s sole determination, would facilitate the review 1961 of the proposed assignment.
1962 Under no circumstances shall any proposed assignment be considered by the RA Member 1963 if Contractor is in default at any time during the period of consideration. If, in the RA 1964 Member’s sole determination, there is any doubt regarding the compliance of the 1965 Contractor with the Agreement, the RA Member may require an audit of the Contractor’s 1966 compliance and the costs of such audit shall be paid by Contractor in advance of the 1967 performance of said audit.
1968 12.7 NO THIRD PARTY BENEFICIARIES
1969 This Agreement is not intended to, and will not be construed to, create any right on the part of any third 1970 party to bring an action to enforce any of its terms. 1971 12.8 WAIVER
1972 The waiver by either Party of any breach or violation of any provisions of this Agreement shall not be 1973 deemed to be a waiver of any breach or violation of any other provision nor of any subsequent breach 1974 of or violation of the same or any other provision. The subsequent acceptance by either Party of any 1975 monies which become due hereunder shall not be deemed to be a waiver of any pre‐existing or 1976 concurrent breach or violation by the other Party of any provision of this Agreement. 1977 12.9 NOTICE PROCEDURES
1978 All notices, demands, requests, proposals, approvals, consents, and other communications, which this 1979 Agreement requires, authorizes or contemplates, shall be in writing and shall either be personally 1980 delivered to a representative of the Parties at the address below or deposited in the United States mail, 1981 first class postage prepaid, addressed as follows:
1982 If to Regional Agency Contract Manager: Kathleen Gallagher 1983 County of San Benito
1984 Resource Management Agency – IWM Department
1985 2301 Technology Parkway, Hollister, CA 95023
1986 [email protected]
1987 Phone: 831-637-5313 Ext.303
1988 If to Hollister: Bill Avera, City Manager
1989 City of Hollister
1990 375 Fifth Street, Hollister, CA 95023
1991 [email protected]
1992 Phone: (831) 636-4300 x15
1993 If to San Juan Bautista: Michaele LaForge, City Manager 1994 City of San Juan Bautista
59 1995 311 Second Street, P.O. Box 1420
1996 San Juan Bautista, CA 95045
1997 [email protected]
1998 Phone: (831) 623-4661, Fax: (831) 623-4093
1999 If to San Benito County: Ray Espinosa, County Administrative Officer 2000 County of San Benito
2001 481 4th St., 1st Floor, Hollister, CA 95023-3840
2002 [email protected]
2003 Phone: (831) 636-4000, Fax: 831.636.4010
2004 If to Contractor: Phil Couchee, General Manager
2005 Recology San Benito County
2006 1351 Pacheco Pass Hwy, Gilroy, CA 95020
2007 [email protected]
2008 Phone: (408)846-1395, Fax: 408-461-0530
2009 with a copy to:
2010
2011 Recology Inc.
2012 Attn: Legal Department
50 California Street, 24th 2013 Floor
2014 San Francisco, CA 94111
2015
2016 The address to which communications may be delivered may be changed from time to time by a notice 2017 given in accordance with this Section. Notice shall be deemed given on the day it is personally delivered 2018 or, if mailed, three (3) calendar days from the date it is deposited in the mail. 2019 12.10 REPRESENTATIVES OF THE PARTIES
2020 A. RA Members. References in this Agreement to the “RA Members” shall mean RA 2021 Members’ elected bodies and shall refer to each RA Member separately or all RA 2022 Members depending on the context and whether all RA Members have the same RA 2023 Representative, as provided herein. Each RA Member has delegated authority to exercise 2024 its rights, remedies and options under this Agreement, and to administer this Agreement 2025 to an RA Representative. At the time of the Effective Date, each RA Member has identified 2026 the same individual as its RA Representative; such individual will be the Regional Agency 2027 Contract Manager, as described in Section 6.8 and identified in Section 12.9. At each RA 2028 Member's sole discretion, upon notice to Contractor and all other RA Members, an RA 2029 Member may change its designation for its RA Representative, in which case, that RA 2030 Representative will exercise the RA Member’s right, remedies, and options under this 2031 Agreement, and shall administer this Agreement with respect to that RA Member’s 2032 jurisdiction separately than the other RA Representatives do with respect to their 2033 respective jurisdictions.
60 2034 The RA Representative has the authority to exercise each RA Member's rights, remedies 2035 and options under this Agreement and to administer this Agreement, except with respect 2036 to:
2037 (1) extending the Term for an additional year or more, 2038 (2) suspending or terminating the Agreement,
2039 (3) approving or disapproving Transfer of this Agreement, 2040 (4) amending this Agreement, and
2041 (5) exercising any delegation of authority contrary to Applicable Law. 2042 All the above actions require approval by each RA Member’s elected body. 2043 B. Contractor. The Contractor shall, by the Effective Date, designate in writing a responsible 2044 officer who shall serve as the representative of the Contractor in all matters related to the 2045 Agreement and shall inform the RA Members in writing of such designation and of any 2046 limitations upon his or her authority to bind the Contractor. 2047 The RA Members may rely upon action taken by such designated representative as actions 2048 of the Contractor unless they are outside the scope of the authority delegated to him/her 2049 by the Contractor as communicated to the RA Members. 2050 ARTICLE 13: MISCELLANEOUS AGREEMENTS
2051 13.1 ENTIRE AGREEMENT
2052 This Agreement is the entire agreement between the Parties with respect to the subject matter hereof 2053 and supersedes all prior and contemporaneous oral and written agreements and discussions. Each Party 2054 has cooperated in the drafting and preparation of this Agreement and this Agreement shall not be 2055 construed against any Party based on drafting. This Agreement may be amended only by an agreement 2056 in writing, signed by each of the Parties hereto.
2057 13.2 SECTION HEADINGS
2058 The article headings and section headings in this Agreement are for convenience of reference only and 2059 are not intended to be used in the construction of this Agreement nor to alter or affect any of its 2060 provisions.
61 2061 13.3 REFERENCES TO LAWS
2062 All references in this Agreement to laws and regulations shall be understood to include such laws as 2063 they may be subsequently amended or recodified, unless otherwise specifically provided herein. 2064 13.4 AMENDMENTS
2065 This Agreement may not be modified or amended in any respect except in writing signed by the Parties. 2066 13.5 SEVERABILITY
2067 If any non‐material provision of this Agreement is for any reason deemed to be invalid and 2068 unenforceable, the invalidity or unenforceability of such provision shall not affect any of the remaining 2069 provisions of this Agreement, which shall be enforced as if such invalid or unenforceable provision had 2070 not been contained herein.
2071 13.6 COUNTERPARTS
2072 This Agreement may be executed in counterparts, each of which shall be considered an original. 2073 13.7 ATTACHMENTS
2074 Each of the Exhibits identified as Attachment “A” through “M” is attached hereto and incorporated 2075 herein and made a part hereof by this reference. In the event of a conflict between the terms of this 2076 Agreement and the terms of an Attachment, the terms of this Agreement shall control. In the event of a 2077 conflict between Attachment F1 and any other Attachment(s), such other Attachment(s) shall control. 2078
2079
2080

63 2083 ATTACHMENT A
2084 DEFINITIONS
2085
64 2086 The definitions set forth in this Attachment A shall govern the interpretation of this Agreement. 2087 Abandoned Solid Waste
2088 “Abandoned Solid Waste” means Solid Waste, Recyclable Materials, Organic Materials, Excluded Waste, 2089 Bulky Items, or other materials that have been abandoned, littered, or illegally dumped in the public 2090 right of way or on publicproperty.
2091 AB 341
2092 “AB 341” means the California Jobs and Recycling Act of 2011 (Chapter 476, Statues of 2011 [Chesbro, 2093 AB 341]), also commonly referred to as “AB 341”, as amended, supplemented, superseded, and replaced 2094 from time to time.
2095 AB 876
2096 “AB 876” means Chapter 593, Statutes of 2015 [McCarty, AB 876] relating to compostable organics, 2097 commonly referred to as “AB 876”, as amended, supplemented, superseded, and replaced from time to 2098 time.
2099 AB 939
2100 “AB 939” means the California Integrated Waste Management Act of 1989 (Division 30 of the California 2101 Public Resources Code), also commonly referred to as "AB 939," as amended, supplemented, 2102 superseded, and replaced from time to time.
2103 AB 1826
2104 “AB 1826” means Chapter 727, Statues of 2014 [Chesbro, AB 1826] relating to recycling of organic 2105 waste, commonly referred to as “AB 1826”, as amended, supplemented, superseded, and replaced from 2106 time to time.
2107 AB 2176
2108 “AB 2176” means Chapter 879, Statutes of 2004 [Montanez, AB 2176] relating to large venue and large 2109 event recycling programs, commonly referred to as “AB 2176, as amended, supplemented, superseded, 2110 and replaced from time to time.
2111 Affiliate
2112 “Affiliate” means all businesses (including corporations, limited and general partnerships and sole 2113 proprietorships) that are directly or indirectly related to Contractor by virtue of direct or indirect 2114 ownership interest or common management. They shall be deemed to be "Affiliated with" Contractor 2115 and included within the term "Affiliates" as used herein. An Affiliate shall include: (i) a business in which 2116 Contractor has a direct or indirect ownership interest, (ii) a business that has a direct or indirect 65 2117 ownership interest in Contractor and/or (iii) a business that is also Owned, controlled or managed by 2118 any business or individual which has a direct or indirect ownership interest in Contractor. For the 2119 purposes of this definition, “ownership” means ownership as defined in the constructive ownership 2120 provisions of Section 318(a) of the Internal Revenue Code of 1986, as in effect on the date here, 2121 provided that ten percent (10%) shall be substituted for fifty percent (50%) in Section 318(a)(2)(C) and in 2122 Section 318(a)(3)(C) thereof; and Section 318(a)(5)(C) shall be disregarded. For purposes of determining 2123 ownership under this paragraph and constructive or indirect ownership under Section 318(a), ownership 2124 interest of less than ten percent (10%) shall be disregarded and percentage interests shall be 2125 determined on the basis of the percentage of voting interest of value that the ownership interest 2126 represents.
2127 Agreement
2128 “Agreement” means this Agreement between each RA Member and Contractor, including all 2129 attachments, and any future amendments hereto.
2130 Alternative Daily Cover (ADC)
2131 “Alternative Daily Cover” means CalRecycle-approved materials other than soil used as a temporary 2132 overlay on an exposed landfill face. Generally, these materials must be processed so that they do not 2133 allow gaps in the face surface, which would provide breeding grounds for insects and vermin. 2134 Applicable Law
2135 “Applicable Law” means all Federal, State, County, and local laws, regulations, rules, orders, judgments, 2136 degrees, permits, approvals, or other requirement of any governmental agency having jurisdiction over 2137 the Collection, Transportation, Processing or Disposal of Discarded Materials that are in force on the 2138 Effective Date and as may be enacted, issued or amended during the term of this Agreement. Without 2139 limiting the foregoing, Applicable Law includes Environmental Laws. 2140 Approved Disposal Facility
2141 “Approved Disposal Facility” means the John Smith Road Landfill, which is owned by the County of San 2142 Benito and operated by Waste Connections.
2143 Approved Facility(ies)
2144 “Approved Facility(ies)” means any one of or any combination of the: Approved Disposal Facility; 2145 Approved Organic Materials Processing Facility; Approved Recyclable Materials Processing Facility; 2146 and/or, Approved Reusable Materials ProcessingFacility. 2147
2148
66 2149 Approved Organic Materials Processing Facility
2150 “Approved Organics Processing Facility” means the South Valley Organics facility owned and operated 2151 by Recology and located at 3675 Pacheco Pass Highway, Gilroy, CA 95020. 2152 Approved Recyclable Materials Processing Facility
2153 “Approved Recyclables Processing Facility” means the Monterey Regional Waste Management District 2154 material recovery facility located at 14201 Del Monte Blvd., Marina, CA. 93333 2155 Approved Reusable Materials Processing Facility
2156 “Approved Reusable Materials Processing” Facility means Pat’s Place located at 101 5th Street, 2157 Hollister, California 95023.
2158 Bin
2159 “Bin” means a Container with capacity of approximately one (1) to eight (8) cubic yards, with a hinged 2160 lid, and with wheels (where appropriate), that is serviced by a front end-loading Collection vehicle. 2161 Contractor shall not be required to provide five (5) or seven (7) cubic yard Bins. Contractor may require 2162 a customer to use a smaller Bin than the one requested by the customer, if Contractor has reason to 2163 believe the customer would fill the larger Bin with heavy material such that the Bin would become 2164 overweight. In the event of a dispute between Contractor and customer regarding the previous 2165 sentence, the applicable Regional Agency shall have the right to decide the matter. 2166 Biomedical Waste
2167 "Biomedical Waste" means Discarded Materials which are likely to be infectious, pathological or 2168 biohazardous, originating from residences, hospitals, public or private medical clinics, departments of 2169 research laboratories, pharmaceutical industries, blood banks, forensic medical departments, 2170 mortuaries, veterinary facilities and other similar facilities and includes (without limitations) equipment, 2171 instruments, utensils, fomites, laboratory wastes (including pathological specimens and fomites 2172 attendant thereto), surgical facilities, equipment, bedding and utensils (including pathological specimens 2173 and disposal fomites attendant thereto), sharps (hypodermic needles, syringes, etc.), dialysis unit waste, 2174 chemotherapeutic waste, animal carcasses, offal and body parts, biological materials (vaccines, 2175 medicines, etc.), and other similar materials, but excluding any such Discarded Materials which are 2176 reasonably determined by Contractor to be noninfectious, non-pathological and non-biohazardous. 2177 Biosolids
2178 “Biosolids” means solid, semisolid, or liquid residues generated during primary, secondary, or advanced 2179 treatment of domestic sanitary sewage.
2180
67 2181 Bulky Item
2182 "Bulky Item" means discarded appliances, furniture, tires, carpets, mattresses, and similar large items 2183 that require special Collection due to their size or nature but can be Collected without the assistance of 2184 special loading equipment (such as forklifts or cranes) and without violating vehicle load limits. It does 2185 not include abandoned automobiles, large auto parts, ortrees. 2186 Business Days
2187 “Business Days” mean days during which the RA Member(s) offices are open to do business with the 2188 public.
2189 CalRecycle
2190 “CalRecycle” means the California Department of Resources Recycling and Recovery or its successor. 2191 Cart
2192 “Cart” means a plastic Container with a hinged lid and wheels that is serviced by an automated or semi2193 automated Collection vehicle. A Cart has capacity of 20-, 32-, 64- or 96-gallons (or similar volumes). 2194 Change in Law
2195 “Change in Law” means any of the following events or conditions that increases the cost of the 2196 performance by the Contractor of its respective obligations under this Agreement (except for payment 2197 obligations):
2198 (i) The enactment, adoption, promulgation, issuance, modification, or written change in 2199 administrative or judicial interpretation of any Applicable Law on or after the Effective Date; or, 2200 (ii) The order or judgment of any governmental body, on or after the Effective Date, to the 2201 extent such order or judgment is not the result of willful or negligent action, error or omission or lack of 2202 reasonable diligence of the RA Members or of the Contractor, whichever is asserting the occurrence of a 2203 Change in Law; provided, however, that the contesting in good faith or the failure in good faith to 2204 contest any such order or judgment shall not constitute or be construed as such a willful or negligent 2205 action, error or omission or lack of reasonable diligence. 2206 Collect, Collected, Collection
2207 "Collect,", “Collected” or "Collection" means the Contractor taking physical possession of, and removing 2208 Discarded Materials, whether by manual, semi-automated or automated means, and transporting such 2209 materials, pursuant to this Agreement.
2210
2211
68 2212 Commencement Date
2213 “Commencement Date” means the date specified in Section 4.1 when the Contractor is to begin 2214 providing Collection and related services required by this Agreement. 2215 Commercial, Commercial Property
2216 “Commercial” or “Commercial Property” means property used for conducting business thereon, 2217 including, but not limited to, retail sales, services, wholesale operations, manufacturing and industrial 2218 operations, school facilities (both public and private), other institutions, and governmental agencies, but 2219 excluding businesses conducted upon Single-Family Property (as defined herein). 2220 Compactor, Compaction
2221 “Compactor”, “Compaction” means a mechanical apparatus that compresses materials, the Container 2222 that holds the compressed materials, and/or the process. Compactors include Bin Compactors of any 2223 size serviced by front-loading Collection vehicles and Drops Box Compactors of any size serviced by Drop 2224 Box or roll-off Collection vehicles.
2225 Compost
2226 “Compost” means the resulting material from Composting. 2227 Composting
2228 “Composting” means the controlled or uncontrolled biological decomposition of organic constituents 2229 such that the resulting material meets the maximum acceptable metal concentration limits specified in 2230 Section 17868.2 and pathogen reduction requirements specified in Section 17868.3 of Title 14, California 2231 Code of Regulations Chapter 3.1.
2232 Construction and Demolition Debris (C&D)
2233 “Construction and Demolition Debris” and “C&D” means materials resulting from construction, 2234 renovation, remodeling, repair, or demolition operations relating to or resulting from a building, 2235 structure, pavement or other improvement, including concrete, brick, bituminous concrete, rubble, 2236 wood and masonry, composition roofing and roofing paper, steel, and other metals such as copper, but 2237 excluding liquid wastes and Hazardous Wastes.
2238 Containers
2239 “Containers” mean Bins, Carts, Compactors, and Drop Boxes. 2240
2241
69 2242 Contamination
2243 “Contamination” means there is no more than ten (10) percent by volume of the “wrong” materials 2244 placed in a Container. Thus, for instance a Solid Waste Container is Contaminated if it contains a total by 2245 volume of more than 10 percent Recyclables and Organic Waste, and a Recyclables Container is 2246 Contaminated if it contains a total by volume of more than 10 percent Solid Waste and Organic Waste. 2247 Contractor
2248 "Contractor" means Recology South Valley dba Recology San Benito County. 2249 Contractor’s Compensation
2250 “Contractor Compensation” means the monetary compensation received by Contractor in return for 2251 providing services in accordance with this Agreement as described in Article8. 2252 Contractor’s Proposal
2253 “Contractor’s Proposal” means the proposal submitted to the Regional Agency by Contractor on 2254 November 14, 2017 for provision of Solid Waste, Recyclables, and Organic Materials services and certain 2255 written materials, which are included as Attachment F to this Agreement and are incorporated by 2256 reference.
2257 County
2258 “County” means San Benito County, California.
2259 Customer
2260 “Customer” means the Person whom Contractor submits its billing invoice to and collects payment from 2261 for Collection services provided to a Premises. The Customer is not necessarily the owner of the 2262 Premises and may be either the Person who occupies the Premises or the Owner of the Premises. 2263 Customer Type
2264 “Customer Type” means the Customer’s sector category including, but not limited to, Single‐Family, 2265 Multi‐Family, Commercial, C&D, Drop Box, and Agency. 2266 Day
2267 “Day” means calendar day unless otherwise specified in this Agreement. 2268
2269
70 2270 Drop Box
2271 “Drop Box” mean open-top Containers with a typical capacity of eight (8) to forty (40) cubic yards that 2272 are serviced by a roll-off Collection vehicle. Drop Boxes that contain putrescible materials require a lid. 2273 Discarded Materials
2274 “Discarded Materials” means Solid Waste, Recyclable Materials, Organic Materials, and C&D placed by a 2275 Generator in a receptacle and/or at a location for the purposes of Collection by Contractor, excluding 2276 Excluded Waste.
2277 Disposal
2278 “Disposal” or “Disposed” mean the ultimate disposition of unprocessed Solid Waste intended for 2279 Disposal, and Residue.
2280 Divert, Diversion
2281 “Divert” or “Diversion (or any variation thereof)” means to prevent Recyclables and Organic Waste from 2282 Disposal at landfill or transformation facilities, (including facilities using incineration, pyrolysis, 2283 distillation, gasification, or biological conversion methods) through Source Reduction, reuse, Recycling, 2284 and Composting, as provided in Section 41780-41786 of AB 939, as AB 939 may be hereafter amended 2285 or superseded.
2286 Diversion is a broad concept that is to be inclusive of material handling and Processing changes that may 2287 occur over the Term including, but not limited to, changes in standard industry practice or 2288 implementation of innovative (but not necessarily fully proven) techniques or technology that reduce 2289 Disposal risk, decrease costs and/or are for other reasons deemed desirable by the RA Members. 2290 Effective Date
2291 “Effective Date” means the date on which the last of the Parties signs this Agreement. 2292 Electronic Waste
2293 “Electronic waste” or “E-Waste” means discarded electronic equipment including, but not limited to, 2294 televisions, computer monitors, central processing units (CPUs), laptop computers, computer 2295 peripherals (including external hard drives, keyboards, scanners, and mice), printers, copiers, facsimile 2296 machines, radios, stereos, stereo speakers, VCRs, DVDs, camcorders, microwaves, telephones, cellular 2297 telephones, and other electronic devices. Some E-Waste or components thereof may be Hazardous 2298 Waste or include Hazardous Substances and thus require special handling, Processing, or Disposal. 2299
2300
71 2301 Emergency Condition
2302 ”Emergency Condition” means the existence of a condition or conditions which threaten or threatens 2303 the public health, safety and welfare resulting from Contractor’s failure or inability to perform its duties 2304 and obligations hereunder due to the effect upon Contractor of fire, flood, storm, earthquake, or other 2305 natural calamity, riot, insurrection, public disobedience, labor controversy, labor strike, insolvency of 2306 Contractor or similar condition. “Emergency Condition” does not include the results of failure of 2307 Contractor to comply with basic standards and procedures of Collection or other substandard 2308 performance by Contractor.
2309 Environmental Laws
2310 "Environmental Laws" means all federal and State statutes, and county and Regional Agency ordinances 2311 concerning public health, safety and the environment including, by way of example and not limitation, 2312 AB 341, AB 939, AB 1826, the Comprehensive Environmental Response, Compensation and Liability Act 2313 of 1980, 42 U.S.C. § 9601 et seq.; the Resource Conservation and Recovery Act, 42 U.S.C. § 6902 et seq.; 2314 the Federal Clean Water Act, 33 U.S.C. § 1251 et seq.; the Toxic Substances Control Act, 15 U.S.C. § 2601 2315 et seq.; the Occupational Safety and Health Act, 29 U.S.C. § 651 et seq.; the California Hazardous Waste 2316 Control Act, California Health and Safety Code § 25100 et seq.; the Carpenter-Presley-Tanner Hazardous 2317 Substance Account Act, California Health and Safety Code § 25300 et seq.; the Porter-Cologne Water 2318 Quality Control Act, California Water Code § 13000 et seq.; the Safe Drinking Water and Toxic 2319 Enforcement Act, California Health and Safety Code § 25249.5 et seq.; as currently in force or as 2320 hereafter amended, and all rules and regulations promulgated thereunder. 2321 Excluded Waste
2322 “Excluded Waste” means Hazardous Substances, Hazardous Waste, Biomedical Waste, volatile, 2323 corrosive, biomedical, infectious, biohazardous, and toxic substances or material, waste that Contractor 2324 reasonably believes would, as a result of or upon Disposal, be a violation of local, State or Federal law, 2325 regulation or ordinance, including land use restrictions or conditions, waste that cannot be Disposed of 2326 in Class III landfills, waste that in Contractor’s reasonable opinion would present a significant risk to 2327 human health or the environment, cause a nuisance or otherwise create or expose Contractor or 2328 Regional Agency to potential liability; but not including de minimis volumes or concentrations of waste 2329 of a type and amount normally found in Residential Solid Waste after implementation of programs for 2330 the safe Collection, Recycling, treatment, and Disposal of batteries and paint in compliance with 2331 Sections 41500 and 41802 of the California Public Resources Code. 2332 Food Waste
2333 "Food Waste" means a subset of Organic Waste including: (i) all kitchen and table food waste scraps, 2334 and animal, or vegetable, fruit, grain, dairy or fish waste that attends or results from the storage, 2335 preparation, cooking or handling of foodstuffs, with the exception of animal excrement, (ii) paper waste 72 2336 contaminated with putrescible material, and (iii) biodegradable food service ware designed to 2337 disintegrate and biodegrade quickly.
2338 Generator
2339 “Generator” means any Person whose act or process produces Discarded Materials as defined in the 2340 Public Resources Code, or whose act first causes any of these items to become subject to regulation. 2341 Gross Receipts
2342 “Gross Receipts” means total cash receipts collected from Customers by the Contractor for the provision 2343 of services pursuant to this Agreement, without any deductions. Gross Receipts do not include revenues 2344 from the sale of Recyclable Materials.
2345 Hazardous Substance
2346 “Hazardous Substance” means any of the following: (a) any substances defined, regulated or listed 2347 (directly or by reference) as "Hazardous Substances", "hazardous materials", "Hazardous Wastes", "toxic 2348 waste", "pollutant" or "toxic substances" or similarly identified as hazardous to human health or the 2349 environment, in or pursuant to: (i) the Comprehensive Environmental Response, Compensation and 2350 Liability Act (CERCLA) of 1980, 42 USC §9601 et seq. (CERCLA); (ii) the Hazardous Materials 2351 Transportation Law, 49 USC §5101, et seq.; (iii) the Resource Conservation and Recovery Act, 42 USC 2352 §6901 et seq.; (iv) the Clean Water Act, 33 USC §1251 et seq.; (v) California Health and Safety Code 2353 §§25115-25117, 25249.8, 25281, and 25316; (vi) the Clean Air Act, 42 USC §7901 et seq.; and, (vii) 2354 California Water Code §13050; (b) any amendments, rules or regulations promulgated there under to 2355 such enumerated statutes or acts currently existing or hereafter enacted; and, (c) any other hazardous 2356 or toxic substance, material, chemical, waste or pollutant identified as hazardous or toxic or regulated 2357 under any other Applicable Law currently existing or hereinafter enacted, including, without limitation, 2358 friable asbestos, polychlorinated biphenyl’s (PCBs), petroleum, natural gas, and synthetic fuel products, 2359 and by-products.
2360 Hazardous Waste
2361 “Hazardous Waste” means all substances defined as Hazardous Waste, acutely Hazardous Waste, or 2362 extremely Hazardous Waste by the State in Health and Safety Code §25110.02, §25115, and §25117 or 2363 in the future amendments to or recodifications of such statutes or identified and listed as Hazardous 2364 Waste by the U.S. Environmental Protection Agency (EPA), pursuant to the Federal Resource 2365 Conservation and Recovery Act (42 USC §6901 et seq.), all future amendments thereto, and all rules and 2366 regulations promulgated thereunder.
2367 Holidays
2368 “Holidays” shall mean the observed holiday for Independence Day, Thanksgiving Day, Christmas Day and 2369 New Year’s Day.
73 2370 Household Batteries
2371 “Household Batteries” means disposable or rechargeable dry cells such as those referred to as A, AA, 2372 AAA, B, C, D, 9-volt, button type or those from laptop computers or cell phones, and commonly used as 2373 power sources for consumer electronics devices, including but not limited to zinc oxide, nickel metal 2374 hydride, alkaline, mercury, silver oxide, lithium, lithium ion and carbon zinc, but excluding automotive 2375 lead acid batteries.
2376 Household Hazardous Waste (HHW)
2377 “Household Hazardous Waste” or “HHW” means Hazardous Waste generated at Single-Family 2378 Properties within the Regional Agency. HHW includes, but is not limited to: paint, stain, varnish, thinner, 2379 adhesives, auto products such as old fuel, batteries, household batteries, fluorescent bulbs, tubes, 2380 cleaners and sprays, pesticides, fertilizers and other garden products, needles, syringes, and lancets. 2381 Liquidated Damages
2382 “Liquidated Damages” means the amounts due by Contractor for failure to meet specific quantifiable 2383 standards of performance as described in Section 11.6 and Attachment G. 2384 Mandatory Collection Area
2385 “Mandatory Collection Area” means the areas, individually or collectively, of that name described in 2386 County Code Title 15, Chapter 15.01, Article 3, Section 15.01.040 Solid Waste Collection which is 2387 included as Attachment L to the Franchise Agreement. 2388 Mixed C&D
2389 “Mixed C&D” means C&D materials which have not been Source Separated into homogeneous material 2390 streams of like materials and which require sorting and Processing prior to Recycling. 2391 Multi-Family, Multi-Family Property, MFD
2392 “Multi‐Family” means any Residential Premises, other than a Single‐Family Premises, with five (5) or 2393 more dwelling units used for Residential purposes (regardless of whether residence therein is temporary 2394 or permanent) that receive centralized Collection service for all units on the Premises which are billed to 2395 one (1) Customer at one (1) address.
2396 Non-Collection Notice
2397 "Non-Collection Notice" means a form, as approved in advance by RA Members, used to notify Service 2398 Recipient(s) of the reason for the non-collection of materials set out by the Service Recipient(s) for 2399 Collection by Contractor pursuant to this Agreement. 2400
74 2401 Organic Materials
2402 “Organic Materials” means those Yard Trimmings and Food Waste which are specifically accepted at the 2403 Approved Organic Materials Processing Facility. No Discarded Material shall be considered to be Organic 2404 Materials, however, unless it is separated from Solid Waste and RecyclableMaterial. 2405 Owner
2406 “Owner” means the Person(s) holding legal title to real property and/or any improvements thereon and 2407 shall include the Person(s) listed on the latest equalized assessment roll of the CountyAssessor. 2408 Party, Parties
2409 “Party”, “Parties” refers to the RA Members and Contractor, individually or together. 2410 Person(s)
2411 “Person(s)” means any individual, firm, association, organization, partnership, corporation, trust, joint 2412 venture, or public entity.
2413 Premises
2414 “Premises” means any land or building in the Service Area where Solid Waste, Recyclable Materials, 2415 Organic Materials, or C&D are generated or accumulated. 2416 Processing
2417 “Processing” means to sort, separate, prepare, treat, bale or otherwise package, compost, cure, or to 2418 take other steps necessary to re-use materials at the Approved Facilities, or to remanufacture, 2419 reconstitute, and or create new products from Discarded Materials. Processing includes reuse, 2420 Recycling and Composting, and excludes energy conversion processes except by prior approval of RA 2421 Members.
2422 Public Containers
2423 "Public Containers" means RA Member-owned Containers maintained by the RA Member for use by the 2424 public located on or near streets and public rights-of-way and other public places in the Service Area as 2425 specified by the RA Member for placement of Discarded Materials generated by the public. 2426 Rate
2427 “Rate” means the maximum amount, expressed as a dollar unit, approved by the RA Members that the 2428 Contractor may bill a Customer for providing services under this Agreement. A Rate has been 2429 established for each individual RA Member’s jurisdiction, and the initial Rates for Rate Period One are 2430 presented in Attachment F3. The Rates approved by each RA Member governing body are the maximum 75 2431 Rates that Contractor may charge a Customer, and Contractor may, in its sole discretion, charge any 2432 amount up to and including the maximum Rate approved by each RA Member. 2433 Rate Period or Rate Year
2434 “Rate Period” or “Rate Year” means a 12-month period, beginning with July 1and concluding twelve (12) 2435 months later, for which Contractor’s Compensation is calculated, except that Rate Period One shall 2436 commence on November 1, 2018 and end on June 30, 2019. 2437 Recyclable Materials
2438 "Recyclable Materials” means those Discarded Materials that: Generators set out in Recyclables 2439 Containers for Collection for the purpose of Recycling by the Contractor that are at least ninety percent 2440 (90%) Recyclable and that exclude Excluded Waste. No Discarded Materials shall be considered 2441 Recyclable Materials unless such material is separated from Solid Waste, and Organic Materials. 2442 Recyclable Materials shall include, but not be limited to: newspaper (including inserts, coupons, and 2443 store advertisements); mixed paper (including office paper, computer paper, magazines, junk mail, 2444 catalogs, brown paper bags, brown paper, paperboard, paper egg cartons, telephone books, grocery 2445 bags, colored paper, construction paper, envelopes, legal pad backings, shoe boxes, cereal and other 2446 similar food boxes); chipboard; corrugated cardboard; glass containers, all colors; aluminum (including 2447 beverage containers, foil, food containers, small pieces of scrap metal); scrap metal weighing less than 2448 10 pounds (without cords or chains and fitting into the container); steel, tin or bi-metal cans; plastic 2449 containers, Numbers 1 to 7; plastic bags and plastic film (no. 4); textiles; household batteries (AAA-D, 2450 9V, alkaline, rechargeable and button cell); and aseptic beverage boxes. 2451 Recycle, Recycling
2452 “Recycle” or “Recycling” means the process of collecting, sorting, cleansing, treating and reconstituting 2453 materials that would otherwise be disposed of in a landfill, and returning them to the economic 2454 mainstream in the form of raw material for new, reused, or reconstituted products which meet the 2455 quality standards necessary to be used in the marketplace. Recycling does not include Transformation. 2456 Regional Agency
2457 “Regional Agency” means San Benito County Integrated Waste Management Regional Agency. 2458 Regional Agency Contract Manager
2459 “Regional Agency Contract Manager” means the Person designated by the RA Members to administer 2460 the provisions of the Agreement as referenced in Section 6.8. 2461
2462
76 2463 RA Member
2464 “RA Member” means one of the public agencies that are a member of the Regional Agency, which may 2465 include the County of San Benito, City of Hollister, and City of San Juan Bautista. 2466 RA Representative
2467 “RA Representative” means the Person named by each RA Member in accordance with Section 12.10. 2468 Residential, Residential Property
2469 “Residential”, “Residential Property” means on, of or pertaining to property used for residential 2470 purposes, irrespective of whether such dwelling units are rental units or owner-occupied, or whether 2471 commercial activities are conducted thereon or therefrom, provided that such commercial activities are 2472 permitted under applicable zoning regulations and do not consist of the primary use of the property. 2473 Residue
2474 “Residue” means unrecoverable materials remaining after Processing Discarded Materials for which 2475 there are no other options for viable use and which therefore must be disposed of in a landfill. 2476 Reusable Materials
2477 “Reusable Materials” means items that are capable of being used again after minimal Processing. 2478 Reusable Materials may be Collected Source Separated or recovered through a ProcessingFacility. 2479 SB 1383
2480 “SB 1383” means Chapter 395, Statutes of 2016 [Lara, SB 1383] relating to short lived climate pollutants, 2481 commonly referred to as “SB 1383, as amended, supplemented, superseded, and replaced from time to 2482 time.
2483 Service Area
2484 “Service Area” means the geographical boundaries of San Benito County. 2485 Service Level
2486 “Service Level” refers to the size of a Customer’s Container and the frequency of Collectionservice. 2487 Single-Family, Single-Family Property, SFD
2488 “Single‐Family” means, notwithstanding any contrary definition in a RA Member Code, any detached or 2489 attached house or residence designed or used for occupancy by one (1) family, provided that Collection 2490 service feasibly can be provided to such Premises as an independent unit, and the Owner or occupant of 77 2491 such independent unit is billed directly for the Collection service. Single‐Family includes Residential units 2492 of a duplex, tri‐plex, or four‐plex Residential structure provided that the owner or Occupant of each unit 2493 is separately billed for its specific service level. 2494 Solid Waste
2495 “Solid Waste” means solid waste as defined in California Public Resources Code, Division 30, Part 1, 2496 Chapter 2, §40191 and regulations promulgated hereunder. Excluded from the definition of Solid Waste 2497 are Excluded Waste, Source Separated C&D, Source Separated Recyclable Materials, Source Separated 2498 Organic Materials, and radioactive waste. Notwithstanding any provision to the contrary, Solid Waste 2499 may include de minimis volumes or concentrations of waste of a type and amount normally found in 2500 Residential Solid Waste after implementation of programs for the safe Collection, Recycling, treatment, 2501 and Disposal of Household Hazardous Waste in compliance with Section 41500 and 41802 of the 2502 California Public Resources Code as may be amended from time to time. Solid Waste includes 2503 salvageable materials only when such materials are included for Collection in a Solid Waste Container. 2504 Source Reduction
2505 “Source Reduction” means any action which causes a net reduction in the generation of Solid Waste. It 2506 includes, but is not limited to, reducing the use of non-recyclable materials, replacing Disposal materials 2507 and products with Reusable materials and products, reducing packaging, reducing the amount of Yard 2508 Trimmings generated, and increasing the efficiency of the use of paper, cardboard, glass, metal, plastic, 2509 and other materials. Source Reduction does not include steps taken after the material becomes Solid 2510 Waste or actions which would impact air or water resources in lieu of land, including, but not limited to, 2511 Transformation.
2512 Source-Separated
2513 “Source Separated” means the segregation from solid waste, by the Generator, of materials designated 2514 for separate Collection for some form of Recycling, Composting, recovery, or reuse. A load of source 2515 separated materials that contains more than ten (10) percent solid waste shall not be considered source 2516 separated.
2517 State
2518 “State” means the State of California.
2519 Subcontractor
2520 “Subcontractor” means a Party who has entered into a contract, express or implied, with the Contractor 2521 for the performance of an act that is necessary for the Contractor’s fulfillment of its obligations for 2522 providing service under this Agreement. Vendors providing materials and supplies to Contractor shall 2523 not be considered Subcontractors.
78 2524 Term
2525 “Term” means the Term of this Agreement, including extension periods if granted, as provided for in 2526 Section 4.1.
2527 Transformation
2528 “Transformation” means incineration, pyrolysis, distillation, gasification, or biological conversion other 2529 than Composting.
2530 Transportation
2531 “Transportation” means the act of transporting or state of being transported. 2532 Universal Waste
2533 “Universal Waste” or “U-waste” means all wastes defined by Title 22, Subsections 66273.1 through 2534 66273.9 of the California Code of Regulations or successor regulations. These include, but are not 2535 limited to, Household Batteries, fluorescent light bulbs, mercury switches, and E-Waste. 2536 Used Motor Oil
2537 “Used Motor Oil” means used motor oil from automobiles and other light duty vehicles intended for 2538 personal use which is removed from vehicles at Single-Family Premises and not as a part of a for-profit 2539 or other business activity. Used Motor Oil does not include transmission fluid. 2540 Used Oil Filter
2541 “Used Oil Filter” means a used motor oil filter from automobiles and other light duty vehicles intended 2542 for personal use which is removed from vehicles at Single-Family Premises and not as a part of a for2543 profit or their business activity. 2544 Used Oil Recovery Kit
2545 “Used Oil Recovery Kit” means a kit containing: one (1) reusable plastic jug of at least one (1) gallon 2546 capacity with a watertight screw‐on top to contain Used Motor Oil; one (1) plastic disposable resealable 2547 bag of sufficient capacity to accommodate one (1) Used Motor Oil Filter; and, a flyer, brochure, or other 2548 informational media approved by the Regional Agency Contract Manager intended to educate 2549 Customers about the Used Motor Oil and Filter Collection program and the benefits resulting from the 2550 proper handling of Used Motor Oil and Filters. The Used Oil Recovery Kit is to be provided to Customers 2551 by Contractor to recover Used Motor Oil and Filters from Single‐Family residents. 2552
2553
79 2554 Voluntary Collection Area
2555 “Voluntary Collection Area” means the areas, individually or collectively, of that name described in 2556 County Code Title 15, Chapter 15.01, Article 3, Section 15.01.040 Solid Waste Collection which is 2557 included as Attachment L to the Franchise Agreement. 2558 Yard Trimmings
2559 “Yard Trimmings” means those Discarded Materials that will decompose and/or putrefy, including, but 2560 not limited to, green trimmings, grass, weeds, leaves, prunings, branches, dead plants, brush, tree 2561 trimmings, dead trees, small pieces of unpainted and untreated wood, and other types of organic waste. 2562 Yard Trimmings is a subset of Organic Waste. Yard Trimmings placed for Collection may not exceed six 2563 (6) inches in diameter and three (3) feet in length and must fit within the Contractor-provided 2564 Container.
2565
2566
2567
80 2568 ATTACHMENT B
2569 SCOPE OF SERVICES – DETAILS
2570
81 2571 The following Attachments (B1 through B8) describe the programs which, in aggregate, represent the 2572 direct services to be performed under this Agreement by theContractor. 2573 Each of the following Attachments (B1 through B8) present the programs to be provided to each 2574 Customer Type by Contractor. Within each program description are specific requirements for the:
2575  Type and size of Containers or Service Level to be offered by Contractor under eachprogram; 2576  Frequency of service to be offered by Contractor to Customers; 2577  Location of service, including an indication of whether additional charges may apply if a 2578 Customer selects a location that is costlier to serve (e.g. back‐yardservice); 2579  Materials that are acceptable or prohibited within the program; 2580  Provision of additional services to the Customer if the standard Service Levels are inadequate, 2581 either on a regular or periodic basis, and an indication of whether additional charges may apply; 2582 and/or,
2583  Other requirements and considerations of the program. 2584 Contractor shall provide the services for each program described in accordance with the specific 2585 program requirements detailed in Attachments B1 through B8 and Contractor shall promote such 2586 programs using the public education and outreach methods described in Attachment B8. 2587
2588
82 2589
2590 ATTACHMENT B1:
2591 SINGLE-FAMILY RESIDENTIAL SERVICE
2592
2593 1. Solid Waste Collection
2594 Contractor shall Collect Solid Waste in Contractor‐provided Carts one (1) time per week from 2595 Single‐Family Customers and Transport all Solid Waste to the Approved Disposal Facility forDisposal. 2596 Containers: Carts
2597 Container Sizes: 20-, 32‐, 64‐, and 96‐gallons or comparable sizes (as requested by Customer) 2598 Service Frequency: One (1) time perweek
2599 Service Location: One (1) direction or two (2) direction side‐ or back‐yard Solid Waste Collection 2600 Service for Single‐Family Customers may be available for an additionalmonthly 2601 per‐container fee.
2602 Acceptable Materials: Solid Waste
2603 Prohibited Materials: Recyclable Materials, Organic Materials, ExcludedWaste 2604 Additional Service: Contractor shall provide additional Solid Waste Carts to Single‐Family Customers 2605 upon request and may charge the “Additional Solid Waste Cart” Monthly Service 2606 Rate approved by the RA Member.
2607 Other Requirements: None
2608
2609 2. Recyclable Materials Collection
2610 Contractor shall Collect Recyclable Materials in Contractor‐provided Containers one (1) time per week 2611 from Single‐Family Customers and Transport all Recyclable Materials to the Approved Recyclable 2612 Materials Processing Facility for Processing.
2613 Containers: Carts
2614 Container Sizes: 64‐ and 96‐gallons or comparable sizes. Standard container size is 64‐gallon 2615 Carts. 96‐gallon carts will be made available, upon request by Customer. 2616 Service Frequency: One (1) time per week on the same day Solid Waste iscollected. 2617 Service Location: One (1) direction or two (2) direction side‐ or back‐yard Solid Waste Collection 2618 Service for Single‐Family Customers may be available for an additional monthly 2619 per‐container fee.
2620 Acceptable Materials: Recyclable Materials
2621 Prohibited Materials: Solid Waste, Organic Materials, Excluded Waste 2622 Additional Service: Single‐Family Customers shall receive one (1) Recyclable Materials Cart as 2623 standard. Contractor shall provide additional Recyclable Materials Carts to 2624 Single‐Family Customers upon request and may charge the “Additional 2625 Recycling Cart” Monthly Rental Rate approved by theRA Member. 2626 Contractor shall establish an “overages” program that allows Single‐Family 2627 Customers to place additional Recyclable Materials Curbside (in 2628 Customer‐provided clear plastic bags) or cardboard (tied and bundled no larger 83 2629 than 3’ x 3’) adjacent to the Recyclable Materials Cart on their regularly‐ 2630 scheduled Collection day at no additional charge to theCustomer. 2631 Other Requirements: Contractor shall accept household batteries in the Recyclable Materials 2632 program, provided that those batteries have been separately packaged in a 2633 sealed, clear plastic bag.
2634 Contractor shall also accept textiles (cotton and denim clothing, towels and 2635 blankets) in the Recyclable Materials program provided that those textiles are 2636 clean and dry and placed in a clear, tied plastic bag. 2637 Contractor may assess a “contamination fee” per event for Customers who have 2638 repeatedly (no less than three times in a calendar year) placed more than ten 2639 percent (10%) by volume of prohibited materials in their Recyclable Materials 2640 Container. Prior to assessing such contamination fee, Contractor must provide 2641 targeted education (e.g., through the use of a tag on the Container) no less than 2642 three times to that specific Customer. Such education shall, at a minimum, 2643 notify the Customer of the specific materials that have been incorrectly placed 2644 and inform the Customer as to which Container the materials should be placed. 2645 Upon assessment of the contamination fee, Contractor shall document the 2646 presence of prohibited items through photographic record and make such 2647 documentation available to the Customer and/or Agency Contract Manager, 2648 upon request.
2649
84 2650
2651 3. Organic Materials Collection
2652 Contractor shall Collect Organic Materials in Contractor‐provided Carts one (1) time per week from 2653 Single‐Family Customers and Transport all Organic Materials to the Approved Organic Materials 2654 Processing Facility for Processing.
2655 Containers: Carts
2656 Container Sizes: 64‐, and 96‐gallons or comparable sizes. Standard container size is 96‐gallon 2657 Carts. 64‐gallon carts will be made available, upon request by Customer. 2658 Service Frequency: One (1) time per week on the same day Solid Waste iscollected. 2659 Service Location: One (1) direction or two (2) direction Side‐ or Back‐yard Solid Waste Collection 2660 Service for Single‐Family Customers may be available for an additional monthly 2661 per‐container fee.
2662 Acceptable Materials: Food Waste and Yard Trimmings. 2663 Prohibited Materials: Solid Waste, Recyclable Materials, ExcludedWaste 2664 Additional Service: Single‐Family Customers shall receive one (1) Organic Materials Cart standard. 2665 Contractor shall provide additional Organic Materials Carts to Single‐Family 2666 Customers upon request and may charge the “Additional Organic Materials 2667 Cart” Monthly Service Rate equivalent to fifty (50%) of the Solid Waste monthly 2668 Service Rate gallon equivalent.
2669 Other Requirements: Contractor may assess a “contamination fee” per event for Customers who have 2670 repeatedly (no less than three times in a calendar year) placed more than ten 2671 percent (10%) by volume of prohibited materials in their Yard Trimmings 2672 Container. Prior to assessing such contamination fee, Contractor must provide 2673 targeted education (e.g. through the use of a tag on the Container) no less than 2674 three times to that specific Customer. Such education shall, at a minimum, 2675 notify the Customer of the specific materials that have been incorrectly placed 2676 and inform the Customer as to which Container the materials should be placed. 2677 Upon assessment of the contamination fee, Contractor shall document the 2678 presence of prohibited items through photographic record and make such 2679 documentation available to the Customer and/or Agency Contract Manager, 2680 upon request.
2681
2682 4. Used Motor Oil and Filter Collection
2683 Contractor shall Collect Used Motor Oil and Filters in a Contractor‐provided Used Oil Recovery Kit from 2684 Single‐Family Customers and properly Dispose of the Used Motor Oil andFilter. 2685 Containers: Used Oil Recovery Kit
2686 Container Sizes: One 1‐gallon Filter Bag; and, up to two 1‐gallon used oil jugs or one 2.5‐gallon 2687 used oiljug
2688 Service Frequency: Up to one (1) time per week on the same day as Solid Waste Collection Service 85 2689 Service Location: Curbside (adjacent to Recyclable Materials Cart) 2690 Acceptable Materials: Used Motor Oil and Filter
2691 Prohibited Materials: Solid Waste, Recyclable Materials, Organic Materials, ExcludedWaste 2692 Additional Service: Not applicable
2693 Other Requirements: Contractor shall provide a Used Oil Recovery Kit to a Customer on the next 2694 scheduled service day after such request is made by Customer at no additional 2695 cost to Customer. Upon Collection of Used Motor Oil and Filter from a 2696 Customer, Contractor shall leave a Used Oil Recovery Kit adjacent to the 2697 Recyclables Cart. Contractor shall not be required to Collect more than one (1) 2698 Used Oil Recovery Kit per individual dwelling unit per week from Single‐Family 2699 Customers who request it.
2700 5. Curbside Bulky Item/Reusable Materials Collection 2701 Contractor shall Collect Bulky Items and Reusable Materials from Single‐Family Customers and transport 2702 the Bulky Items to the Approved Reusable Materials Processing Facility forProcessing. 2703 Containers: Not applicable
2704 Service Level: Up to two (2) cubic yard of Reusable Materials, up to five (5) E‐Waste items, and 2705 up to two (2) Appliances or Bulky Items. Appliances with Freon count as two (2) 2706 Bulky Items.
2707 Service Frequency: Up to two (2) times per year (as requested by Customer) 2708 Service Location: Curbside
2709 Acceptable Materials: Reusable Materials, Appliances, Bulky Items, E‐Waste, and U‐Waste 2710 Prohibited Materials: Solid Waste, Organic Materials, Hazardous Materials, Recyclable Materials, 2711 abandoned automobiles, trees, Excluded Waste or any single item (e.g. large 2712 auto parts, etc.) that exceeds two hundred (200) lbs. inweight. 2713 Additional Service: Contractor shall Collect additional eligible items that exceed the required 2714 Service Level and may charge the “Additional Bulky Item” Rate approved by the 2715 Agency (as requested by Customer) for each itemCollected. 2716 Contractor shall provide additional Bulky Item/Reusable Materials Collection 2717 Events to Single‐Family Customers, beyond two (2) per year, and may charge 2718 the “Additional Bulky Item Collection Event” Rate approved by the RA Member. 2719 Each Bulky Item/Reusable Materials Collection Event shall be subject to the 2720 same Service Level as identified above.
2721 Other Requirements: Contractor shall provide the service to the Customer within five (5) Business 2722 Days of the Customer’s requested service date, as mutually agreed upon by the 2723 Customer and Contractor.
2724
2725 6. Seasonal Programs
2726 Contractor shall develop and educate Single‐Family Customers about the availability of and participation 2727 requirements for programs dealing with seasonal or periodic waste management demands that exceed 2728 regularly scheduled Collection via outreach through the Customer newsletter and the Contractor 86 2729 website. Contractor shall provide the following seasonal program services to Single‐Family Customers at 2730 no additional charge:
2731 Holiday Tree Collection. Contractor shall Collect from Single‐Family Customers whole, un‐ flocked, and 2732 undecorated holiday trees that are placed curbside during the first three (3) weeks of each year. Holiday 2733 trees must be cut into sections no greater than6’. 2734
2735 7. Alternative Service Location for Disabled Single-Family Customers 2736 Contractor shall allow for Persons that have a disability as defined by the Americans with Disabilities Act 2737 (which means Public Law 101‐336, 104 Stat. 327, 42 U.S.C. 12101‐12213 and 27 U.S.C. 225 and 611, and 2738 all Federal rules and regulations relating thereto) that are Occupants of Single‐Family Premises to 2739 receive Collection services at a location other than Curbside at no extra charge to the Customer. 2740 Contractor shall review all applications (which shall include statements from physicians) made by 2741 Customers to determine conformance with this exemption provision and shall grant exemptions, if 2742 applicable. Contractor shall make reasonable accommodations with regard to provision of and servicing 2743 of Containers (e.g., Container size and type, placement of Containers for Collection, etc.) at no additional 2744 cost to the Customer.
87 2745 ATTACHMENT B2:
2746 MULTI-FAMILY RESIDENTIAL SERVICES
2747
2748 1. Solid Waste Collection
2749 Contractor shall Collect Solid Waste in Contractor‐provided Containers not less than one (1) time per 2750 week from Multi‐Family Customers and Transport all Solid Waste to the Approved Disposal Facility for 2751 Disposal.
2752 Containers: Carts, Bins, Compactors
2753 Container Sizes: 64‐, and 96‐gallon or comparable size Carts:1‐, 2‐, 3‐, 4‐, 6‐, and 8‐ cubic yard 2754 Bins; and, Compactors (as requested by Customer)
2755 Service Frequency: Up to six (6) times per week but not less than one (1) time per week, as 2756 requested by Customer
2757 Service Location: Curbside or other Customer‐selected service location at the M u l t i ‐Family 2758 Premises (difficult to service charges may apply if service location is not 2759 immediately accessible by the Collection vehicle)
2760 Acceptable Materials: Solid Waste
2761 Prohibited Materials: Recyclable Materials, Organic Materials, ExcludedWaste 2762 Additional Service: Special pickups requested by a Customer, on days other than their regularly 2763 scheduled Collection day, will be available at an approved additional charge. 2764 Extra picks ups can be scheduled equating to up to six days per week total 2765 service.
2766 Other Requirements: Contractor shall contact Multi‐Family Customers in advance of the start of 2767 service to determine appropriate Container sizes and service frequency. 2768 Contractor shall open and close gates, push and/or pull Containers, lock and 2769 unlock Containers, or perform other services as reasonably necessary to access 2770 and empty Containers (additional charge may apply). 2771 2. Recyclable Materials Collection
2772 Contractor shall Collect Recyclable Materials in Contractor‐provided Containers not less than one (1) 2773 time per week from Multi‐Family Customers and Transport all Recyclable Materials to the Approved 2774 Recyclable Materials Processing Facility forProcessing. 2775 Containers: Carts, Bins, Compactors
2776 Container Sizes: 64‐, and 96‐gallon or comparable size Carts: 1‐, 2‐, 3‐, 4‐, 6‐, and 8‐ cubic yard 2777 Bins; and, Compactors (as requested by Customer)
2778 Service Frequency: Up to six (6) times per week but not less than one (1) time per week (as 2779 requested by Customer)
2780 Service Location: Curbside or other Customer‐selected service location at the Multi‐Family 2781 Premises (difficult to service charges may apply if service location is not 2782 immediately accessible by the Collection vehicle)
2783 Acceptable Materials: Recyclable Materials
2784 Prohibited Materials: Solid Waste, Organic Materials, Excluded Waste 88 2785 Additional Service: Special pickups requested by a Customer, on days other than their regularly 2786 scheduled Collection day, will be available at an approved additional charge. 2787 Extra picks ups can be scheduled equating to up to six days per week total 2788 service.
2789 Other Requirements: Contractor shall contact Multi‐Family Customers in advance of the start of 2790 service to determine appropriate Container sizes and service frequency. 2791 Contractor shall open and close gates, push and/or pull Containers, lock and 2792 unlock Containers, or perform other services as reasonably necessary to access 2793 and empty Containers (additional charge may apply). 2794 Multi‐Family Customers with no greater than once per week individual cart 2795 service will receive one (1) Recyclable Materials cart free of additional charge. 2796 Contractor may assess a “contamination fee” per event for Customers who have 2797 repeatedly (no less than three times in a calendar year) placed more than ten 2798 percent (10%) by volume of prohibited materials in their Recyclable Materials 2799 Container. Prior to assessing such contamination fee, Contractor must provide 2800 targeted education (e.g. through the use of a tag on the Container) no less than 2801 three times to that specific Customer. Such education shall, at a minimum, 2802 notify the Customer of the specific materials that have been incorrectly placed 2803 and inform the Customer as to which Container the materials should be placed. 2804 Upon assessment of the contamination fee, Contractor shall document the 2805 presence of prohibited items through photographic record and make such 2806 documentation available to the Customer and/or Agency Contract Manager, 2807 upon request.
2808 3. Organic Materials Collection
2809 Contractor shall Collect Organic Materials in Contractor‐provided Carts no less than one (1) time per 2810 week (i) from all Multi‐Family Customers who are subject to the requirements of AB 1826 and do not 2811 refuse the service, and (ii) from all other Multi-Family Customers who subscribe for the service. Under 2812 both (i) and (ii), Contractor shall be entitled to charge for Organic Materials Collection service at the 2813 then-applicable Rates for the service. Contractor shall transport all Organic Materials to the Approved 2814 Organic Materials Processing Facility for Processing. If a Multi-Family Customer subject to the 2815 requirements of AB 1826 refuses Organics Materials Collection Service, Contractor shall not be required 2816 to provide service to that Customer and shall notify the applicable RA Member of the Customer’s refusal 2817 within 30 days and in Contractor’s quarterly report. “Subject to the requirements of AB 1826” means 2818 that the Multi-Family Customer is subscribed for a volume of weekly Solid Waste service equal to or 2819 greater than the applicable volume threshold set forth in California Public Resources Code 2820 §42649.81(a)(2), (3) or (4).
2821 Container: Carts
2822 Container Sizes: 64‐, and 96‐gallon or comparable size Carts (as requested by Customer). 89 2823 Service Frequency: Up to three (3) times per week but not less than one (1) time per week, as 2824 requested by the Multi‐Family Customer.
2825 Service Location: Curbside or other Customer‐selected service location at the Multi‐Family 2826 Premises. (difficult to service charges may apply if service location is not 2827 immediately accessible by the Collection vehicle)
2828 Acceptable Materials: Organic Materials
2829 Prohibited Materials: Solid Waste, Recyclable Materials, ExcludedWaste 2830 Additional Service: Special pickups requested by a Customer, on days other than their regularly 2831 scheduled Collection day, will be available at an approved additional charge. 2832 Extra picks ups can be scheduled equating to up to six days per week total 2833 service.
2834 Other Requirements: Contractor shall contact Multi‐Family Customers in advance of the start of 2835 service to determine appropriate Container sizes and service frequency. 2836 If a Customer places Organic Materials Container(s) for Collection and the 2837 materials placed in such Container(s) include a sufficient volume or particular 2838 type of Prohibited Materials that could reasonably result in the Approved 2839 Organic Materials Processing Facility either rejecting the material from 2840 Processing or charging Contractor a greater amount for Processing, Contractor 2841 may classify that set‐out as “Contaminated”. Contractor shall document any set‐ 2842 outs classified as Contaminated with photographic evidence of the presence of 2843 the Prohibited Material(s) and shall provide such evidence to the Regional 2844 Agency Contract Manager or Customer upon request. In the event of a 2845 Contaminated set‐out, Contractor shall provide Customer with a written 2846 warning of the Contamination and instruct the Customer about how to properly 2847 separate and place Organic Materials for Collection and Contractor may, at their 2848 sole discretion, refuse to Collect the Container until it is no longer 2849 Contaminated. In the event that Contractor classifies more than two (2) set‐outs 2850 in a consecutive three (3) month period as Contaminated, whether Collected or 2851 not, Contractor may assess the “Organics Contamination” Rate approved by the 2852 RA Member under this Agreement if Collected. In the event that Contractor has 2853 assessed the Organics Contamination Rate more than two (2) times in a 2854 consecutive six (6) month period, Contractor may cancel the Customer’s 2855 subscription to the Organic Materials program and may prohibit such Customer 2856 from subscribing to the program until they demonstrate to the satisfaction of 2857 the Contractor or Regional Agency Contract Manager that adequate measures 2858 have been implemented to prevent future contamination. 2859 4. Bulky Item/Reusable Materials Collection
2860 Contractor shall Collect Bulky Items and Reusable Materials from Multi‐Family Customers and transport 2861 the Collected materials to the Approved Reusable Materials Processing Facility forProcessing. 2862
90 2863 Containers: Not applicable
2864 Service Level: Up to two (2) cubic yards of Reusable Materials, up to five (5) E‐Waste items, 2865 AND up to two (2) Appliance or Bulky Item. Appliances with Freon count as two 2866 (2) Bulky Items.
2867 Service Frequency: Up to two (2) times per year (as requested by Multi‐FamilyCustomer) 2868 Service Location: Curbside or other location approved by Contractor 2869 Acceptable Materials: Reusable Materials, Appliances, Bulky Items, E‐Waste, and U‐Waste 2870 Prohibited Materials: Solid Waste, Organic Materials, Recyclable Materials, Excluded Waste or any 2871 single item that exceeds two hundred (200) lbs. inweight 2872 Additional Service: Upon Multi‐Family Customer request, Contractor shall Collect additional items 2873 which exceed the required Service Level and may charge the “Additional Bulky 2874 Item” Rate approved by the RA Member.
2875 Contractor shall provide additional Collection events for a Customer beyond two 2876 (2) per year and may charge the “Additional Bulky Item Collection” Rate 2877 approved by the RA Member.
2878 Other Requirements: The Contractor shall provide the service to the Customer within five (5) Business 2879 Days of the Customer’s requested service date, as mutually agreed upon by the 2880 Customer and Contractor.
91 2881 ATTACHMENT B3:
2882 COMMERCIAL SERVICES
2883
2884 1. Solid Waste Collection
2885 Contractor shall Collect Solid Waste in Contractor‐provided Containers not less than one (1) time per 2886 week from Commercial Customers and transport all Solid Waste to the Approved Disposal Facility for 2887 Disposal.
2888 Containers: Carts, Bins, Compactors.
2889 Container Sizes: 64‐, and 96‐gallon or comparable size Carts: 1‐, 2‐, 3‐, 4‐, 6‐, and 8‐ cubic yard 2890 Bins; and, Compactors (as requested by Customer).
2891 Service Frequency: Up to six (6) times per week but not less than one (1) time per week, as 2892 requested by Customer.
2893 Service Location: Curbside; or other Customer‐selected service location at the C o m m e r c i a l 2894 Premises (difficult to service charges may apply if service location is not 2895 immediately accessible by the Collection vehicle)
2896 Acceptable Materials: Solid Waste
2897 Prohibited Materials: Excluded Waste
2898 Additional Service: Special pickups requested by a Customer, on days other than their regularly 2899 scheduled Collection day, will be available at an approved additional charge. 2900 Extra picks ups can be scheduled equating to up to six days per week total 2901 service
2902 Other Requirements: Contractor shall contact Commercial Customers in advance of the start of 2903 service to determine appropriate Container sizes and service frequency. 2904 Contractor shall open and close gates, push and/or pull Containers, lock and 2905 unlock Containers, or perform other services as reasonably necessary to access 2906 and empty Containers (additional charge may apply). 2907 2. Recyclable Materials Collection
2908 Contractor shall Collect Recyclable Materials and/or Source Separated Recyclable Materials in 2909 Contractor‐provided Containers not less than one (1) time per week from Commercial Customers and 2910 Transport all Recyclable Materials to the Approved Recyclable Materials Processing Facility for 2911 Processing or, at Contractor’s discretion, to any Person who will make a net payment to Contractor for 2912 the delivery of the Source‐Separated RecyclableMaterials. 2913 Containers: Carts, Bins, Drop Boxes, Compactors
2914 Container Sizes: 64‐, and 96‐gallon or comparable size Carts:1‐, 2‐, 3‐, 4‐, 6‐, and 8‐ cubic yard 2915 Bins; and, Compactors (as requested by Customer)
2916 Service Frequency: Up to six (6) times per week but not less than one (1) time per week, as 2917 requested by Customer
2918 Service Location: Curbside or other Customer‐selected service location at the 2919 C o m m e r c i a l Premises (difficult to service charges may apply if service 2920 location is not immediately accessible by the Collection vehicle) 2921 Acceptable Materials: Recyclable Materials
92 2922 Prohibited Materials: Solid Waste, Organic Materials, Excluded Waste 2923 Additional Service: Special pickups requested by a Customer, on days other than their regularly 2924 scheduled Collection day, will be available at an approved additional charge. 2925 Extra picks ups can be scheduled equating to up to six days per week total 2926 service.
2927 Other Requirements: Contractor shall contact Commercial Customers in advance of the start of 2928 service to determine appropriate Container sizes and service frequency. 2929 Contractor shall open and close gates, push and/or pull Containers, lock and 2930 unlock Containers, or perform other services as reasonably necessary to access 2931 and empty Containers (additional charge may apply). 2932 Contractor may assess a “contamination fee” per event for Customers who have 2933 repeatedly (no less than three times in a calendar year) placed more than ten 2934 percent (10%) by volume of prohibited materials in their Recyclable Materials 2935 Container. Prior to assessing such contamination fee, Contractor must provide 2936 targeted education (e.g. through the use of a tag on the Container) no less than 2937 three times to that specific Customer. Such education shall, at a minimum, 2938 notify the Customer of the specific materials that have been incorrectly placed 2939 and inform the Customer as to which Container the materials should be placed. 2940 Upon assessment of the contamination fee, Contractor shall document the 2941 presence of prohibited items through photographic record and make such 2942 documentation available to the Customer and/or Agency Contract Manager, 2943 upon request.
2944 Contractor shall document and report to the Regional Agency Contract Manager 2945 each instance where Contractor delivers Source Separated Recyclable Materials 2946 to a Person other than the Approved Recyclable Materials Processing Facility. 2947 Such report shall include the Person to whom the materials were delivered, the 2948 specific type of materials delivered (e.g., cardboard, metal etc.), the number of 2949 Tons, and the amount received in payment for the delivery. 2950 3. Organic Materials Collection
2951 Contractor shall Collect Organic Materials in Contractor‐provided Containers no less than one (1) time 2952 per week from (i) all Commercial Customers who are subject to the requirements of AB 1826 and do not 2953 refuse the service, and (ii) from all other Commercial Customers who subscribe for the service. Under 2954 both (i) and (ii), Contractor shall be entitled to charge for Organic Materials Collection service at the 2955 then-applicable Rates for the service. Contractor shall Transport all Organic Materials to the Approved 2956 Organic Materials Processing Facility for Processing. If a Commercial Customer subject to the 2957 requirements of AB 1826 refuses Organics Materials Collection Service, Contractor shall not be required 2958 to provide service to that Customer and shall notify the applicable RA Member within 30 days of the 2959 Customer’s refusal and in Contractor’s quarterly report. “Subject to the requirements of AB 1826” 2960 means that the Commercial Customer is subscribed for a volume of weekly Solid Waste service equal to 2961 or greater than the applicable volume threshold set forth in California Public Resources Code 2962 §42649.81(a)(2), (3) or (4).
93 2963 Containers: Carts, Bins, Compactors
2964 Container Sizes: 64‐, and 96‐gallon or comparable size Carts:1‐ and 2‐ cubic yard Bins; and, 2965 Compactors (as requested by Customer)
2966 Service Frequency: Up to six (6) times per week but not less than one (1) time per week, as 2967 requested by Customer
2968 Service Location: Curbside or other Customer‐selected service location at the 2969 C o m m e r c i a l Premises (difficult to Service charges may apply if service 2970 location is not immediately accessible by the Collection vehicle) 2971 Acceptable Materials: Organic Materials
2972 Prohibited Materials: Solid Waste, Recyclable Materials, ExcludedWaste 2973 Additional Service: Special pickups requested by a Customer, on days other than their regularly 2974 scheduled Collection day, will be available at an approved additional charge. 2975 Extra picks ups can be scheduled equating to up to six days per week total 2976 service.
2977 Other Requirements: Contractor shall contact Commercial Customers in advance of the start of 2978 service to determine appropriate Container sizes and service frequency. 2979 Contractor shall open and close gates, push and/or pull Containers, lock and 2980 unlock Containers, or perform other services as reasonably necessary to access 2981 and empty Containers (additional charge may apply). 2982 If a Customer places Organic Materials Container(s) for Collection and the 2983 materials placed in such Container(s) include a sufficient volume or particular 2984 type of Prohibited Materials that could reasonably result in the Approved 2985 Organic Materials Processing Facility either rejecting the material from 2986 Processing or charging Contractor a greater amount for Processing, Contractor 2987 may classify that set‐out as “Contaminated”. Contractor shall document any set‐ 2988 outs classified as Contaminated with photographic evidence of the presence of 2989 the Prohibited Material(s) and shall provide such evidence to the Regional 2990 Agency Contract Manager or Customer upon request. In the event of a 2991 Contaminated set‐out, Contractor shall provide Customer with a written 2992 warning of the Contamination and instruct the Customer about how to properly 2993 separate and place Organic Materials for Collection and Contractor may, at their 2994 sole discretion, refuse to Collect the Container until it is no longer 2995 Contaminated. In the event that Contractor classifies more than two (2) set‐outs 2996 in a consecutive three (3) month period as Contaminated, whether Collected or 2997 not Contractor may assess the “Organics Contamination” Rate approved by the 2998 RA Member under this Agreement if Collected. In the event that Contractor has 2999 assessed the Organics Contamination Rate more than two (2) times in a 3000 consecutive six (6) month period, Contractor may cancel the Customer’s 3001 subscription to the Organic Materials program and may prohibit such Customer 3002 from subscribing to the program until they demonstrate to the satisfaction of 94 3003 the Contractor or Regional Agency Contract Manager that adequate measures 3004 have been implemented to prevent future contamination. 3005
95 3006
3007 ATTACHMENT B4: RA MEMBER SERVICES
3008
3009 1. Commercial Customer Services to RA Member Facilities 3010 Contractor shall Collect Solid Waste, Recyclable Materials, Source Separated Recyclable Materials, 3011 Organic Materials, and Bulky Items and Reusable Materials from RA Member facilities in the same 3012 manner as those services are provided to Commercial Customers. Contractor shall provide service to all 3013 existing RA Member facilities identified in Attachment B5 as well as any future RA Member facilities 3014 established after the commencement of services. Contractor shall provide these services at no 3015 additional cost to theRA Member.
3016
96 3017 ATTACHMENT B5:
3018 RA MEMBER FACILITY SERVICE LEVELS AND LOCATIONS
3019 RA Member Facilities
3020 Contractor will collect Solid Waste, Recyclable Materials, Organic Materials, and Bulky Items and 3021 Reusable Materials from RA Member facilities in the same manner as those services are provided to 3022 Commercial Customers. Contractor will provide service to all RA Member facilities (both existing 3023 facilities and RA Member facilities established after the Commencement Date), at no additional cost to 3024 the RA Member. Listed below are current RA Member facilities receiving Collection services and other 3025 facilities such as parks that may or may not currently be serviced but are included in the Franchise 3026 Agreement as a RA Member Facility.

RA MEMBER FACILITIES

CITY OF HOLLISTER
Service Address Facility Name
395 Apollo Ct. City of Hollister Police
2690 San Juan Hollister Rd City of Hollister Water Treatment Plant 2000 Aero Star Way City of Hollister- Airport
60 Airport Drive City of Hollister- Airport
90 Skylane Drive City of Hollister Airport
1331 South Street City of Hollister-Animal Shelter
365 Fourth St City of Hollister-Briggs Building
375 Fifth St. City of Hollister-City Hall
1321 South St. City of Hollister-City Yard
300 West St City of Hollister-Community Center
1000 Union Rd City of Hollister-Fire
110 Fifth St City of Hollister-Fire Dept
649 San Benito St City of Hollister-Veteran's Memorial Building

CITY OF SAN JUAN BAUTISTA
Service Address Facility Name
311 Second St., A San Juan Bautista City Hall
311 Second St. San Juan Bautista Fire Station
701 Second St. San Juan Bautista Corp Yard
801 Second St. San Juan Bautista Library

SAN BENITO COUNTY
Service Address Facility Name
710 Flynn Rd. County Jail
708 Flynn Rd SBC Juvenile Hall
3220 Southside Rd. SBC Agriculture Department
3220 Southside Rd. SBC Corporation Yard
3240 Southside Road County Transit Agency
481 4th Street SBC Administration Department
2301 Technology Drive SBC Sheriff
97 2301 Technology Drive SBC Resource Management Agency Hwy 25 SBC Training Facility (range)
1221 Memorial Drive Bertha Briggs Building
2650 John Smith Road Household Hazardous Waste Events
3027
3028
PARKS

CITY OF HOLLISTER
Service Address Park Name
2045 San Juan Road Brigantino Park
1151 Buena Vista Road Calaveras School Park
2151 Cerra Vista Drive Cerra Vista School Park
600 West Street Dunne Park
Beverly Drive/Spruce Drive Frank Klauer Memorial Park
Central Avenue John Z. Hernandez Memorial Park
Las Brisas between Hillcrest & Sunnyslope Las Brisas Park Marguerite Maze School/Meridian Road Marguerite Maze Sports Complex Prospect/Park Street Rancho San Justo Sports Complex
San Andreas School/Alvarado Drive McCarthy Park
San Felipe/Fallon next to CDF Jerry Gabe Memorial Park
Bridge Road/Bridgeville Subdivision Tony Aguirre Memorial Park 2381 Driftwood Court Valley View park
498 Hill Court Vista Park Hill

CITY OF SAN JUAN BAUTISTA
Service Address Park Name
409 Fifth Street Abbe Park
Third Street & San Jose Street Verutti Park

COUNTY OF SAN BENITO
Service Address Park Name
1023 Memorial Drive Veterans Memorial Park/ Softball Fields/Skate Park 8300 Airline Highway San Benito County Historical Park
1221 Memorial Drive Bertha Briggs Memorial Youth Center 3029
3030
3031
98 3032
3033 ATTACHMENT B6:
3034 RA MEMBER PUBLIC LOCATION SERVICE LEVELS
3035 Contractor will collect materials deposited in Public Solid Waste, Recyclable Materials and Organic 3036 Materials Containers which are located in the Regional Agency Service Area and are listed below and 3037 shown on the attached map. The RA Member reserves the right to change the service schedule at any 3038 time during the term of this Agreement upon not less than thirty (30) calendar days written notice to 3039 Contractor and may add Public Containers as it deems necessary. Contractor shall provide these services 3040 at no additional cost to theRA Member.

PUBLIC RECEPTACLES*

CITY OF HOLLISTER
Service Address # of trash/recycle receptacles
Third-Fourth Street 5
Fourth-Fifth Street 6
Fifth-Sixth Street 9
Sixth-Seventh Street 8
Seventh-South Street 9
South-Hawkins Street 3

CITY OF SAN JUAN BAUTISTA
Service Address # of trash/recycle receptacles
Second/Polk Street 2
Franklin-Washington Street 2
Washington-Polk Street 2
Polk-Muckelemi Street 2

COUNTY OF SAN BENITO
Service Address # of trash/recycle receptacles
3041
3042 *Map of locations available upon request from Recology. 3043
3044
3045
3046
99 3047 ATTACHMENT B7:
3048 RA MEMBER COMMUNITY EVENTS SCHEDULE
3049
3050 Event or Venue Location Estimated Date

CITY OF HOLLISTER
Downtown Spring Cleanup Monterey Street May
Wine & Beer Stroll Downtown Hollister May
Hollister Air Show Hollister Airport, 90 Skylane Dr. May /June Hollister Motorcycle Rally (AKA Hollister
Independence Rally)
455 San Benito Street June /July
Street Festival and Car Show San Benito Street July
Hollister Concerts/Tributes 500 John Smith Road Summer
Relay for Life TBD July
Farmers Market San Benito Street Summer
Beer & Bacon Crawl Downtown Hollister Sept. (Cancelled 2017) Holiday of Lights Celebration 455 San Benito Street Early December Hollister Firefighters/Breakfast w/ Santa 670 College Street Early December

CITY OF SAN JUAN BAUTISTA
San Juan Bautista Arts and Crafts Show 311 Second Street March The Great San Juan Bautista Rib Cook-Off Second Street May California Indian Market/Peace Dance SLB School May
Show and Shine Car Show Downtown May
Early Days at SJB Park SJB State Park June
Old Mission Fiesta Mission San Juan June
Los Padrinos Car Show Downtown June
Living History Days SJB State Park Each month
Antique & Collectibles Fair Historic City of San Juan Bautista August National Make a Difference Day Library & Luck Park Washington St.

Bridge
Community Center Downtown
City Hall & Fire Station
Abbe Baseball Park
October
Ghost Walk Downtown October
Kids Halloween Party Downtown October
Dia Day Los Muertos Theatro and Downtown November
Holiday Bonfire Mission Parking Lot December
Holiday Parade 3rd Street (San Juan School) Early December

COUNTY OF SAN BENITO
San Benito Saddle Horse Show 9000 Airline Parkway/Tres Pinos June Indian Canyon Storytelling Indian Canyon July
Bluegrass Festival San Benito Park/Tres Pinos August
Aromas Day Downtown Aromas August
San Benito County Fair 9000 Airline Parkway/Tres Pinos Sept./October San Benito Olive Festival Brigantino Park, 2037 San Juan Road, Hollister
October
100
3051
3052 ATTACHMENT B8:
3053 PUBLIC EDUCATION AND OUTREACH REQUIREMENTS
3054
3055 1. General Administration
3056 The RA Members place high importance on effective public outreach and education to help residents 3057 and businesses understand options and benefits of source reduction, reuse, Recycling, and Composting. 3058 General provisions are asfollows:
3059 1. Prior to the Commencement Date and by April 1 of each following year during the Term of this 3060 Agreement, Contractor shall develop and submit an annual public education plan (PEP) to promote 3061 the programs performed by Contractor under this Agreement. The PEP will specify the target 3062 audience for services provided, community events, identify program objectives, tasks, public 3063 education materials to be developed or updated, opportunities to expand partnerships in the 3064 community, and timeline for implementation. Input shall be solicited from the Regional Agency 3065 Contract Manager (RACM) who will review deadlines, tasks and objectives and products 3066 developed. Contractor shall meet with the RACM to present and discuss the PEP, review the prior 3067 year’s activities (including direct and in‐kind donations made, sponsorships and services provided 3068 to RA Member community events) and determine whether community activities and the provision 3069 of services to the RA Members reflect the needs of RA Members. The RACM shall be allowed up to 3070 thirty (30) calendar days after receipt to review, request modifications, and approve thePEP. 3071 2. The RACM and Contractor shall meet a minimum of one (1) time per calendar quarter to discuss 3072 progress in commercial/multi-family technical assistance and increased recycling services, 3073 outreach, and educational campaigns and request changes or adaptations to the PEP. 3074 3. Contractor shall distribute instructional information, public education, and promotion materials in 3075 advance of, and following, commencement of services. This shall entail, at a minimum, distributing 3076 program literature with delivery of Containers. Contractor shall use multiple media sources 3077 including print, radio television, electronic / social media, and events to notify Customers of the 3078 change in their services and to highlight new program offerings. Transition and ongoing 3079 sector‐specific collateral materials shall be developed and distributed and produced in English and 3080 Spanish.
3081 4. When developing outreach, educational and promotional materials, Contractor shall work with the 3082 RACM to understand goals and objectives and ensure all public education efforts are delivered in a 3083 coordinated manner. All outreach and educational materials shall be thematically branded with 3084 consistent color and font, produced in English and Spanish; and photo‐oriented to appeal to varied 3085 language and literacy levels. Materials shall also be made available in digital form and shall be 3086 printed double‐sided by a San Benito County business on 100% recycled and recyclable paper. 3087 Prior to finalizing any collateral materials, and no fewer than four (4) weeks prior to the deadline 3088 for distribution, the draft shall be provided to the RACM for a final review before print. 3089 5. All RA Member facilities shall receive all public education and outreach materials and services 3090 provided to the Commercial sector. Contractor shall provide all printed public education materials 3091 to RA Member offices and facilities to have available for the public that visits those facilities and 3092 shall replenish the materials as requested by the RACM. 3093 6. Contractor shall develop and utilize corrective action notices that will also function as 101
3094 non‐Collection and courtesy notices in clear instances of Customer non‐compliance. Contractor 3095 shall develop and maintain a system of keeping records of and following up with Customers who 3096 receive non‐ Collection notices during Collection ofmaterials. 3097 7. Contractor shall develop a website specific to its operations in San Benito County, with a section 3098 specific to Regional Agency and RA Members programs and services, that will be used to post 3099 educational materials for download, highlight program successes and provide Diversion statistics. 3100 Contractor shall prepare multi‐lingual public education materials in English and Spanish and post 3101 the multi‐lingual outreach materials on its website. 3102
3103 2. Public Education and Outreach Team
3104 To achieve a high level of recycling public education and awareness, Contractor shall employ a minimum 3105 of one full‐time Waste Zero Manager (WZM) and one (1) full‐time Waste Zero Specialist (WZS) to 3106 develop and implement all public education and outreach activities required by this Agreement for all 3107 RA Members and shall serve the Regional Agency Service Area exclusively. Also, during year 1 only of 3108 this Agreement, Recology shall have two additional WZS’s. The public education and outreach staff shall 3109 work with the RA Members and the Regional Agency to conduct outreach, promote waste reduction, 3110 recycling, diversion programs, and provide technical assistance to Multi‐family and Commercial 3111 Customers.
3112 The WZM shall have the following duties and responsibilities:
3113 1. Serve as liaison with the Regional Agency and RA Members. In this capacity, WZM shall participate 3114 in PEP and other strategy development meetings to increase recycling, organics collection, source 3115 reduction, reuse, and composting;
3116 2. Initiate and participate in community activities and offer support to local serviceorganizations; 3117 3. Work with the WZS to ensure recycling for all sectors of residential, commercial, multi-family 3118 (MFD) is increasing, ensure recycling participation is high and ongoing efforts are provided to 3119 increase general knowledge of waste reduction alternatives. 3120 4. Meet with the RACM quarterly to discuss methods to increase recycling particularly for the 3121 Commercial and MFD and discuss methods to increase recycling and decrease solid waste. 3122 5. Develop and maintain relationships with the media and draft press releases to increase recycling 3123 participation and waste reduction alternatives, increase recycling event and workshop 3124 participation and promote other methods to increase diversion. 3125 6. Develop and participate in events and meetings in the community to promote recycling and 3126 diversionprograms
3127 7. Ensure compliance with the Agreement, AB 341, AB 1826, AB 939 and other solid waste related 3128 mandates and requirements(s).
3129 The WZS shall have the following duties andresponsibilities:
3130 8. The WZS’s primary function is to increase recycling by providing onsite technical assistance to MFD 3131 and Commercial Service Recipients and meet with the Commercial primary decision maker (i.e., 3132 the person with authority to make service changes), janitorial staff, and employees using the 3133 services to increase recycling and decrease garbage and ensure employees (and residents of MFDs) 3134 fully participate in recycling and other diversion programs. 3135 9. Provide training to staff at Commercial and MFD accounts to ensure full knowledge and 102
3136 participation by the Commercial and MFD accounts, and periodically follow up with Commercial 3137 and MFD accounts to maximize recycling and reduce contamination. 3138 10. Initiate outreach and education opportunities in the community and have a clear understanding of 3139 San Benito County’s unique challenges and provide solutions to increase diversion. Provide 3140 educational/outreach materials to assist Commercial and MFD accounts staff and their janitorial 3141 staff to know about and fully utilize the recycling program. Be proactive in reducing recurring 3142 contamination issues and implement solutions;
3143 11. Initiate and participate in recycling training workshops, Regional Agency and RA Members‐ 3144 sponsored activities, civic and business group meetings, and other community events to actively 3145 increase recycling;
3146 Contractor’s WZM and WZS shall, at a minimum, perform the following additionaltasks:
3147 12. Actively develop partnerships with the Regional Agency and RA Members’ staff provides 3148 workshops and educational activities;
3149 13. Initiate recycling and other diversion activities at community events and activities; 3150 14. Ensure compliance and high level of quality Customer service of program services, as described 3151 in Attachment B to the Agreement;
3152 15. Ensure compliance with the Agreement and regulatory agencies having jurisdiction over 3153 Contractor’s activities;
3154 16. Develop and implement the annual PEP;
3155 17. Initiate and provide onsite technical assistance meetings with Commercial and MFD accounts 3156 and meet with all Commercial and MFD accounts a minimum of one (1) time every year. For 3157 each technical assistance meeting, the WZS will complete each action as detailed in Attachment 3158 B8-A and report progress. Provide training staff at the Commercial and MFD accounts and 3159 provide ongoing follow-up to ensure full participation in the programs. 3160 18. Provide the Quarterly Recycling Technical Assistance Report that provides the individual CTAP 3161 reports and summarizes noteworthy successes or challenges of the commercial technical 3162 assistance program CTAP site visits provided in the prior quarter. Attachment B8-A. The reports 3163 shall be filed with the Contractor’s quarterly reports required under Section 7.3.B and 3164 Attachment D.
3165 19. Actively encourage all Customers to use the educational information (posters, etc.) to fully 3166 participate in recycling and diversion programs.
3167 20. Plan recycling and organics program collection services for community events and large venues 3168 and coordinate with the event organizer to discuss location/placement of recycling /organics 3169 bins, recycling posters and other education to maximize diversion at each events or venue, 3170 provide diversion reporting. Provide recycling program planning materials to event/venue 3171 coordinator/facility staff to maximize recycling and reduce disposed waste; 3172 21. Develop and provide reports as required under this Agreement and/or requested by the RACM. 3173
3174 3. Sector-Specific Activities
3175 The following tables present the public education and outreach activities to be performed by Contractor 3176 as minimum requirements under this Agreement. Each type of Customer faces unique waste 3177 management opportunities and challenges; therefore, Contractor shall develop targeted, sector‐specific 3178 educational materials and perform outreach activities as described for each CustomerType. 103
3179 Public Education and Outreach
3180 All printed materials also to be posted on the Contractor’swebsite. 3181 The following public education and outreach materials shall each be produced for the benefit of all Customer Types that receive Collection 3182 service from the Contractor. The listing is broken out between those materials and activities required during the initial start-up and rollout of 3183 Collection service and those required on an ongoing basis. 3184 Initial Start-Up Public Education and Outreach Materials and Activities Task Description Distribution/Frequency

ALL SECTORS
Print and Electronic
Advertising
Prepare/distribute a newspaper advertisement and electronic advertising (e.g., on a website) information that explains all programs that will be offered under the new Agreement.

One (1) time at beginning of
the Agreement (20‐30 days
prior to contract start date).

Public Service
Announcement (PSA)
Prepare and distribute a PSA for local radio and cable television broadcast describing the new programs under the Agreement.

One (1) time at beginning of
the Agreement (20‐30 days
prior to contract start date).

Press Release Contractor shall produce a press release to advertise and promote all programs, with focus on any new programs that will be offered to each sector (Single‐Family, Multi‐Family, Commercial,schools, RA Members’facilities).

One (1) time at beginning of
the Agreement (20‐30 days
prior to contract start date).

Social Media Contractor shall produce content tailored for distribution via social media including Facebook, Twitter, and any others forms of social media mutually agreed upon.

Contractor to develop a specific plan for the content to be distributed.

Ongoing at least 45 days prior
to contract start date.

SINGLE‐FAMILY
New Programs Mailing Prepare and distribute an initial mailing to Single‐Family Customers explaining the program changes in the new Agreement; changes from the existing Collection programs to new programs; and, the effective date of the change.

One (1) time at beginning of
the Agreement (45‐60 days
prior to Commencement
Date) via direct mail.

Recycling Guide Contractor to develop a “Recycling Guide” specific to Single‐Family Customers and update the guide as needed. This guide to include information on the specific recyclables materials and organic materials (yard waste and food waste) accepted and what is not accepted, proper set out instructions, contact information, and provide program details described in Attachment B1. A section of the guide will specifically address proper methods of handling and Disposal of Hazardous and Electronic Wastes.

One (1) time at beginning of
the Agreement (20‐30 days
prior to Commencement
Date).
104
Website Contractor to develop a “Single‐Family Customer” section on its website to inform Customers with “how‐to” information for recycling, organics collection proper Container set‐outs instructions, special collection information, and provide Single‐Family Customers with links for additional resources. Provide Single‐Family educational materials in this section of Contractor’s website in PDF and/or video format. Include the current Rates charged to Single‐Family Customers within the Agency Service Area.

At least thirty (30) days prior
to Commencement Date.

MULTI-FAMILY
New Programs Mailing Prepare and distribute an initial mailing to all Multi‐Family households as applicable within Service Area explaining the program changes in the new Agreement; changes from the existing Collection programs to new programs; and, the effective date of the change. Highlight that free recycling assessments are available to help them with their recycling program. The Contractor shall document the method used to satisfy this requirement, which may include Contractor providing the property manager/owner with sufficient copies of mailed materials to distribute to their tenants.

One (1) time at beginning of
the Agreement (45‐60 days
prior to Commencement
Date) via direct mail to each
Multi‐Family household (or
property manager/owner) in
the Service Area.

Recycling Guide Contractor shall produce a “Recycling Guide” specific to Multi‐Family Customers and update the guide as needed. This guide to include information on the specific recyclables materials and organic materials (yard waste and food waste) accepted and what is not accepted, proper set out instructions, contact information, and provide program details described in Attachment B2. Specifically address proper methods of Disposal of Hazardous and Electronic Wastes.

One (1) time at beginning of
the Agreement (20‐30 days
prior to Commencement
Date).

Website Contractor to prepare a “Commercial and Multi‐Family Customer” section of its website where it will present “how‐to” information for participating in Contractor‐ provided programs including proper Container set‐outs and provide Multi‐ Family Customers with links to click on for additional resources. All other Multi‐ Family educational materials shall be posted on this section of Contractor’s website in PDF and/or video format. The website shall also publish the current Rates charged to Multi‐Family Customers within the Service Area. The website shall also provide Multi‐Family property managers with an opportunity to request “Recycling assessments” or additional “move‐inkits”.

At least thirty (30) days prior
to Commencement Date.
105

COMMERCIAL
New Programs Mailing Prepare and distribute an initial mailing to all Commercial Customers within the Regional Agency Service Area explaining the program changes in the new Agreement; changes from the existing Collection programs to new programs; and, the effective date of the change. Highlight the availability of free recycling assessments.

One (1) time at beginning of
the Agreement (45‐60 days
prior to Commencement
Date) via direct mail.

Recycling Guide Contractor to produce a “Recycling Guide” specific to Commercial Customers and update the guide as needed. This guide to include information on specific recyclables materials and organic materials (yard waste and food waste) accepted and what is not accepted, proper set out instructions, contact information, and provide program details described in for all Commercial programs described in Attachment B3. Highlight free recycling assessments. Include proper Disposal of HazardousWastes.

One (1) time at beginning of
the Agreement (20‐30 days
prior to Commencement
Date) and as needed via direct
mail. Distributed during
Recycling assessments.
“How‐to” Flyer: Recyclable
Materials
Prepare and distribute a “how‐to” brochure explaining the Recycling Materials Collection programs for businesses.

One (1) time at beginning of
the Agreement (20‐30 days
prior to contract start date)
via direct mail. Distributed
during Recycling assessments.
“How‐to” Flyer: Organic
Materials
Prepare and distribute a flyer describing the Organic Materials Collection services available and how to prepare Organic Materials for Collection for businesses.

Distributed during Recycling
assessments.

Website Contractor to prepare a “Commercial and Multi‐Family Customer” section of its website where it will present “how‐to” information for participating in Contractor‐ provided programs including proper Container set‐outs and provide Commercial Customers with links to click on for additional resources. All other Commercial educational materials shall be posted on this section of Contractor’s website in PDF and/or video format. The website shall also publish the current Rates charged to Commercial Customers. The website shall also provide Commercial businesses with an opportunity to request recycling assessments.

At least thirty (30) days prior
to Commencement Date.
3185
3186
3187
3188
3189
3190
106
3191 Ongoing Public Education and Outreach Materials and Activities 3192 Public Education and Outreach | Single‐Family Education and OutreachActivities 3193 All printed materials also to be posted to the Company’swebsite.

Task Description Distribution/Frequency
Bill insert
Each RA Member may direct Contractor to produce and insert mailers with billings relating to RA community events, newsletter, other public education and outreach activities, other environmental programs, and authorized rate increases up to six (6) times per year.

Bi-monthly in each Customer
bill.

Recycling Guide Contractor shall produce a “Recycling Guide” specific to Single‐Family Customers and update the guide as needed. Guide to include information on specific recyclables materials and organic materials (yard waste and food waste) accepted and what is not accepted, proper set out instructions, contact information, and provide program details described in for all Single‐Family programs described in Attachment B1. A section of the guide will specifically address proper methods of handling and Disposal of Hazardous Wastes.

To each new Single‐Family
Customer throughout Term of
Agreement.

Neighborhood Group & HOA
Visits
Provide onsite technical assistance or training to homeowner associations and other neighborhood groups and associations to promote and explain the Recycling programs included in this Agreement.

At Regional Agency Contract
Manager or Customer request.

Biennial Newsletter Prepare and distribute biennial (Spring and Fall ) newsletters that creatively inform Residential Customers about Bulky Item pick‐ups, home Composting, proper handling of Household Hazardous Waste, E‐Waste, and U‐Waste, other environmental conservation topics statistics, trends, and facts about programs performed under this Agreement (i.e. material Collected, Tonnage, year over year increase/decrease, markets for material Collected, what each material is Recycled into, and the importance of buying Recycled). Contractor shall include an educational section in each newsletter geared towards children.

Spring and Fall each year
included in each mailed
Customer bill and
downloadable from electronic
Customer bills.

Corrective Action Notices Produce a Single‐Family Customer oriented corrective action notice for use in instances where the Customer includes prohibited materials in a Container or fails to properly prepare or set‐out Containers.

As needed.
3194
3195
107
3196
Task Description Distribution/Frequency
Website Contractor shall prepare a “Single‐Family Customer” section of its website where it will present Customers with “how‐to” information for participating in Contractor‐provided programs including proper Container set‐outs and provide Single‐Family Customers with links to click on for additional resources. All other Single‐Family educational materials shall be posted on this section of Contractor’s website in PDF and/or video format. The website shall also publish the current Rates charged to Single‐Family Customers within theRegional Agency Service Area.

Updated no less than
quarterly.

Social Media Contractor shall produce content tailored for distribution via social media including Facebook, Twitter, and any others forms of social media mutually agreed upon.

Contractor to develop a specific plan for the content to be distributed, included a calendar delineating the frequency of posts and tweets.

Ongoing
108
3197 Public Education and Outreach | Commercial and Multi‐Family Education and Outreach Activities 3198 All printed materials also to be posted to the Company’swebsite.

Bi-monthly in each Customer
bill as applicable.

Recycling Guide Contractor to produce a “Recycling Guide” specific to Commercial and Multi‐Family Customers and update the guide as needed. This guide to include information on all acceptable materials for recycling and organics collection and what is considered contaminants and contact information. All Commercial and Multi‐Family programs described in Exhibit B2. A section of the guide will specifically address proper methods of handling and Disposal of Hazardous Wastes, Electronic waste.

Via direct mail to each
Commercial and Multi‐Family
household in Regional Agency
Service Area as applicable.

Biennial Newsletter Prepare and distribute biennial (Spring and Fall) newsletters that creatively inform Commercial and Multi‐Family Customers about topics as availability of Bulky Item pick‐ups, Composting, proper handling of Household Hazardous Waste, E‐Waste, and U‐ Waste, environmental conservation statistics, trends, and facts about programs performed under this Agreement (i.e., material Collected, Tonnage, year over year increase/decrease, importance of buying recycled content products, non-toxic materials, etc.).

Biennial (Spring and Fall) via
direct mail to each
Commercial and Multi‐ Family
household in Regional Agency
Service Area as applicable.
109
3199
Task Description Distribution/Frequency
Technical Assistance: Recycling
Assessments
Provide onsite technical assistance at least one (1) time annually for all Commercial and MFD customers and other facilities with a special focus on AB341 and AB 1826 accounts to ensure compliance. Technical Assistance is to meet requirements of this Attachment B8 and include on site walk through of facility, training of staff, provide posters/outreach materials, provide cost savings resulting from increasing recycling and organics (and reducing garbage services), and include recommendations to increase recycling and reduce contamination.

Contractor to work with customer service and operations to implement service level changes, as needed.

Prepare Recycling Assessment reports for each technical assistance site visit.

Submit reports, see Attachment B8-A, to RACM to document Customers that received technical assistance in the prior quarter.

Provide onsite technical
assistance to all Commercial
and MFD accounts at least one
(1) time per year, plus
follow‐up meetings with
individual Customers, as
needed. Ensure attention and
compliance is provided for
Commercial and MFD accounts
that meet AB 341 and AB 1826
requirements.
“How‐to” Brochure: Recyclable
Materials
Prepare and distribute a “how‐to” brochure explaining the Recycling Materials Collection programs, contaminants, staff training tips and other information.

Distributed during Recycling
assessments.
“How‐to” Brochure: Organic
Materials
Prepare and distribute a brochure describing the Organic Materials Collection services acceptable material, contaminants, staff training tips and other information.

Distributed during Recycling
assessments.

Recycling and Organics Posters Produce and distribute Recycling assessments laminated Recycling and Organics posters that provide graphic illustrations of acceptable and prohibited materials within eachprogram.

Distributed during Recycling
assessments.

Move‐In Kits Prepare and distribute “move‐in kits” for property managers and owners of MFD accounts to provide new tenants. Move‐in kits shall include, at a minimum, a Multi‐Family/Commercial Recycling guide and promote the availability of a Recycling Tote for residents.

Distributed during onsite
Recycling assessments.
110
3200
Task Description Distribution/Frequency
Training and Workshops Offer and provide training and workshops for staff of Commercial and tenants for MFD accounts. Training should focus on how to use the Recycling and Organics program and provide a focus to janitorial staff to ensure they have knowledge of and participate in the recycling program.

At Commercial and MFD or RA
Member or Regional Agency
request.

Website Contractor to prepare a Commercial and “Multi‐Family Customer” section of its website where it will present “how‐to” information for participating in Contractor‐ provided programs including Acceptable materials, HHW, Universal Waste, Electronics Waste, Source Reduction, Buy Recycled and other waste prevention resources. Post Commercial and Multi‐ Family educational materials shall be posted on this section of Contractor’s website in PDF and/or video format. The website shall also publish the current Rates charged to Multi‐Family Customers within the Service Area. The website to provide Multi‐Family property managers with an opportunity to request “Recycling assessments” or additional “move‐inkits”.

Updated quarterly.

Social Media Contractor to produce content tailored for distribution via social media including Facebook, Twitter, and any others forms of social media mutually agreed upon. Contractor to develop a specific plan for the content to be distributed, included a calendar delineating the frequency of posts and tweets.

Ongoing
AB341 and AB 1826 Outreach
Activities
Contractor to develop and distribute AB341 and AB 1826 information and requirements.

One (1) time annually
Program Announcements On each bill, Contractor to include a brief statement to Commercial Customers providing service‐related announcements such as messages about new services, the on‐call clean‐up and Bulky Item pick‐up services, proper handling of Household Hazardous Waste, etc.

Included in Customer bill.

Corrective Action Notices Produce a Commercial and Multi‐Family Customer oriented corrective action notice for use when Customer has prohibited materials/contamination in a Container or fails to properly prepare or set‐out Containers.

As needed.
111
3201 Public Education and Outreach | Schools
3202 All printed materials also to be posted to the Company’s website as well as links to teacher resources. 3203
3204 The Regional Agency, RA Members and the Contractor shall collaborate on providing outreach to schools. 3205
Task Description Distribution/Frequency
Educational Materials Develop and distribute educational materials geared towards younger /school audiences including an educational video, an activity book, and recycling posters. The video shall be made accessible through RA Members and Regional Agency portions of the Contractorwebsite.

Upon request
Technical Assistance:

Recycling Assessment
Provide recycling and organics collection technical assistance to ensure compliance with AB341 and AB 1826 and provide annual recycling assessments, calculate Diversion rates, communicate results, provide recommendations to improve diversion.

Provide at least 1 onsite technical
assistance meeting annually. Agency
or RA Members’ Request.

Presentations Develop and implement a curriculum to teach children how to Recycle and Compost at school, source reduction, reuse at school and at home.

At School or Regional Agency or RA
Members’ Request.
3206
3207
112
3208 Attachment B8-A: Commercial Recycling and MFD Technical Assistance /Recycling Assessment Report Date of on-site technical assistance:

Business/MFD/School/Facility Name:

Owner/Decision-maker (DM) name, title and contact info:

Item Action  Completed

1. Meet on site with business owner, facility manager or other decision maker (DM) who has authority to change recycling/organics/solid waste service levels. Discuss current services/costs. Walk thru facility with DM to determine ways to increase recycling, improve convenience for staff to recycle, and decrease solid waste service.

2. Provide outreach materials, posters, and other tools to help increase recycling/ organics collection and discuss location to place recycling posters and recycling bins in facility with DM.

3. Train janitorial or staff to properly collect/place recyclables in correct containers. Ensure to train janitorial on how to properly use both the inside and outside recycling containers.

4. Demonstrate cost savings to DM through analyzing the before and after service levels implementing recycling and/or organics collection services.

5. Document results of on-site technical assistance. For example:
 Increased recycling 2-yard bin to 3-yard bin 2x/week and decreased garbage service from 3x/week to 2x/week
 Trained janitorial on 3/15/17
DOCUMENT RESULTS HERE:

Waste Zero Specialist Name/Signature ________________________________ Date:
3209
3210
3211
3212
3213
113
3214 ATTACHMENT C
3215 JOINT POWERS INTEGRATED WASTE MANAGEMENT AGREEMENT (1995) AND SAN BENITO COUNTY 3216 INTEGRATED WASTE MANAGEMENT REGIONAL AGENCY COST SHARING AGREEMENT (2006) 3217 (SEE SEPARATELY ATTACHED FILE)
3218
114
3219 ATTACHMENT D
3220 REPORTING REQUIREMENTS
3221
115
3222 As set forth in this Attachment, Contractor shall submit reports to the Regional Agency and RA Members 3223 in an agreed upon format that provides information that can be used to, among otherthings:
3224 1. Provide concise and comprehensive program information and metrics for use in fulfilling 3225 reporting requirements under AB 939, AB 341, AB 1826 and other Applicable Law. 3226 2. Evaluate past and expected progress towards achieving the Contractor’s Diversion goals and 3227 objectives.
3228 3. Determine needs for adjustment to programs.
3229 4. Evaluate Customer service and complaints as applicable. 3230 Quarterly Report Content
3231 Quarterly reports shall be presented by Contractor to show the following information for each month in 3232 the reported quarter and include a quarterly average. In addition, each quarterly report shall show the 3233 past four (4) quarters average for data comparison (the first three (3) quarters of the Agreement shall 3234 only include the available quarterly information). 3235 1. Tonnage Report
3236  Tonnage delivered to each Approved Facility by Customer Type, subtotaling and clearly 3237 identifying those Tons that are Disposed and those that are Diverted, inclusive of any 3238 Abandoned Waste.
3239  Quarterly measured contamination levels for Single-Family Recyclable Materials, Commercial 3240 (inclusive of Multi-Family) Recyclable Materials, Single-Family Organic Materials, and 3241 Commercial Organic Materials (inclusive of Multi-Family) as reported by the Approved Facilities. 3242  Units of Used Oil, E‐Waste, U‐Waste, and Bulky Items Collected by CustomerType. 3243  Recyclable Materials Tonnage Marketed (by commodity and including average commodity value 3244 for each) and Processing Residue Tonnage Disposed. 3245  Organic Materials Tonnage Marketed and Processing Residue Tonnage Disposed. 3246 2. Customer Report
3247  Number of Customers by Customer Type.
3248  Number of Containers at each Service Level by Customer Type and program. Summarizing the 3249 total gallons of Cart service, cubic yards of Bin service, and pulls and cubic yards or Tons of 3250 Compactor service by Customer Type. Report should calculate the average volume of service 3251 received per: Single‐Family Customer; Multi‐Family dwelling unit; Commercial Customer; and, 3252 C&D Customer as applicable.
3253  Number of Bulky Item/Reusable Materials Collection events by Customer Type. Participation 3254 percentage by program and Customer Type where the participation percentage is calculated as 3255 the number of Customers who have subscribed to or requested service under the program 3256 relative to the number of Customers of that Customer Type subscribing to Solid Waste service. 3257 Contractor shall not be required to submit participant Customer names and addresses as part of 3258 the regular reporting; however, such information shall be provided to the Regional Agency 3259 Contract Manager upon request.
3260 3. RA Member Report
3261  RA Member facility Diversion rate report (i.e. volume of service by Service Type received by each 3262 RA Member Facility and the percentage of the total Service Levels that are for Diversion services 3263 relative to the total).
3264  Summary report on the programs offered to RA Members as described in Attachments B5-B7 3265 focused on when each service was provided, and any issues/concernsidentified. 3266  Summary report on free compost donated, and results of e-waste and shred events. 3267  Summary report on any community clean-up events. 116
3268  Summary report on Abandoned Waste trouble spots where the Contractor repeatedly observes 3269 litter.
3270  Summary report on Public Container trouble spots where the Contractor repeatedly observes 3271 litter.
3272 4. Customer Service Report
3273  Number of Customer calls listed separately by complaints and inquiries (where inquiries include 3274 requests for Recycling information, Rate information, etc.). For complaints, list the number of 3275 calls separately by category (e.g., missed pickups, scheduled cleanups, billing concerns, damage 3276 claims, etc.).
3277  Number of new service requests for each Customer Type andprogram. 3278  Number of events of Discarded Materials being tagged for non‐Collection summarized by the 3279 reason for tagging (e.g., inclusion of non‐Recyclable or non‐Compostable materials, improper 3280 set out, Hazardous Waste, etc.).
3281  Number of hits and unique visitors to the Contractor’swebsite. 3282  Number of Customers utilizing electronic billing. 3283 5. Education and Outreach Report
3284  Provide a status report of Contractor’s actual activities completed compared to the annual 3285 public education plan. For each completed item, document the results including what date the 3286 activity was performed, how many Customers were targeted or participated, and what methods 3287 were used to accomplish the task, if different from the plan. The status report shall detail all 3288 public education and outreach activities associated with compliance with AB 341, AB 1826 and 3289 other related laws and regulations.
3290  Summarize the Recycling assessments provided to Customers (reporting Multi‐ Family separate 3291 from Commercial) by identifying the number of Recycling assessments conducted each month in 3292 the most‐recently completed quarter, and contact information including address, contact 3293 names, telephone number of Persons contacted, number of units (for Multi‐Family), and the 3294 Solid Waste and Recyclable Materials Service Level for each complex. Include any Service Level 3295 changes resulting from such visits. Include copies of the completed Commercial Recycling 3296 Assessment Program reports.
3297  Dates, times, and group names of meetings and events attended. 3298 6. Pilot and New Programs Report
3299 For each pilot and/or new program as applicable, provide activity related and narrative reports on 3300 goals, milestones, and accomplishments. Describe problems encountered, actions taken and any 3301 recommendations to facilitate progress. Describe vehicles, personnel, and equipment utilized for each 3302 program.
3303 7. Revenue Report
3304 Provide a statement detailing Gross Receipts from all operations conducted or permitted pursuant to 3305 this Agreement as required by Section 8.8.
3306 Annual Report Content
3307 The annual report shall be the fourth quarterly report plus the following additional information. 3308 1. Summary Assessment
3309 Provide a summary assessment of the programs performed under this Agreement from Contractor's 3310 perspective relative to the financial and physical status of the program. The physical status assessment 3311 shall reflect how well the program is operating in terms of efficiency, economy, and effectiveness in 3312 meeting all the goals and objectives of this Agreement, particularly the Contractor’s Diversion goals. 3313 Provide recommendations and plans to improve. Highlight significant accomplishments and problems. 3314 Results shall be compared to other similar size communities served by the Contactor in the State. 117
3315 2. Operational Information
3316 a) Vehicle Inventory. Provide a listing of all vehicles used in performing services under this 3317 Agreement including the license plate number, VIN, make, model, model year, purchase date, engine 3318 overhaul/rebuild date (if applicable), and mileage at December 31. 3319 b) Cart Inventory. Provide a listing of all Containers (carts and bins) in service including year placed 3320 into service.
3321 c) Collection Route Maps. Updated Collection Route maps as original included in Attachment F7. The 3322 Regional Agency or RA Member may also request, but is not requiring annual submittal of, other 3323 operational information such as routes by customer type, personnel details and productivity statistics. 3324 3. Recyclables Markets
3325 Contractor shall include a listing of markets for Recyclable Materials and the end use of these 3326 materials. This type of information is intended to help the Agency gauge the sustainability of Recycling 3327 markets and the ultimate Disposal of all types of materials Collected. 3328 4. Performance Incentives/Disincentives
3329 Determination and Payment of Performance Incentives and Disincentives. In accordance with the 3330 requirements of Section 11.6, Contractor shall provide with its Annual Report, a report that identifies 3331 any non-compliance with the performance standards listed in Attachment H and includes calculation 3332 of the Performance Incentive payments and Disincentive assessments due. Performance Incentives (in 3333 the form of increased compensation to Contractor) will be awarded by the RA Member for excellent 3334 performance on aspects of Solid Waste diversion, as specified in Attachment H. Performance 3335 disincentives will be assessed by the RA Member for substandard performance on aspects of Solid 3336 Waste diversion specified in Attachment H.
3337 5. Financial Information
3338 a) Affiliates. As part of the annual reporting requirement, Contractor shall provide the Regional 3339 Agency and RA Members with a copy of each Affiliate whose cost of services are not 3340 pre‐determined in this Agreement on a unit price basis or by a governmental contractor) audited 3341 annual financial statements and management letter for that fiscal year, or within ninety (90) 3342 calendar days of each related party entity's fiscal year‐end, if timing does not coincide with the 3343 annual report date. Financial statements shall be prepared in accordance with generally accepted 3344 accounting principles (GAAP) and audited, in accordance with GAAS, by a CPA licensed in the State, 3345 and that the CPA's opinion on each related party entity's annual financial statements shall be 3346 unqualified, and that the CPA make available to the Agency (or the Agency's designated 3347 representative) such CPA's working papers related to the audit. 3348 Contractor agrees that all financial transactions with all related party entities shall be approved in 3349 advance in writing and disclosed in a separate disclosure letter to the RA Member, upon request. This 3350 letter shall include, but not be limited to, the following information:
3351  A general description of the nature of each related party entity transaction, or type of 3352 transaction (if many similar transactions exist) shall be provided, as applicable. Such description 3353 shall include for each (or similar) transaction, amounts, specific related party entity, basis of 3354 amount (how amount was determined), description of the allocation methodology used to 3355 allocate any common costs, and profit amount. Amounts shall be reconciled to the related party 3356 entity disclosures made in Contractor's annual audited financial statements referred to in this 3357 Exhibit.
3358  At the RA Member’s request, Contractor shall provide the RA Member with copies of working 3359 papers or other documentation deemed relevant by the Contractor relating to information 3360 shown in the annual disclosure letter.
118
3361 It is agreed that the costs of the organics processing services provided by South Valley Organics are 3362 pre-determined in this Agreement on a unit price basis, and therefore audited financial statements of 3363 South Valley Organics need not be provided.
3364
3365
119
3366 ATTACHMENT E
3367 CONTRACTOR’S COMPENSATION AND RATE SETTING
3368
120
3369 Overview
3370 Subject to the terms herein (with capitalized terms having the meaning set forth below or in Attachment 3371 A), the Contractor shall be entitled to an annual adjustment of all Rates. Each Rate, excluding special 3372 charges, includes an “Operating Component”, “Disposal Component”, “Processing Component”, and 3373 “Fee Component”, which are annually adjusted.
3374 Contractor shall submit its application for a Rate adjustment to the Regional Agency Contract Manager 3375 on or before April 1 of each Rate Period where Rates will be adjusted using the index‐based 3376 methodology. Contractor’s Rate application shall document all calculations and include all supporting 3377 schedules, documentation of Disposal or Processing Facility tipping fee changes, documentation of 3378 changes in Governmental Fees, and any other documentation or evidence determined by the Regional 3379 Agency Contract Manager to be reasonably necessary to ensure that the calculation of Rate adjustments 3380 has been performed in strict conformance to the requirements of this Attachment E. 3381 The RA Members governing bodies shall make a good faith effort to approve Rates by June 1 of each 3382 year, and such Rates shall be effective on each subsequent July 1. If Rates are not effective by July 1 due 3383 to a delay caused solely by an RA Member, the RA Member shall allow Contractor to retroactively bill 3384 Customers for the amount of the Rate increase for any period of said delay that is solely caused by the 3385 RA Member. If Rates are not effective by July 1 as a result of Contractor’s delay in submitting the Rate 3386 application in a complete and accurate form, then prior Rates remain in effect until such adjustment is 3387 made. In the case of a delayed Rate adjustment, the Contractor may bill the Customer during the next 3388 billing cycle to recoup the deferred Rate increase. 3389 Notwithstanding any provision herein to the contrary, in no case shall the change in the Operating 3390 Component of the Rate (whether an increase or decrease) exceed 5% per year. In the event that any 3391 such increase or decrease would exceed 5% in any one year, the excess change above 5% shall be 3392 applied to the following year’s adjustment pursuant to this paragraph, provided that the increase or 3393 decrease in that following year shall not exceed 5%. In such event, all or a portion of the excess increase 3394 or decrease shall be applied to the adjustment each of the following years until fully satisfied. Percent 3395 adjustments carried over to a succeeding year shall be simply added to or subtracted from the current 3396 year’s adjustment in the Rates. It is understood that the 5% carryover mechanism does not apply to any 3397 other component of the Rates (i.e., Disposal, Processing, and Fee) or to any other type of adjustment 3398 (i.e., Change in Law, and RA Member‐directed change in scope). 3399 Applicable Law
3400 Contractor understands that RA Members may choose to undertake the proceedings provided under 3401 Article XIIID, Section 6, of the California Constitution for the initial Rates and increases in the Rates. 3402 Nothing herein is intended to imply that California Constitution, Articles XIIIC or XIIID, apply to the Rates 3403 established for services provided under this Agreement. If an RA Member is prevented from approving 3404 an adjustment in the Rates under the provisions of Article 13D, Section 6, of the California Constitution 3405 or other Applicable Law, then such adjustment in the Rates charged to Customers by Contractor shall 3406 not be allowed.
121
3407 Definitions
3408 Certain terms which are specific to this Attachment (including Attachments E1, and E2) are defined 3409 below:
3410 1. Regional Agency or RA Member Fees shall mean those fees described in Article 8 of this 3411 Agreement.
3412 2. Annual Percentage Change means the average value of an index for the 12‐month period ending 3413 December of the then‐current Rate Period minus the average index value for the 12‐month period 3414 ending December of the most‐recently completed Rate Period, divided by the average index value 3415 for the 12‐month period ending December of the most‐recently completed Rate Period. The 3416 Annual Percentage Change shall be rounded to the nearest thousandth (1,000th). 3417 For example, if the Contractor is preparing its Rate application for Rates to be effective for Rate Period 3418 2, the Annual Percentage Change in CPI shall be calculated as follows: [(Average CPI for January 2018 3419 through December 2018) – (Average CPI for January 2017 through December 2017)] / (Average CPI for 3420 January 2017 through December 2017)].
3421 3. Bureau of Labor Statistics (BLS) shall mean the U.S. Department of Labor, Bureau of Labor 3422 Statistics or its successor agency.
3423 4. Consumer Price Index (CPI) shall mean the All Urban Consumers Index (CPI‐U) compiled and 3424 published by the BLS, using the followingparameters:
3425  Area – San Francisco‐Oakland‐Hayward, CA
3426  Item – All Items
3427  Base Period – Current 1982‐84=100
3428  Not seasonally adjusted
3429  Periodicity – Bi‐Monthly
3430  Series Identification Number – CUUSS49BSA0
3431 5. Fuel Index shall mean the Producer Price Index‐Commodities for #2 Diesel Fuel compiled and 3432 published by the BLS, using the followingparameters:
3433  Not Seasonally Adjusted
3434  Group – Fuels and Related Products and Power
3435  Item – #2 Diesel Fuel
3436  Base Date – 198200
3437  Series Identification Number – WPU057303
3438 6. Governmental Fee shall mean any fee or surcharge imposed by a governmental entity, including 3439 without limitation, the Regional Agency or RA Member or the State, County, or Local Enforcement 3440 Agency. Governmental Fees may be a component of the Tipping Fee. 3441 7. Tipping Fee shall mean the Rate or tipping fee charged or paid for each ton or unit of material 3442 delivered to an Approved Facility. The Parties acknowledge that the timing of changes to the 3443 Tipping Fees at Approved Facilities that are not owned or operated by Contractor or their 3444 Subcontractor may not align with the review and adjustment of Rates under this Agreement. If the 3445 Contractor begins to pay a new Tipping Fee at an Approved Facility or is directed to an alternative 3446 Approved Facility, other than one owned and operated by Contractor or their Subcontractor, prior 3447 to the adjustment of Rates under this Agreement, the adjustment to the Rates shall consider that 3448 period. Alternatively, the Regional Agency reserves the right to adjust Rates at any time during the 3449 year to address changes in Tipping Fees alone without adjusting any other component of Rates. 3450 The “Current Approved” Tipping Fee for the Approved Disposal Facility shall be the In-County 3451 disposal rate approved by San Benito County at the John Smith Road Landfill. 122
3452 ATTACHMENT E1:
3453 RATE ADJUSTMENT METHODOLOGY
3454 MULTI-INDEX RATE ADJUSTMENT METHODOLOGY
3455 Overview
3456 The multi‐index Rate adjustment methodology involves inflating: (1) the operating component of Rates 3457 for the current Rate Period by the CPI, and Fuel Index; and, (2) the disposal, processing, and fee 3458 components of the Rates by the actual changes to those components, to determine the Rates for the 3459 coming Rate Period. The intent of performing the multi‐index‐based adjustment is to allow Contractor’s 3460 Compensation to be adjusted throughout the Term of this Agreement (giving consideration to those 3461 specific cost categories of “fuel” that may be more volatile than the CPI) using simple, readily available 3462 indicators of changes in Contractor’s costs for providing service. 3463 If the CPI, or Fuel Index is discontinued or revised during the Term by the BLS, such other government 3464 index or computation with which it is replaced shall be used in order to obtain substantially the same 3465 result as would be obtained if said index had not been discontinued orrevised. 3466 Calculation
3467 Contractor shall calculate the adjustmentto their Rates using the following methodology:
3468 Step 1: Calculate the annual index adjustment to the Operating Component of rates, which is comprised 3469 of the proposed operating costs by the Contractor in their final approved proposal. 3470 The annual index rate adjustment on the Operating Component portion of the rate shall be made with 3471 reference to the following terms:
3472 94.7% of the Operating Component will be adjusted by the Consumer Price Index for All Urban 3473 Consumers (CPI‐U) for San Francisco‐Oakland‐Hayward series CUUSS49BSA0. This percentage represents 3474 the portion of proposed total operational costs that are labor and all other non-fuel related cost. 3475 5.3% of the Operating Component will be adjusted by the Consumer Price Index for Producer Price 3476 Index‐Commodities for #2 Diesel Fuel series WPU057303. This percentage represents the portion of 3477 proposed total operational costs that are fuel related cost. 3478
3479 If for example the year over year changes in the CPI indices for non-fuel operating costs was 2.5% and 3480 the fuel index was 5% then the Operating Component rate adjustment would be as follows:
3481 Operating Component adjustment = (0.947 x 0.025) + (0.053 x 0.05) = 0.0237+ .00265 = 0.0264 = 3482 2.64%
3483
3484 Step 2: Calculate the adjusted Operating Component, rounded to the nearest cent, for each Rate as 3485 follows:
3486 Adjusted Operating Component = Then‐current Operating Component x (1 + rate adjustment %). For 3487 example, assuming:
3488 Then‐current Operating Component = $25.00
123
3489 Rate adjustment % = 2.64%
3490 Adjusted Operating Component = $25.00 x (1 + 0.064) = $25.66 3491 Step 3: Calculate the adjusted Disposal Component, rounded to the nearest cent, for each Rate to 3492 reflect any percentage change in the total cost of Disposal at the John Smith Road Landfill. This “step 3” 3493 shall only be applied to Solid Waste Rates. The adjustment shall be calculated asfollows:
3494 Beginning on April 1 in the second full calendar year of the Term and thereafter on each April 1, the 3495 Disposal Component will be adjusted for any change in Disposal tipping fees charged at the John Smith 3496 Road Landfill and any changes in forecasted disposed tons vs. actual disposed tons. Sample calculation 3497 for changes in the Disposal Component:
3498 Adjusted Disposal Component = Then‐current Disposal Component x [(Current Approved Disposal 3499 Facility Tipping Fee X Most Recent 12‐month Actual Tonnage) / (Prior Approved Disposal Facility Tipping 3500 Fee X Prior 12‐month Forecasted Tonnage)]
3501 Disposal tipping fee charges on Agreement $44.75
3502 Execution Date or last prior adjustment date
3503 Disposal tipping fee charges on adjustment date $46.00 3504 Forecasted solid waste tons over prior 12 months 25,000 3505 Actual solid waste tons over most recent 12 months 22,000 3506 Adjusted Disposal Component = Then‐current Disposal Component of $4.00 x [($46 x 22,000)/ 3507 ($44.75 x 25,000)]. = $4.00 x 0.9046 = $3.62
3508 Step 4: Calculate the adjusted Processing Component, rounded to the nearest cent, for each Rate to 3509 reflect any percentage change in the total cost of Processing, net of any rebates, at an Approved 3510 Processing Facility. This “step 4” shall not be applied to Solid Waste Rates unless the Solid Waste Rates 3511 includes the cost and/or revenue associated with processing Recyclable Materials. The Processing 3512 Component Rate Adjustment shall not exceed the Annual Percentage Change in CPI for any facility 3513 owned and operated by Contractor or their Subcontractor plus pass-through of any change in 3514 governmental or regulatory fees, if consistent with Applicable Law, payable by such facility. The 3515 adjustment shall be calculated as follows:
3516 Beginning on April 1 in the second full calendar year of the Term and thereafter on each April 1, the 3517 Processing Component will be adjusted for any change in Processing fees charged at the Approved 3518 Recyclable Materials Processing Facility and any changes in forecasted recyclable materials tons vs. 3519 actual recyclable materials tons. Sample calculation for changes in the Processing Component for 3520 Recyclable Materials:
3521 Adjusted Processing Component for Recyclable Materials = Then‐current Processing Component x 3522 [(Current Approved Processing Facility Tipping Fee X Most Recent 12‐month Actual Tonnage) / (Prior 3523 Approved Processing Facility Tipping Fee X Prior 12‐month Forecasted Tonnage)] 3524 Processing tipping fee charges on Agreement $15.00 3525 Execution Date or last prior adjustment date
124
3526 Processing tipping fee charges on adjustment date $15.25 3527 Forecasted recyclables tons over prior 12 months 10,000 3528 Actual recyclables tons over most recent 12 months 10,250 3529 Adjusted Processing Component = Then‐current Processing Component of $2.00 x [($15.25 x 3530 10,250)/ ($15.00 x 10,000)]. = $2.00 x1.04 = $2.08 3531 Step 5: Calculate the adjusted Processing Component, rounded to the nearest cent, for each Rate to 3532 reflect any percentage change in the total cost of Processing at an Approved Organic Materials 3533 Processing Facility. This “step 5” shall not be applied to Solid Waste Rates unless the Solid Waste Rates 3534 includes the cost and/or revenue associated with processing Organic Materials. The Processing 3535 Component Rate Adjustment shall not exceed the Annual Percentage Change in CPI for any facility 3536 owned and operated by Contractor or their Subcontractor plus pass-through of any change in 3537 governmental or regulatory fees, if consistent with Applicable Law, payable by such facility. The 3538 adjustment shall be calculated as follows:
3539 Beginning on April 1 in the second full calendar year of the Term and thereafter on each April 1, the 3540 Processing Component will be adjusted for any change in Processing fees charged at the Approved 3541 Organic Materials Processing Facility and any changes in forecasted organic materials tons vs. actual 3542 organic materials tons. Sample calculation for changes in the Processing Component for Organic 3543 Materials:
3544 Adjusted Processing Component for Organic Materials = Then‐current Processing Component x [(Current 3545 Approved Processing Facility Tipping Fee X Most Recent 12‐month Actual Tonnage) / (Prior Approved 3546 Processing Facility Tipping Fee X Prior 12‐month Forecasted Tonnage)] 3547 Processing tipping fee charges on Agreement $32.00 3548 Execution Date or last prior adjustment date
3549 Processing tipping fee charges on adjustment date $32.75 3550 Forecasted organics tons over prior 12 months 10,000 3551 Actual organics tons over most recent 12 months 10,250 3552 Adjusted Processing Component = Then‐current Processing Component of $2.75 x [($32.75 x 3553 10,250)/ ($32.00 x 10,000)]. = $3.00 x1.05 = $3.15 3554 Step 6: Calculate the adjusted Fee Component, rounded to the nearest cent, for each Rate. The Fee 3555 Component shall also be adjusted to pass through any change in governmental or regulatory fees 3556 payable by the Contractor (unless covered in Step 4 or 5). The adjusted Fee Component of each Rate 3557 shall be calculated asfollows:
3558 Adjusted Fee Component = Then‐current Fee Component x (1+rate adjustment %). For example, 3559 assuming:
3560 Then‐current Fee Component = $0.50
3561 Rate adjustment % = 2.5%
3562 Adjusted Fee Component = $0.50 x (1 + 0.025) = $0.51 125
3563 Step 7: Calculate the adjusted value for each Rate charged under this Agreement. Adjusted Rates shall 3564 be calculated asfollows:
3565 Adjusted Rate = Adjusted Operating Component + Adjusted Disposal Component + Adjusted Processing 3566 Component (for recyclables) + Adjusted Processing Component (for organics) + Adjusted Fee Component 3567 (will likely be multiple fee calculations)
3568 For example, assuming:
3569 1. The Rate being adjusted is a Solid Waste CollectionRate 3570 2. Adjusted Operating Component = $25.66 (as calculated in Step 2) 3571 3. Adjusted Disposal Component = $3.62 (as calculated in Step 3) 3572 4. Adjusted Processing Component = $2.08 (as calculated in Step 4) 3573 5. Adjusted Processing Component = $3.15 (as calculated in Step 5) 3574 6. Adjusted Fee Component = $0.51 (as calculated in Step 6) 3575
3576 Adjusted Rate = $25.66 + $3.62 + $2.08 + $3.15 + $0.51 = $35.02 3577
3578
3579
126
3580 ATTACHMENT F
3581 CONTRACTOR’S OPERATIONAL DETAILS
3582
3583 F1. Technical Proposal (Revised Sections 1-2 from Proposal Dated November 14, 2017) 3584 F2. Cost Basis for Proposal (Final Cost Forms 1.0 to 1.9) 3585 F3. Maximum Allowable Rates for Collection Services for Rate Year 1 (Modified Final Cost 3586 Forms 2.1, 2.2, 2.3, 2.4.A, 2.5.A, 2.6.A, 2.7, 2.8, and 2.9) 3587 F4. Implementation Plan and Schedule
3588 F5. Approved Subcontractors
3589 F6. Commercial Recycling and Organics Outreach Plan 3590
127
3591 F1. TECHNICAL PROPOSAL
3592 F1. A. Single-Family Services
3593
3594 Single-Family Base Services
3595
3596 All single-family customers will receive weekly solid waste, recycling, and organics collection, as well as 3597 two bulky item collections per year.
3598
3599 The following services are also available to single-family residential customers, as described below. 3600
3601 Bulky Item Collection
3602
3603 To schedule a bulky item collection, customers must contact Recology’s Customer Service Specialists 3604 (CSSs), who will schedule the pickup for their next collection day. If the customer has exceeded their 3605 two bulky item collections per year, the CSS will inform them of any service charges. The CSS will ask 3606 the customer to describe the items to be collected and ask them to place their bulky items next to their 3607 containers on collection day.
3608
3609 Recology will work with Pat’s Place to facilitate reuse of the bulky items collected. For more 3610 information, please see Section F1. I: Other Environmental Enhancements. 3611
3612 Additional Recycling Carts
3613
3614 SFD customers may request additional recycling carts for a monthly rental fee agreed upon with the RA 3615 Members. To request the cart, customers would simply contact Recology’s Customer Service. 3616
3617 Overage Service
3618
3619 SFD customers may place additional recyclables that do not fit in their cart in customer-provided clear 3620 plastic bags next to their collection cart. Cardboard may also be placed adjacent to the cart, bundled no 3621 larger than 3’ by 3’. Recology will collect the material on customers’ regular collection days at no 3622 additional charge.
3623
3624 Household Battery Collection
3625
3626 Recology will collect household batteries from SFD customers during their regularly scheduled collection 3627 day. Single-family customers would place household batteries in a clear, sealed plastic bag on top of the 3628 weekly-serviced single-stream recycling cart. Drivers collect the bags, store them in a dedicated 3629 container that is secured to the recycling collection vehicle, and transport them for processing. 3630
3631
3632
3633
128
3634 Textile Collection
3635
3636 Recology will collect textiles (such as clothing, towels, and blankets), that are placed next to their 3637 recycling container, sealed in a clear plastic bag. Textiles must be clean and dry. 3638
3639 Recology drivers will then collect the textiles and place them in a separate compartment inside the 3640 collection vehicle. The textiles will be provided to Pat’s Place for sorting and reuse. 3641
3642 Used Motor Oil and Filter Collection
3643
3644 Recology will collect used motor oil and oil filters from SFD customers at the curbside. Customers can 3645 contact Customer Service to request 1-gallon sealable plastic jugs and sealable plastic bags to collect 3646 used oil filters.
3647
3648 The jugs and bags will be delivered on the next regular collection day, following the customer’s request. 3649 The collection kit will be accompanied by a “how to” brochure with instructions on preparing the motor 3650 oil and oil filters for collection.
3651
3652 Customers would place the used motor oil in a sealed container and the oil filters in sealed plastic bags, 3653 setting them on top of their cart during their usual collection day. All collection trucks will contain spill 3654 kits, and drivers will be trained on containment procedures in case of an accidental spill. 3655
3656 The collection vehicles will be equipped with storage racks designed to hold 1-gallon used oil jugs and 3657 filter bags. These storage racks have a secondary containment feature that will help mitigate any 3658 potential spillage. When the oil and filters are collected, a new collection kit will be provided by the 3659 driver, if requested.
3660
3661 Holiday Tree Collection
3662
3663 Recology will collect trees will be collected at curbside from single-family customers for a three-week 3664 period following January 1 for no additional fee. Customers must:
3665 o Remove all decorations, including tinsel, lights, ornaments, or hooks. 3666 o Set out unflocked trees only.
3667 o Place the trees next to their organics collection cart. 3668 o Ensure the tree is cut into lengths six feet or less, if applicable. 3669
3670 Trees will be processed at Recology’s South Valley Organics composting facility. 3671
3672 Contamination Fees
3673
3674 Recology will issue Courtesy Non-Collection Notices to any single-family customer with a contaminated 3675 garbage, recycling, or organics container. “Contamination” is defined as greater than 10% by volume of 3676 prohibited material in the container.
3677
3678 After three Courtesy Non-Collection Notices, any customer that continues to have contamination levels 3679 greater than 10% by volume in their container will be issued a contamination fee per incident. 3680
3681
3682
129
3683 RouteSmart Routing Software
3684
3685 All routes – whether single-family, multi-family, or commercial – will be designed using RouteSmart 3686 software or software with similar functionality. RouteSmart is fully-integrated with Recology’s Customer 3687 Relationship Management System (RCRM), and therefore uses the most up-to-date data to design 3688 routes.
3689
3690 Using RouteSmart software, Recology operating companies experience a measurable reduction in 3691 vehicle miles traveled, fuel use, tire wear, greenhouse gas emissions, and street wear-and-tear. 3692
3693 RouteSmart integrates seamlessly with ESRI’s ArcGis family of mapping products and provides the ability 3694 to balance routes based on time, number of lifts, or potential volumes and densities to be collected. 3695 The system considers vehicle type, address restrictions, and service time-of-day constraints, among 3696 other parameters.
3697
3698 For regularly scheduled collection, customer information is downloaded from the RCRM database into 3699 RouteSmart for routing. The routed data is interfaced back to the RCRM database, providing accurate 3700 customer information to anyone with access to either online inquiry or reports from the RCRM system. 3701
3702 After initial routing in RouteSmart, Recology supervisors drive each route prior to the commencement of 3703 services to verify efficiency and safety issues. Ultimately, the final routing adjustments will be made by 3704 the driver.
3705
3706 As new customers start and stop service, change service levels, and route conditions change, routes will 3707 be adjusted as necessary.
3708
3709 Single-Family Route Productivity
3710
3711 The following table provides Recology’s productivity assumptions for single-family customers, based on 3712 average number of accounts per route per day. These are assumptions based on Recology’s current 3713 services in San Benito County, Hollister, San Juan Bautista, Gilroy, and Morgan Hill. 3714
Single-Family Productivity Assumptions
By Average Number of Accounts Per
Route Per Day
Monday 700
Tuesday 500
Wednesday 600
Thursday 650
Friday 575
Saturday None
Sunday None
3715
3716
3717
3718
3719
3720
130
3721 Single-Family Collection Methodology
3722
3723 Recology proposes to use fully-automated side-loading vehicles to service single-family customers. 3724 More information on the specifications of these vehicles is available in Section F1. G: Requirements for 3725 Operations, Equipment and Personnel of this Section. 3726
3727 Each vehicle will have a one-person crew and will be capable of collecting approximately 75 accounts 3728 per hour.
3729
3730 Single-family collection routes assume a nine-hour total workday, with approximately six to seven hours 3731 of active on-route time per driver per day. In addition, drivers are well-trained on the obstacles they 3732 encounter in alleys, such as low-hanging wires, sharp corners, and narrow spaces. 3733
3734 Recology vehicles will all have GPS tracking capabilities, enabling Recology to monitor progress on each 3735 collection route.
3736
3737 In addition, each collection vehicles will be equipped with an on-board video safety system, such as 3738 DriveCam or similar functionality. The on-board video safety system is an event recorder that is 3739 activated by hard stops, collisions, and similar unexpected driving events. A forward-facing camera 3740 records video ahead of the vehicle and an interior camera records the view of the driver. Images of 3741 recordable events are reviewed, stored, incorporated into incident reports, and used to help coach 3742 drivers. This state-of-the-art feature helps improve driver behavior. 3743
3744 Additional Single-Family Collection Assumptions
3745
3746 Recology used the following assumptions when designing its single-family collection routes for this 3747 Proposal. Recology based these assumptions on the current service level subscriptions among single3748 family customers in the area. 3749
Single-Family Collection Assumptions
RA Member % SFD with curbside
material
% SFD eligible for
Special Handling
% SFD with backyard
service
County of San Benito 95% <3% <2%
City of Hollister 95% <3% <2%
City of San Juan Bautista 95% <3% <2%
3750
3751 F1. B. Multi-Family Services
3752
3753 Multi-Family Base Services
3754
3755 Multi-family customers will receive weekly solid waste and recycling collection from one to six times per 3756 week, depending on the level of service necessary. 3757
3758 Multi-family customers will also be able to subscribe to optional organics collection service, which would 3759 include food scraps comingled with yard trimmings. 3760
131
3761 Customers will also receive two bulky items collections per complex each year. To schedule a bulky item 3762 collection, the customer would contact Recology’s Customer Service. Multi-family customers will be 3763 asked to place their items next to the complex collection container, or at another mutually agreed upon 3764 spot at the complex, such as the resident’s parking spot, to ensure street corners or sidewalks are not 3765 obstructed.
3766
3767 Recology will work with Pat’s Place to facilitate reuse of the bulky items collected. For more 3768 information, please see Section F1. I: Other Environmental Enhancements of this Section. 3769
3770 RouteSmart Routing Software
3771
3772 All multi-family customers will be routed using RouteSmart software, as described in Section F1. A:
3773 Single-Family Services.
3774
3775 Multi-Family Route Productivity
3776
3777 Multi-family customers will be routed with commercial customers to maximize efficiency and minimize 3778 the number of collection vehicles on the street. For productivity assumptions (in terms of lifts per route 3779 per day) for both multi-family and commercial, please see Section F1.C: Commercial Services. 3780
3781 Multi-Family Collection Methodology
3782
3783 For details on collection methodology for both multi-family and commercial accounts, please see 3784 Section F1.C: Commercial Services.
3785
3786 Contamination Fees
3787
3788 Recology will issue Courtesy Non-Collection Notices to any single-family customer with a contaminated 3789 garbage, recycling, or organics container. “Contamination” is defined as greater than 10% by volume of 3790 prohibited material in the container.
3791 After three Courtesy Non-Collection Notices, any customer that continues to have contamination levels 3792 greater than 10% by volume in their container will be issued a contamination fee per incident. 3793 F1. C. Commercial Services
3794
3795 Commercial Base Services
3796
3797 Commercial customers will receive weekly solid waste and recycling collection from one to six times per 3798 week, depending on the level of service necessary. Commercial customers will also be able to subscribe 3799 to optional organics collection service, which would include food scraps comingled with yard trimmings. 3800
3801 Recology is also offering universal organics collection to help customers maintain compliance with 3802 Assembly Bill (AB) 1846. Recology will implement the program at the start of the new Agreement term 3803 (November 1, 2018) to help ensure the Regional Agencies’ compliance with AB 1826. 3804
132
3805 Recology’s universal organics collection program for commercial customers would collect both pre3806 consumer (back of house/kitchen) and post-consumer (front of house) material. Signage, such as 3807 posters and placards, would illustrate acceptable materials for staff and customer, helping to minimize 3808 contamination.
3809
3810 The following materials would be accepted under Recology’s universal commercial food scrap collection 3811 program.
3812
Food Scraps
o Bread, grains and pasta
o Coffee grounds
o Dairy
o Eggshells
o Fish and shellfish
o Fruit, including pits
o Meat, including bones
o Vegetables
Soiled Paper Products
o Coffee filters
o Greasy pizza boxes
o Paper cups and plates
o Paper bags, napkins, towels
o Paper take-out boxes and
containers
o Paper tea bags
Yard Trimmings
o Branches and brush
o Flowers and floral
trimmings
o Grasses and weeds
o Leaves
o Tree trimmings
3813
3814 RouteSmart Routing Software
3815
3816 All commercial customers will be routed using RouteSmart software, as described in Section F1. A:
3817 Single-Family Services.
3818
3819 Commercial Route Productivity
3820
3821 The following table provides Recology’s multi-family and commercial productivity assumptions, based 3822 on the average number of lifts per route per day. These are assumptions based on Recology’s current 3823 services in San Benito County, Hollister, San Juan Bautista, Gilroy, and Morgan Hill. 3824
3825 The average number of lifts per day is lower than in a more urban area, due to the rural nature of the 3826 County. Many of the commercial accounts in the service area are on ranches and farmland, resulting in 3827 a longer drive time and reduced number of lifts per hour. 3828
Multi-Family and Commercial
Productivity Assumptions
By Average Number of Lifts Per Route Per Day
Monday 54
Tuesday 80
Wednesday 65
Thursday 80
Friday 55
Saturday 50
Sunday None
3829
3830
3831
3832
3833
133
3834 Commercial Collection Methodology
3835
3836 Recology proposes to use front end loading vehicles to service multi-family and commercial customers. 3837 More information on the specifications of these vehicles is available in Section F1. G: Requirements for 3838 Operations, Equipment and Personnel. Each vehicle will have a one-person crew. The routes assume a 3839 nine-hour total workday, with approximately six to seven hours of active on-route time per driver per 3840 day.
3841
3842 Recology vehicles will all have GPS tracking capabilities, enabling Recology to monitor progress on each 3843 collection route
3844
3845 Front end loading routes will be capable of collecting about 10 accounts per hour if collecting 3846 commercial metal containers. Due to the rural nature of the service area, the average number of lifts 3847 per hour for commercial customers is lower than what might be possible in a more densely-populated 3848 area.
3849
3850 For commercial customers utilizing carts (as opposed to metal containers), Recology will incorporate the 3851 carts into the single-family collection routes, utilizing fully-automated side-loading vehicles. 3852
3853 Contamination Fees
3854
3855 Recology will issue Courtesy Non-Collection Notices to any single-family customer with a contaminated 3856 garbage, recycling, or organics container. “Contamination” is defined as greater than 10% by volume of 3857 prohibited material in the container.
3858
3859 After three Courtesy Non-Collection Notices, any customer that continues to have contamination levels 3860 greater than 10% by volume in their container will be issued a contamination fee per incident. 3861
3862 F1. D. RA Member Services
3863
3864 RA Member Services
3865
3866 Recology will provide a minimum of weekly solid waste, recycling, and organics collection at RA Member 3867 facilities, including municipal offices, parks, parking lots, fire stations, and other locations, at no direct 3868 cost to the RA Member. RA Member facilities can request more frequent service as needed. 3869
3870 To schedule a bulky item collection, RA Members would contact Recology’s Customer Service 3871 Department. Similar to multi-family customers, Recology will work with the RA Member to identify a 3872 location to set out the item for collection to ensure sidewalks and public walkways are not obstructed. 3873
3874 RA Member locations will receive appropriate container sizes in all three material streams as part of 3875 their service. Recology’s Waste Zero Specialists (described in Section F1. E: Public Outreach and 3876 Education) will be available to provide site assessments for RA Member locations to help determine 3877 adequate service needs, if necessary.
3878
3879
3880
134
3881 Containers at Public Locations
3882
3883 Recology will collect solid waste, recycling, and organic materials from public containers within the RA 3884 Member service areas, as scheduled by the RA Member. This includes cleaning scattered litter within 15 3885 feet of the public container.
3886
3887 Community Event Services
3888
3889 Recology will provide solid waste, recycling, and organic material collection services at Regional Agency 3890 community events, as listed in Attachment B7 of the Franchise Agreement. 3891
3892 Recology’s community event services will include:
3893 o Event collection stations, featuring color-coded receptacles for each material stream (pictured). 3894 o Collection station monitors, to help educate event participants on proper material sorting. 3895 o Containers for each material stream (solid waste, recycling, and organics) that are clearly 3896 marked.
3897 o Public education booths, featuring educational material (such as brochures and flyers), as well 3898 as giveaways and games (pictured) designed to educate customers on source separation. 3899 o Reports on the outcome of the event services, including the number of collection stations at the 3900 event, the number of collection monitors, the tonnage of the material collected (by stream), and 3901 a description of the educational material distributed. 3902
3903 For events that are not hosted or primarily funded by an RA member, Recology will offer these services 3904 to the event organizer for a negotiated rate.
3905
3906 Compost Giveaway
3907
3908 Recology will host compost giveaways in the RA service area, offering nutrient-rich compost. Each RA 3909 may request up to 20 cubic yards of compost up to three times per year. Recology will provide the 3910 compost for RA Members or residents in a drop box or similar container. 3911
3912 The Giveaway provides residents free compost to enrich their gardens and demonstrate the end result 3913 of their efforts to recycling yard waste and food scraps. At these events, Recology also provides 3914 education on the benefits of home composting.
3915
3916 E-Waste and Shred Event
3917
3918 Recology will host a total of three E-Waste and Shredding Events each year. During the events, 3919 residents can drop off e-waste, u-waste, batteries, cell phones, compact fluorescent lamps (CFL), and 3920 fluorescent tubes. In addition, Recology will offer paper shredding services, helping residents properly 3921 destroy documents and recycle the paper.
3922
3923 The dates for these events would be mutually agreed upon by Recology and the RA Member. Based on 3924 past experience, Recology recommends conducting the events in the following months:
3925 o January, to capture holiday e-waste and u-waste material. 135
3926 o April, to coincide with “Earth Day,” spring cleaning efforts, and document destruction after tax 3927 season.
3928 o September, after school is back in session.
3929
3930 Material collected at these events will be properly diverted as applicable. 3931
3932 Quarterly Recycle Days at John Smith Road Landfill 3933
3934 Recology will support the RA’s quarterly Recycle Days at John Smith Road Landfill through an annual 3935 $25,000 contribution to the event.
3936
3937 Public Drop Box Service
3938
3939 Recology will support the RA’s annual neighborhood cleanup events through a special drop box service, 3940 available for no additional charge.
3941
3942 Recology has previous experience conducting successful public drop box services for the City of Gilroy 3943 and looks forward to offering this feature to the RA Members. 3944
3945 Recology will deliver 40 cubic yard drop boxes (or other available size requested) to sites designated by 3946 the RA Members. Recology will work with the RA Members to strategize the specific geographical 3947 placement of the drop boxes, identifying safe and convenient areas for customers. 3948
3949 RA Members must give two weeks of advanced notice for the service, which will entail:
3950 o Up to 10 solid waste drop boxes for the County and City of Hollister 3951 o Up to five solid waste drop boxes for San Juan Bautista 3952 o Up to 10 recycling drop boxes for the County and City of Hollister 3953 o Up to five recycling drop boxes for San Juan Bautista 3954
3955 Material will be disposed or diverted as appropriate. 3956
3957 Abandoned Waste Service
3958
3959 Recology will offer abandoned waste collection services to RA Members to help each community remain 3960 a clean and vibrant place.
3961
3962 Recology will collect up to five tons of abandoned material identified by an RA Member and 3963 communicated to Recology though verbal, electronic (such as e-mail), or written direction at no 3964 additional cost.
3965
3966 Recology is able to collect abandoned waste the same weekday if notified before noon; if notified after 3967 noon, Recology will collect the waste the next business day. This includes litter clean up within a 10-foot 3968 radius of the abandoned waste site.
3969
3970 Recology’s drivers are the eyes and ears of the community and are specifically trained to identify 3971 abandoned waste while on route. In the event that abandoned waste is spotted, Recology will contact 3972 the RA Contract Manager.
3973
136
3974 In addition, Recology drivers and supervisors will work collaboratively to document trouble spots of 3975 abandoned material. If a driver notices an area with frequent abandoned material, he or she will notify 3976 Recology supervisors, who will take photographic documentation of the site to share with the RA 3977 Members.
3978
3979 Recology will work to divert collected abandoned waste whenever possible. 3980
3981 F1. E. Public Education and Outreach
3982
3983 A well-defined public outreach and education program – with consistent messaging and easy-to3984 understand tools – is one of the best management practices to help increase participation in diversion 3985 programs while reducing contamination.
3986
3987 Recology currently employs one full-time Public Education and Outreach Specialist (known as a Waste 3988 Zero Specialist) and will hire one full-time Recycling Outreach Manager (known as a Waste Zero 3989 Manager) prior to the start of the new Agreement.
3990
3991 In addition, Recology will maintain two additional FTE Waste Zero Specialists during the first year of the 3992 Agreement, to assist with outreach, education, waste assessments, and the transition into the new 3993 services. These positions will be temporary and will terminate after the first year of the Agreement. 3994
3995 The Waste Zero Manager (Manager) and Waste Zero Specialist (Specialist) serve as Recology’s public 3996 education and diversion liaisons in the community, promoting recycling, composting, and reduced 3997 disposal in the RA service area.
3998
3999 The Manager and Specialist will help champion the new services outlined in the Agreement Attachment 4000 B8, helping customer utilize these new programs to achieve the diversion goals set by the RA members. 4001
4002 The Manager and Specialist will be responsible for such tasks as:
4003 o Offering comprehensive, multi-faceted outreach to all customers, tailored to resident and 4004 business type
4005 o Coordinating and producing education events, including educational efforts in local schools 4006 o Supporting local community service organizations 4007 o Offering technical assistance to help all customers implement services and optimize diversion, 4008 including on-site training for employees
4009 o Presenting to homeowners’ associations, business groups, multi-family residents, and 4010 environmental organizations
4011 o Conducting site visits to educate customers on diversion goals, contamination concerns, and 4012 new programs
4013 o Conducting on-site waste assessments to help customers divert more material from the MSW 4014 stream and minimize contamination in the recycling and organics stream 4015
4016
4017
137
4018 Public Education Plan
4019
4020 Recology’s Recycling Outreach Manager (known as a Waste Zero Manager) would be responsible for 4021 creating and submitting the annual Public Education Plan to the RA Members per Attachment B8 of the 4022 Franchise Agreement.
4023
4024 The Plan would serve as a roadmap for the upcoming year’s educational efforts for each customer 4025 segment. It will include services provided, community events, specific educational campaigns, public 4026 education material to be developed and revised, community partnership opportunities, and an 4027 implementation schedule.
4028
4029 The Waste Zero Manager will work closely with the Regional Agency Contract Manager to develop the 4030 Plan. This will include reviewing annual progress since the last Plan submission. 4031
4032 Public Education Material
4033
4034 Below is an overview of the types of materials Recology will offer. Exact content will be mutually agreed 4035 upon between Recology and the RA members, but at a minimum will include all items specified in 4036 Attachment B8 to the Franchise Agreement and included in the annual Public Education Plan. All 4037 printed materials will also be accessible on Recology’s website. 4038
4039 New Programs Mailing and Recycling Guide
4040 Prior to the start of service, each customer will receive a New Programs Mailing and Recycling Guide 4041 describing and illustrating methods to prepare recyclable, organic, and solid waste materials for 4042 collection. The brochure will illustrate the acceptable materials for each container and will also detail 4043 the proper set out procedures for the collection containers. 4044
4045 Recology recommends combining the New Program Mailing and Recycling Guide into one mailing that 4046 serves as a comprehensive guide for customers.
4047
4048 Recology will prepare tailored content for single-family, multi-family, and commercial subscribers. For 4049 multi-family and commercial subscribers, the mailing will emphasize compliance with State-mandated 4050 recycling and composting requirements.
4051
4052 Content of the Mailing and Recycling Guide can include:
4053 o A complete list of programs and services provided to customers, including effective dates 4054 o A list of recyclable materials that are accepted in the single-stream recycling program 4055 o A list of organic materials that are accepted in the organics program 4056 o A list of items that need to be landfilled at this time 4057 o Graphics and an explanation of proper set-out procedures 4058 o Recycling and/or disposal options for Household Hazardous Waste (HHW) 4059 o Used motor oil and oil filter collection program (single-family customers only) 4060 o Telephone numbers and website information for Recology 4061 o Other relevant resources
138
4062
4063 Advertisements, Press Releases, and Public Service Announcements 4064 Recology will prepare and distribute the following announcements approximately one month prior to 4065 the start of the new Agreement:
4066 o A public service announcement (PSA) for local radio and cable television broadcasts 4067 o Newspaper and online advertisements highlighting upcoming programs and services 4068 o A press release describing the programs offered by customer sector (single-family, multi-family, 4069 and commercial)
4070
4071 Bill Inserts
4072 Throughout the Agreement term, Recology can provide various bill inserts tailored to each customer 4073 sector on an array of topics, such as rate changes; tips on how to Reduce, Reuse, Recycle, Rot, and 4074 Recover; and how to properly dispose of Hazardous Waste. 4075
4076 Each Regional Agency may request Recology to distribute the inserts bi-monthly in each customer bill. 4077
4078 Biennial Newsletter
4079 Recology will create, design, and distribute bi-annual newsletters to educate customers on vital 4080 information in the waste and recycling industry. The newsletters will be mailed with customer bills or 4081 downloaded electronically.
4082
4083 Newsletters serve as an important tool to remind residents about the available services and programs; 4084 in addition, newsletters are an opportunity to promote recycling events and educate customers on 4085 additional resources for recycling and waste reduction. 4086
4087 Multi-Family and Commercial Sorting Posters
4088 Throughout the Agreement term, Recology will design and distribute posters to multi-family and 4089 commercial property managers for on-site use, illustrating the recyclable materials collection program 4090 and the commercial food scrap collection program. These posters are designed to educate program 4091 participants on proper sorting. The commercial posters will offer information in English and Spanish. 4092
4093 Commercial “How To” Flyers for Recycling and Composting 4094 Recology will prepare and distribute “How To” Guides on recycling and composting for commercial 4095 customers.
4096
4097 The Recycling “How To” Guide will be mailed directly to commercial customers prior to the start of 4098 services; both the Recycling and Composting “How To” Guides will be posted on the website and will be 4099 provided during Recycling Assessments.
4100
4101 The flyers will be graphics-based and will focus on compliance with the diversion requirements of AB 4102 341 and AB 1826. Content will include:
4103 o List of recyclables or organics (as applicable) accepted in the collection programs 4104 o List of materials that are not accepted in the collection programs 4105 o Illustrations and an explanation of proper set-out procedures 4106 o Tips on how to mitigate odors and vectors (composting guide only) 139
4107 Commercial and Multi-Family Mandatory Recycling and Composting Notices 4108 Recology can prepare and distribute notices to multi-family complexes and commercial businesses that 4109 are not compliant with mandatory diversion requirements of AB 341 and AB 1826. Using service 4110 subscription level information, driver compliance notes, and waste audit information, Recology can 4111 identify non-compliant customers and provide outreach. 4112
4113 The notices explain why the customer is not compliant, outline the potential consequences for 4114 non‐compliance, and outline the steps customers can take to become compliant. Recology can track 4115 customers that have received these notices in the RCRM system, and Specialists can follow-up with 4116 customers to help them take proper action.
4117
4118 Multi-Family Move-in Kits
4119 Recology can work with the property manager to provide the guides to inform new residents of services, 4120 program options, and acceptable and unacceptable materials in each stream. The guide can also be 4121 available for download on Recology’s website, and includes:
4122 o List of acceptable and unacceptable materials in the recycling and organics programs 4123 o Options for hard-to-recycle items
4124 o Household Hazardous Waste recycling and/or disposal options 4125 o Contact Information
4126
4127 Social Media
4128 In conjunction with the website (described in further detail on Page 32), Recology will use social media 4129 outlets such as Facebook and Twitter to help educate customers on diversion, new programs, and 4130 service announcements. In addition, Recology will use its social media presence to connect directly with 4131 customers and community organizations.
4132
4133 Commercial and Multi-Family Recycling Assessments & Technical Assistance 4134
4135 The Recology Waste Zero Specialist conducts in-field assessments of all three material streams to help 4136 identify and maximize diversion opportunities. Once on site, the Specialist analyzes each of the 4137 customer’s material streams, with a focus on the diversion options available to customers by business 4138 type. The Assessments will be documented using Attachment B8-A and the overall approach to 4139 commercial technical assistance detailed in the approved Commercial Recycling and Organics Outreach 4140 Plan.
4141
4142 The Specialist may then suggest methods to help capture more divertible material and reduce 4143 contamination. This could include right-sizing service levels to capture more recycling or organics, 4144 evaluating equipment needs, suggesting alternative container placements, or helping with employee 4145 engagement and trainings.
4146
4147 Educational material such as posters, “How To” guides on recycling and composting, and internal 4148 containers will also be provided as needed.
4149
4150 For more detail on this aspect of Recology’s public education program, please see Section F6:
4151 Commercial Recycling and Organics Outreach Plan.
4152
4153
140
4154 Reducing Contamination
4155
4156 Contamination control is an essential component of Recology’s diversion program. If the driver sees 4157 contamination, the driver will record the observation on the route sheet and will leave a Courtesy Non4158 Collection Notice with the cart or container. The notice features the time, date, and reason for issue 4159 (i.e., contamination), and can be provided in English and Spanish. 4160
4161 The driver will then coordinate with dispatch to ensure the contaminated container is collected as 4162 municipal solid waste. “Contamination” is defined as greater than 10% by volume of prohibited material 4163 in the container.
4164
4165 Recology will monitor locations with excessive contamination to determine if a higher level of service, 4166 container size, or outreach is warranted.
4167
4168 After three Courtesy Non-Collection Notices, any customer that continues to have contamination levels 4169 greater than 10% by volume in their container, Recology will issue a contamination fee, as described in 4170 Sections F1. A. Single-Family Services, F1. B. Multi-Family Services, and F1. C. Commercial Services. 4171
4172 Engaging Residents and Businesses
4173
4174 Recology partners closely with business groups in the communities it serves to help further the Waste 4175 Zero message. This will include the San Benito County Chamber of Commerce, property managers, 4176 Hollister Rotary Club, San Juan Bautista Strategic Planning Committee, CHISPA Housing Management, 4177 local homeowner’s associations, and environmental groups. 4178
4179 Recology will provide outreach and educational information, participate in networking events, and host 4180 meetings to inform local businesses and property managers on the diversion tools available. 4181 F1. F. Diversion Requirements
4182
4183 Recology is committed to assisting RA Members reach their diversion goals and will work with the 4184 Regional Agencies and community members to achieve an overall measured diversion rate of 45% in a 4185 calendar year.
4186
4187 Organic material will be processed into nutrient-rich compost at the Recology South Valley Organics 4188 composting facility in Gilroy, CA.
4189
Recology San Benito County
Total Forecasted Diversion
Years 1 through 4 of Agreement
Year 1 Year 2 Year 3 Year 4
MSW 18,782 18,252 17,722 17,190
Recycle 6,683 6,683 6,683 6,683
Organics 9,659 10,189 10,719 11,250
Total Collection 35,123 35,123 35,123 35,123
Diversion % 46.5% 48.0% 49.5% 51.1%
4190
141
4191 For recyclables, Recology has established relationships with two Material Recovery Facilities (MRFs) with 4192 capacity to process RA Member recyclables, Recology has designated Monterey Regional Waste 4193 Management District as its selected processor with Green Waste Recovery as the back-up or alternate 4194 processor.
4195 o Monterey Regional Waste Management District (MRWMD), located in Marina, CA 4196 o Green Waste Recovery, located in San Jose, CA
4197
4198 The MRWMD MRF, scheduled to be operational by January 2018, is a new, state-of-the-art facility. 4199 Recology has acquired a letter of interest from the MRWMD to receive RA Member material collected 4200 by Recology.
4201
4202 In addition, Recology currently has a contract with Green Waste Recovery to process RA Member 4203 material that is effective until September 2018.
4204
4205 Recology designates Monterey Regional Waste Management District as its processing facility, however 4206 Recology may use both or one of these facilities to process recyclables during the new Agreement; 4207 processing costs for single-stream recyclables quoted in this Proposal will remain as quoted regardless 4208 of the facility used.
4209
4210 Green Waste Recovery MRF
4211
4212 The Green Waste Recovery MRF accepts residential and commercial mixed recyclables and separates 4213 them into individual commodities, including cardboard, glass, aluminum and different plastics. These 4214 materials are baled and sent to processors.
4215
4216 Located at 625 Charles Street in San Jose, CA, it is approximately 47.6 road miles from the San Benito County administration building at 481 4th 4217 Street in Hollister, CA. 4218
4219 Recyclables will be transferred from Recology South Valley’s San Martin Transfer Station, located at 4220 14070 Llagas Ave. in San Martin, CA.
4221
4222 Green Waste MRF Capacity
4223 With a permitted capacity of 3,500 tons per day, Green Waste is capable of accepting the San Benito 4224 County IWM recyclable material.
4225
4226 The facility can process over 45 tons per hour, recovering over 95% of the material it processes. 4227
4228 Green Waste MRF Permits and Approvals
4229 The Green Waste Recovery MRF is fully-permitted by the California Department of Resources Recycling 4230 and Recovery (CalRecycle) as a large volume transfer and processing facility. Its Solid Waste Information 4231 System (SWIS) number is 43-AN-0019.
4232
4233 Monterey Regional Waste Management District (MRWMD) MRF 4234
4235 The MRWMD is a new, state-of-the-art facility capable of processing several streams of recyclable 4236 material, including single-stream recyclables, commercial MSW, and construction & demolition debris. 4237 It is scheduled to be operational by January 2018. 4238
142
4239 Recology has secured a letter of interest from the MRWMD to accept approximately 17,000 tons per 4240 year of single-stream recyclables collected by Recology in the RA Member service areas. 4241
4242 Located at 14201 Del Monte Blvd. in Marina, CA, it is approximately 29.4 road miles from the San Benito County administration building at 481 4th 4243 Street in Hollister, CA. Recyclables collected by Recology in the 4244 RA service areas would be direct hauled to the facility. 4245
4246 The MRF features two separate processing lines: one for construction and demolition (C&D) debris, and 4247 one for single-stream recyclables and MSW.
4248
4249 C&D Processing Line
4250 The C&D processing line is designed to process and separate mixed recyclables (which will be 4251 recirculated back to the single-stream/MSW line for recovery, as well as the recovery of aggregate 4252 materials, wood/lumber, metals, old corrugated cardboard, rigid plastics, carpeting, and mattresses. 4253
4254 The line is designed to operate at 40 tons/hour, with a recovery rate of 74%. Using sizing screens (debris 4255 roll screens), the line directs material that is larger than eight inches to a staffed sort line. Material 4256 between 2.5 inches and 8 inches in size is run through a series of magnets to capture metals, and then 4257 directed to the single-stream/MSW line to capture mixed containers and fiber. 4258
4259 Single-Stream/MSW Processing Line
4260 The MRF’s single-stream/MSW line will process either single-stream materials or MSW materials 4261 separately in dedicated material runs. This line can also direct C&D materials (such as wood wastes and 4262 large rigid plastics) to the C&D system for recovery. 4263
4264 The single-stream/MSW system has both mechanical and human sorting systems for the state-of-the-art 4265 processing, recovery, and quality control activities occurring through the system. 4266 o The MSW stream will be processed at approximately a 40 tons/hour rated capacity with an 4267 anticipated diversion rate of 65%
4268 o The single-stream materials will be running at a 35 tons/hour rated capacity with an estimated 4269 diversion rate of over 90%.
4270
4271 The line includes eight sizing screens (debris roll screens) varying from one inch to 12 inches, which 4272 separate the various streams. Material then proceeds through a variety of density drum separations 4273 equipment (Nyhot), magnets for ferrous materials (steel cans and scrap metals), eddy current 4274 separation for Aluminum, and four NRT Optical Sorters for the separation of plastics by resin types, as 4275 well as to remove film plastics from fibers.
4276
4277 MRWMD MRF Capacity
4278 Once operational, the MRF will have the capacity to process 140,000 tons per year of single-stream 4279 recycling and MSW over an 80 hour per week operations schedule. In addition, the facility will be 4280 capable of processing 100,000 to 120,000 tons per year of C&D. 4281
4282 MRWMD MRF Permits and Approvals
4283 The facility is currently operating under SWIS number 27-AA-0010 for the MRF and landfill. 4284
4285
4286
4287
143
4288 Marketing Recyclables
4289 Green Waste Recovery has an established network of domestic and foreign customers for the materials 4290 recovered at its MRF. The MRWMD is currently preparing a Request for Qualifications (RFQ) for a 4291 recyclables marketing subcontractor.
4292
4293 Furthermore, the Recology Products sales team is experienced in marketing recyclable commodities for 4294 the company’s network of MRFs. The team has longstanding relationships with end users, which 4295 minimizes the reliance on brokers and ensures materials are sold for the best value possible. Each year, 4296 Recology markets approximately 450,000 tons of recyclables. 4297 Recology has a great reputation industrywide for the quality of materials it markets. Great measures are 4298 taken to ensure that only the highest quality materials are sold. By focusing on quality, Recology not 4299 only sells its products for the highest values possible, but also rarely has a product rejected due to 4300 quality issues.
4301
4302 Several years ago, Recology developed a Standard Operating Procedure (SOP) to help ensure 4303 commodities are sold for their highest and best value. The SOP requires Recology obtain multiple 4304 quotes for each commodity on a monthly basis; only the highest offers for materials are accepted. 4305
4306 The SOP is overseen by Recology’s Commodity Sales Manager and the Director of Sales & Marketing, 4307 who also monitor performance against key market indicators. When benchmarked against other 4308 companies in our industry, Recology consistently sells its materials for higher values. 4309
4310 Recology South Valley Organics
4311
4312 Recology proposes to process organics at its Recology South Valley Organics (SVO) composting site in 4313 nearby Gilroy, CA.
4314
4315 Recology South Valley Organics (SVO) is a large-scale composting facility located at 3675 Pacheco Pass 4316 Highway in Gilroy, CA. It is approximately 13.6 road miles from the San Benito County administration building at 481 4th 4317 Street in Hollister, CA.
4318
4319 Organics will be direct-hauled to the composting facility. 4320
4321 SVO Capacity
4322 With a permitted capacity of 117,000 tons per year, SVO is capable of accepting the San Benito County 4323 IWM organic material.
4324
4325 SVO Processing Methods
4326 SVO uses both windrow and in-vessel processing systems to compost residential organics and food 4327 scraps. The site is permitted to receive material from 6:00 am to 9:00 PM, excluding Christmas Day and 4328 New Year’s Day. The facility is permitted to occasionally receive material 24 hours per day between 4329 April and November, by prior arrangement.
4330
4331 Loads are inspected for contamination, and RSVO reserves the right to reject loads that contain more 4332 than 1% - 3% contamination by volume (depending on the material type). Any loads containing 4333 hazardous material are automatically rejected. The average monthly residue level of SVO is less than 4334 1%.
4335
144
4336 The following is an overview of SVO’s composting process:
4337
4338 o When materials arrive at the site, a load checker screens for large contaminants. 4339 o Feedstock is then processed through a slow speed shredder, 4340 o After shredding and or grinding, the material is placed in active windrows and/or in-vessel 4341 processing systems, where it is turned into fully-cured compost over a period of approximately 4342 120 days.
4343
4344 SVO Permits and Approvals
4345 SVO is a fully-permitted composting site. The following table details the permits, permit numbers, and 4346 issuing entities.
4347
Recology South Valley Organics (SVO) Permits
Permit Number/Unit Issuing Entity
Use Permit and Architectural
and Site Approval (ASA)
2102-55-68-03GA-03EA03PAMSanta Clara County
Solid Waste Facility Permit -
Composting
Facility No. 43-AA-0017 California Department of Resource Recycling & Recovery (CalRecycle)
Registration Permit – Wood
Processing
Facility No. 43-AA-0035 California Department of Resource Recycling & Recovery (CalRecycle)
Waste Discharge Requirements
Order No. R3-2011-0019
Waste Discharger ID No. 3
430307001
Central Coast Regional Water
Quality Control Board
Environmental Health Permit PT0466209 – Composting
(Wood Processing)
Santa Clara County Department of
Environmental Health
Environmental Health Permit PT0475248 – Aboveground
Storage Tank
PT0430145 – Haz Waste
Generator
PT0478639 – Haz Mat
Storage
PT0478957 – Storm Water
Santa Clara County Department of
Environmental Health
Permit to Operate Plant No. 13566 Bay Area Air Quality Management District
Permit to Operate Air Pressure
Tank – Compressor Trailer
Serial No. A026406-11 California Department of Industrial Relations
Permit to Operate Air Pressure
Tank – Compressor
Serial No. A026144-15 California Department of Industrial Relations
Permit to Operate Air Pressure
Tank – Portable Compressor
Serial No. A028538-04 California Department of Industrial Relations
Permit to Operate Air Pressure
Tank – Compressor Trailer
Serial No. A026198-06 California Department of Industrial Relations
Environmental Protection
Agency ID
ID No. CAL000153023 California Department of Toxic
Substances Control
Fertilizing Materials License Firm No. 109289
License No. 109290
California Department of Food and
Agriculture
4348
4349
145
4350 Marketing Organics
4351
4352 The source-separated organic materials received at SVO are converted into nutrient-rich compost. The 4353 compost is an OMRI-listed product, sold for agricultural or horticultural use. 4354 The primary markets for compost consist of Central and Northern California organic farmers that use 4355 Recology products to produce organically-grown fruits and vegetables. In addition, Recology sells 4356 wholesale compost to retail outlets, which supply local vineyards. 4357
4358 Recology’s quality assurance program includes thorough nutrient, metal, and pathogen analysis, which 4359 meets the U.S. Composting Council Seal of Testing Assurance program. In addition to the materials 4360 analysis, Recology personnel carefully inspect finished compost to ensure the product is visually 4361 appealing and free of any foreign objects.
4362
4363 The sales and marketing of Recology’s organics products are handled by Recology Organics, a sub-brand 4364 of Recology Inc. complete with its own sales force and branding designed to nurture demand for 4365 Recology products.
4366
4367 F1. G. Requirements for Operations, Equipment and Personnel 4368
4369 Operations: Residential Premises
4370
4371 Recology honors the noise ordinances of the communities it serves and will ensure that collection from 4372 residential premises will occur between the hours of 6 AM and 6 PM, Monday through Friday. 4373 Recology’s RouteSmart software (described in further detail in Section F1. A: Single-Family Services) 4374 considers time of day constraints when creating routes. This ensures any noise ordinances are not 4375 violated.
4376
4377 Operations: Commercial Premises
4378
4379 Recology will likewise honor noise ordinances when serving commercial premises. Commercial 4380 customers that are 200 feet or less from residential areas will be served between 6 AM and 6 PM, 4381 Monday through Friday. Commercial customers more than 200 feet from residential properties will be 4382 served between the hours of 3 AM and 6 PM, Monday through Saturday. 4383
4384 Equipment
4385
4386 Collection Vehicles
4387 Recology will utilize new collection vehicles for the new Agreement term, powered by renewable diesel. 4388 The following chart provides an overview of vehicle specifications. All vehicles will be 2018 model year, 4389 with an anticipated 10-year useful life.
4390
4391 Each vehicle will either collect garbage, single-stream recyclables, or organic material (food waste co4392 mingled with yard trimmings), depending on the routing needs. 4393
4394
4395
4396
146
Single-Family Customers Multi-Family and Commercial Customers Vehicle Type Fully-automated side loader Vehicle Type Front end loader Quantity 12 Quantity 4
Cost per vehicle $364,000 Cost per vehicle $395,000
Manufacturers Autocar/Heil Manufacturers Autocar/Heil
Gross weight 54,000 lbs. Gross weight 57,000 lbs.

Capacity 28 cu yds Capacity 40 cu yds
Number of axles 3 Number of axles 4
# of compartments 1 # of compartments 1
4397
4398 Renewable Diesel Fuel
4399 The renewable-diesel fleet would be powered by NEXBTL renewable diesel, manufactured by Neste Oil, 4400 or a similar renewable diesel fuel, or a similar renewable diesel fuel produced by an alternative 4401 manufacturer. Recology is currently using NEXBTL renewable diesel to power 381 collection vehicles 4402 serving the City of San Francisco.
4403
4404 Neste Oil uses a variety of vegetable oils and waste animal fats (including high free fatty acids) as 4405 feedstock for NEXTBL renewable diesel. Hydrotreated Vegetable Oil (HVO) like NEXBTL renewable diesel 4406 is produced by hydrotreating various vegetable oils, animal-based waste fats, and by-products of 4407 vegetable oil refining. HVO is an advanced biofuel compared to traditional biofuel FAME (Fatty Acid 4408 Methyl Ester) produced through the conversion of vegetable oils. 4409
4410 The benefits of this fuel type include:
4411
4412 o Increased energy security, since the fuel can be produced using a variety of widely-available 4413 feedstocks such as soybean oil, palm oil, canola oil, animal tallow, or vegetable oil waste. 4414 o Lower emissions described in further detail in the table and charts below. 4415 o Improved utilization of existing assets since the fuel can be used in existing diesel infrastructure. 4416 o Better performance due to its higher combustion quality compared to conventional diesel. 4417 o Overall more cost effective compared to CNG. CNG engines are each over $30,000 more than 4418 diesel engines and have a shorter life expectancy. Renewable diesel allows Recology to offer a 4419 more cost-effective fleet while further reducing emissions. 4420 o Greater security during a natural disaster, since Recology’s fleet will not be dependent on 4421 natural gas infrastructure.
4422
4423 In 2016, Recology commissioned a study by Ramboll/Environ to analyze fuel types. Of the three fuel 4424 types analyzed – renewable diesel, diesel, and CNG – renewable diesel had the lowest life-cycle 4425 emissions rates and the lowest emission rate for three air pollutants. In addition, renewable diesel 4426 outperforms CNG in three out of five emissions standards. 4427
4428
4429
4430
4431
4432
4433
4434
147
4435 Below is an overview of the findings.
4436
4437
4438
4439
4440
4441
4442
4443
4444
4445
4446 *According to the Environmental Protection Agency (EPA), Life-cycle emissions “is used to assess the 4447 overall greenhouse gas (GHG) impacts of a fuel, including each stage of its production and use.” For 4448 more information, please go to: https://www.epa.gov/renewable-fuel-standard-program/lifecycle4449 analysis-greenhouse-gas-emissions-under-renewable-fuel 4450
4451
4452
4453
4454
4455
4456
4457
4458
4459
4460
4461
4462
4463
4464
4465
4466
4467
4468 The renewable diesel that will power Recology’s fleet will not be produced from palm oil. Please 4469 see Attachment F1-1: Golden Gate Petroleum Sourcing for a letter clarifying the source of the fuel. 4470
4471 Neste Oil adopted “No-Deforestation and Responsible Sourcing Guidelines” in April 2013. The 4472 general purpose of the guidelines is to ensure that Neste’s raw materials will not lead, either directly 4473 or indirectly, to loss of valuable forests. Specifically, the guidelines provide the following 4474 environmental benefits or requirements:
4475 o All Neste feedstock sourcing will follow the requirements of the European Union Renewable 4476 Energy Directive (established in 2009) which precludes the use of raw material used to produce 4477 biofuels being obtained from land with high biodiversity after January 2008, including primary 4478 forests, nature preserves, threatened or endangered ecosystems, grasslands, wetlands, or 4479 peatlands as defined in the Directive.
4480 o Neste will only purchase biofuel feedstock that, among other things, are:
4481  Fully traceable back to the point of origin
4482  Are produced in compliance with all applicable laws and regulations Emission Rates, by Fuel Type
Fuel Type NMHC NOx CO PM DPM Life-Cycle
Emissions*
Diesel .010 0.190 0.050 0.001 0.001 102.82
Renewable Diesel .0095 0.171 0.045 0.0007 0.0007 33.46
CNG .050 0.130 7.5 0.002 0 77.86
102.82

33.46 77.86
0 20
40 60
80 100

D I E SE L R E NE WAB L E D I E SE L C NG
Life-Cycle Emissions, by Fuel Type
148
4483  Protect high carbon stock forest areas
4484  Protect and properly manage peatlands
4485 o Neste will provide preference to suppliers who actively implement similar no-deforestation 4486 principles in their operations, will support their suppliers in meeting their guidelines, and, will 4487 reconsider use of suppliers unwilling to comply with the guidelines. 4488 o Neste’s guidelines established legally binding requirements for renewable raw material supply 4489 that prohibit the use of raw material obtained from land that was either a primary forest or 4490 wooded land, a protected area, a wetland, or a peatland in or after January 2008. 4491
4492 For more information, please visit the following links:
4493
4494 https://www.neste.com/en/corporate-info/sustainability/sustainable-supply-chain/sustainably4495 produced-palm-oil 4496
4497 https://www.chelanpud.org/docs/default-source/default-document-library/biodiesel-fact-sheet_10 4498 24.pdf
4499
4500 Cart and Container Specifications
4501 Single-family, multi-family, and commercial carts will be manufactured by Toter. Toter carts meet all the 4502 specifications of the American National Standards Institute (“ANSI”) standards Z245.30-1999 and 4503 Z45.60-1999. These carts are watertight and have the highest level of craftsmanship in the industry. 4504
4505 Toter carts are manufactured by rotational molding technology, with high-density polyethylene (HDPE) 4506 material, and include at least 30% post-consumer recycled content material. They include hot stamping, 4507 tamper-proof polymeric or rubber wheels with the proper load rating, attached lids, and a ten-year 4508 manufacturer’s warranty.
4509
4510 Front load containers will be manufactured by Wastequip and Consolidated Fabricators. Metal 4511 containers will also be color-coded and will feature labels with contact information, as well as 4512 instructions for reporting leaky or damaged containers. The containers are designed to mitigate 4513 potential leakage.
4514
4515 Recology recommends color-coding only the top band of each metal container (pictured), while leaving 4516 the remainder of the container gray. This lowers the amount of time required to exchange containers 4517 and uses less paint and resources while still conveying the color-coded message to support source4518 separation. 4519
4520
4521
4522
4523
4524
4525
4526
4527
4528
4529
149
4530 The following tables provide an overview of the collection cart and container specifications for all 4531 material types and customer segments.
4532
Solid Waste Carts and Containers – All Customers
Customer
Segment Available Sizes Color Collection Frequency Cart Construction Signage Single-family 20-, 32-, 64- or 96-
gallon Toter carts Gray 1 / week Advanced Rotation MoldedTM Hot stamp (carts)
Stickers (metal
containers/debris
boxes)
Multi-family
64- or 96-gallon Toter
carts
1-8 c.y. containers
Gray 1-6 / week Advanced Rotation
MoldedTM
Hot stamp (carts)
Stickers (metal
containers/debris
boxes)
Commercial
64- or 96-gallon Toter
carts
1-8 c.y. containers
20-, 30- and 40-c.y.
drop boxes/compactors
Gray 1-6 / week Advanced Rotation
MoldedTM
Hot stamp (carts)
Stickers (metal
containers/debris
boxes)
RA Members
64- or 96-gallon Toter
carts
1-8 c.y. containers
20-, 30- and 40-c.y.
drop boxes/compactors
Gray 1-6 / week Advanced Rotation
MoldedTM
Hot stamp (carts)
Stickers (metal
containers/debris
boxes)
4533
Recycling Carts and Containers – All Customers
Customer
Segment Available Sizes Color Collection Frequency Cart Construction Signage Single-family 64- or 96-gallon Toter
carts
Blue 1 / week Advanced Rotation
MoldedTM
Hot stamp (carts)
Stickers (metal
containers/debris
boxes)
Multi-family
64- or 96-gallon Toter
carts
1-8 c.y. containers
Blue 1-6 / week Advanced Rotation
MoldedTM
Hot stamp (carts)
Stickers (metal
containers/debris
boxes)
Commercial
64- or 96-gallon Toter
carts
1-8 c.y. containers
Blue 1-6 / week Advanced Rotation
MoldedTM
Hot stamp (carts)
Stickers (metal
containers/debris
boxes)
RA Members
64- or 96-gallon Toter
carts
1-8 c.y. containers
Blue 1-6 / week Advanced Rotation
MoldedTM
Hot stamp (carts)
Stickers (metal
containers/debris
boxes)
4534
4535
4536
150
Organics Carts and Containers – All Customers
Customer
Segment Available Sizes Color Collection Frequency Cart Construction Signage Single-family 64- or 96-gallon Toter
carts
Green 1 / week Advanced Rotation
MoldedTM
Hot stamp (carts)
Stickers (metal
containers/debris
boxes)
Multi-family 64- or 96-gallon Toter
carts
Green 1-6 / week Advanced Rotation
MoldedTM
Hot stamp (carts)
Stickers (metal
containers/debris
boxes)
Commercial
64- or 96-gallon* Toter
carts
1-2 c.y. containers
Green 1-6 / week Advanced Rotation
MoldedTM
Hot stamp (carts)
Stickers (metal
containers/debris
boxes)
RA Members
64- or 96-gallon* Toter
carts
1-2 c.y. containers
Green 1-6 / week Advanced Rotation
MoldedTM
Hot stamp (carts)
Stickers (metal
containers/debris
boxes)
4537
4538 * For cart-based organics collection, Recology recommends that customers do not exceed a 64-gallon food 4539 scrap cart size for safety reasons. Because organics are wet and therefore have a heavier weight than MSW or 4540 recyclables, 96-gallon organics carts are often too heavy to move when full. Recology can work with customers 4541 requiring a 96-gallon organics cart to implement two smaller carts, or conduct more frequent collection service, 4542 to ensure safety.
4543
4544 Cart and Container Experience
4545 Recology uses carts manufactured by Toter and containers manufactured by Wastequip and 4546 Consolidated Fabricators in the majority of its service areas, including San Francisco, San Mateo County, 4547 Vacaville, Dixon, American Canyon, and other areas. 4548
4549 Recology’s longstanding relationship with these vendors extends more than thirty years. Recology 4550 presently has several million carts by Toter deployed throughout its service areas and several hundred 4551 thousand containers and debris boxes by Wastequip and Consolidated Fabricators. 4552
4553 Personnel
4554
4555 Recology has an established training program for its collection service employees, Customer Service 4556 staff, and Waste Zero staff.
4557
4558 Below is an overview of these training programs:
4559
4560 New Driver Training
4561 All new Recology drivers receive training in the operation of Recology equipment and the unique 4562 aspects of the collection program. Training is provided in the classroom and in the vehicle. Topics 4563 include:
151
4564 o Recology CORE On-boarding, to welcome and integrate new employees into Recology’s culture. 4565 During this segment, drivers are taught about their job roles and expectations, as well as 4566 Recology’s culture and values.
4567 o Customer Service training: This training explores the differences between basic customer 4568 service versus excellent customer service, and how every interaction with a customer is an 4569 opportunity for a positive and memorable experience, for the customer as well as themselves. 4570 Drivers will learn methods to maintain professionalism when faced with difficult customers, and 4571 tips on how to resolve issues on their routes.
4572 o Franchise training: During this session, drivers are taught general collection protocols to meet 4573 the requirements of the Franchise Agreement.
4574 o Contamination training: This training, delivered by a Recology Waste Zero Team member, 4575 teaches drivers how to identify and document contaminated containers. Drivers will be trained 4576 on the procedures for tagging contaminated containers. 4577 o Maintenance training: This training teaches drivers their responsibilities for daily vehicle 4578 maintenance inspections.
4579 o Dispatch Operations training: This training guides drivers through their Route Manual, which 4580 answers questions that a driver may have regarding their position and route responsibilities. 4581 Drivers can use the Route Manual as a frame of reference for specific job responsibilities, route 4582 practices and route expectations.
4583 o Safety and Equipment Overview: This program guides drivers through the requirements of 4584 Recology’s safety training program, to ensure compliance with regulations and industry best 4585 practices.
4586 o Truck Training: The majority of Recology’s driver on-boarding program is spent in the trucks, 4587 actively educating drivers on their use of the vehicles to ensure that safety, efficiency, and 4588 customer service are always at the forefront.
4589 o Q&A Refresher: On this final day of the three-week training program, drivers will meet with the 4590 Managers and Supervisors to review important information from the previous weeks. 4591
4592 Customer Service Specialist Training
4593 Recology invests in the development of Customer Service Specialists (CSSs) through a comprehensive 4594 training program, covering:
4595 o Recology CORE On-boarding, to welcome and integrate new employees into Recology’s culture. 4596 During this segment, CSSs are taught about their job roles and expectations, as well as 4597 Recology’s culture and values.
4598 o Creating Memorable Customer Service: The goal of this training is to educate the CSS on 4599 Recology’s customer base, the services Recology provides, and the CSS’s role in delivering 4600 excellent service.
4601 o Franchise Training: Franchise Training teaches the CSSs general protocols related to the 4602 Agreement
4603 o Technical Training Elements: The Technical Training portion covers the majority of the CSS 4604 training program. During these weeks, the CSSs learn the practical, technical skills they need to 4605 work with the Recology Customer Relationship Management System (RCRM) database. 152
4606 o Contamination Training: Delivered by an experienced Recology Waste Zero Specialist, the 4607 Contamination Training will teach CSSs on the proper procedures for identifying and 4608 documenting accounts with contamination and how to delicately relay information and options 4609 to customers with contaminated containers.
4610 o In-Field Ride-Along with a Driver: Communication between customer service, operations, and 4611 the route driver is vital to ensure customer needs are met. Therefore, Recology CSSs will go on 4612 a ride-along with a driver to observe field conditions and better understand how their role 4613 relates to customers and collection operations.
4614
4615 Waste Zero Specialist Training
4616 Recology invests in the development of the Waste Zero Specialist (WZS) through a comprehensive 4617 training program, covering:
4618 o Recology CORE On-boarding, to welcome and integrate the new employee into Recology’s 4619 culture. During this segment, the WZS will be taught about his or her role and expectations, as 4620 well as Recology’s culture and values.
4621 o Customer Service Training: The WZS will then complete a training titled “Creating Memorable 4622 Customer Service,” delivered by the Customer Service Manager. The goal of this training is to 4623 educate the WZS on Recology’s customer base, the services Recology provides, and his or her 4624 role in delivering excellent service.
4625 o Outreach and Education Material Overview: The WZS will receive focused training on the types 4626 of outreach materials available to teach customers about his or her programs and services. 4627 o Franchise Training: During this session, the WZS will be taught the protocols related to the 4628 Agreement.
4629 o Contamination Training: Delivered by an experienced Recology WZS, the Contamination 4630 Training teaches the new employee how to identify and document contaminated containers and 4631 how to assist customers in addressing contamination. 4632 o Facilities Tours: The WZS will receive tours of various processing facilities, to better understand 4633 this fundamental aspect of the diversion process.
4634 o Developing Presentation Skills: This training will provide the WZS the tools he or she needs to 4635 deliver hands-on presentations to an array of business types, including non-profit organizations, 4636 homeowners’ associations, business groups, environmental organizations, and schools. 4637 o Conducting Waste Audits: During this training, the WZS will be taught how to analyze a 4638 particular customer’s material stream, with a focus on the diversion opportunities available to 4639 customers by business type.
4640 o Providing On-Site Technical Assistance: This training will teach the WZS the various types of 4641 Technical Assistance and training he or she will provide customers related to Recology’s 4642 programs and the Regional Agencies’ diversion goals. 4643 o Reporting and Technical Requirements: This segment of the On-Boarding Program will teach the 4644 WZS about the reporting requirements and his or her role in meeting those reporting needs. 4645 o Recology in the Community: During this on-boarding component, the WZS will meet with a 4646 Recology Ownership Communication Committee (ROCC) Representative and a Recology 4647 Volunteer Liaison to learn more about Recology’s dedication to the community. 153
4648 o Supervisor and Driver Ride-Alongs: During this component of training, the WZS will ride with a 4649 Supervisor and/or Driver, to get an overview of the service area, routes, and his or her 4650 responsibilities to support operations in providing quality collection services and meeting the 4651 Regional Agencies’ diversion goals.
4652
4653 Vehicle Maintenance Program
4654
4655 Recology’s Vehicle Maintenance Program features three main elements:
4656 o Preventive Maintenance
4657 o Vehicle Condition Reports (VCRs)
4658 o 63-Point Inspections (scheduled safety inspections) 4659 Recology is proud of the fact that its companywide fleet has consistently passed California Highway 4660 Patrol Basic Inspection of Terminals (BIT) inspections. 4661
4662 Preventive Maintenance
4663 This program is computer-generated and based on the number of hours a vehicle has been in service, as 4664 well as the time since the last scheduled service. The services are completed at several vehicle 4665 operating intervals: 150, 250, 500, 1000, and 2000 hours. The services include but are not limited to:
4666 o Inspection of hydraulic and air hoses and lines for wear or leaks 4667 o Check and adjust all fluid levels
4668 o Changing of filters (oil / fuel / air / hydraulic / etc.) 4669 o Lubricate truck chassis and body per specifications. 4670
4671 Vehicle Condition Reports (VCRs)
4672 All drivers are required to complete a VCR at the beginning and end of each shift in order to identify any 4673 equipment defects, leaks, or necessary repairs and/or adjustments. The VCRs are signed off by 4674 mechanics and reviewed by the Maintenance Manager. 4675
4676 Safety Inspection
4677 Safety inspections are performed at least every 90 days and are subject to Compliance Audits by the 4678 California Highway Patrol to ensure Recology complies with all DOT standards and regulations. 4679
4680 Recology’s 63-point inspection is a detailed process that includes:
o Interior / Exterior
o Safety devices
o Wiring
o Horn / lighting
o Engine
o Radiator
o Hoses / lines / tubes
o Fuel pump / throttle
o Brakes
o Drums / lining
o Governor / air brake
application tests
o Emergency brake
o Chassis
o Springs / shackles
o Driveshaft
o Frame
4681
4682 Recology Safety
4683
4684 Recology cares about its employees, its customers and the communities it serves. As employee owners, 4685 staff have high expectations to keep everyone safe at work and at home. 4686
154
4687 Recology observes high safety standards for its collection drivers, sorters, and other employees. All new 4688 collection drivers must:
4689 o Possess a valid commercial driver license
4690 o Pass a physical examination to obtain a medical receipt 4691 o Pass background checks, including motor vehicle driving history and drug and alcohol testing 4692 history
4693
4694 New drivers receive safety orientation training, which is comprised of both classroom and hands-on field 4695 exercises. New drivers are then trained in the operation of collection trucks and equipment, followed by 4696 on-route training with safety trainers. The training process typically takes three to four weeks. Once 4697 completed, the driver is given a road test to assess proficiency before being assigned a route as a 4698 probationary driver.
4699
4700 Going forward, drivers and equipment operators participate in monthly training events that address 4701 major operational topics. In addition, weekly and ad hoc trainings will be conducted to address topics of 4702 current interest or concern. A record is maintained of the dates, topics, locations, and participants of all 4703 Recology training events.
4704
4705 Driver and equipment operator safety performance is monitored through direct observation by (a) 4706 Operations Supervisors and other management personnel using mobile recording technology, and (b) an 4707 on-board video safety system technology, mounted in the collection vehicles. Electronic records of all 4708 events of concern are maintained by Recology.
4709
4710 Recology maintains records of all driver and equipment operator qualifications data, including current 4711 licenses and certifications, and the results of pre-employment, random, and post-accident drug and 4712 alcohol tests. An outside contractor monitors DMV records to alert Recology of upcoming driver license 4713 renewal requirements and driver citation experience, for which electronic records are maintained by 4714 Recology.
4715
4716 Environmentally Preferable Purchasing Policy
4717
4718 Consistent with the company’s corporate sustainability platform, Recology Inc. has adopted 4719 environmentally preferable purchasing behaviors, including the implementation of a corporate-wide 4720 green procurement policy for office, breakroom and promotional products. 4721
4722 The program is managed interdepartmentally to ensure procurement activities consider both 4723 environmental and fiscal impacts. Recology’s selected vendor provides a “Greener Office” brochure and 4724 committed customer support green team to provide guidance and reporting services related to green 4725 product procurement and utilization.
4726
4727 Quantifiable results of Recology’s Environmentally Preferable Purchasing Policy will be reported in 4728 Recology’s annual report to the RA Members and in external sustainability reporting contexts. Examples 4729 of product criteria are provided below:
4730 o Copy Paper: 100% post-consumer content (PCC) recycled content products, including letter, 4731 ledger and legal-sized varieties.
155
4732 o Misc. Paper: Minimum 50% post-consumer (PCC) recycled content products, with goal to 4733 achieve 100% recycled content within one (1) year of implementation (filing folders, mailing 4734 envelopes, paper tablets, notebooks, etc.).
4735 o Paper Towels and Bath Tissue: Minimum 50% recycled content products, with goal to achieve 4736 100% recycled content within one (1) year of implementation. 4737 o Janitorial: Purchase green-certified, natural cleaners and detergents whenever applicable. 4738 o Toner and Electronic Recycling: Company-wide participation in vendor recycling programs for 4739 printer and toner cartridges, household batteries, and electronics. 4740 Program Development: Continue to pursue procurement of additional environmentally 4741 preferable, alternative products as fiscal and sustainability program contexts allow. 4742
4743 Local Purchasing Preference
4744
4745 Recology prides itself on working with local businesses and suppliers to help the communities it serves 4746 economically thrive. Below is a list of some of the local vendors that Recology utilizes in the San Benito 4747 County area:
4748 o Napa Auto Parts - Hollister Auto Parts, located at 140 4th Street, HollisterWright Brothers 4749 Industrial Supply, located at 1745 San Felipe Road, HollisterDassel’s Petroleum, located at 31 4750 Wright Road, Hollister
4751
4752 F1. H. Billing, Customer Service, Record Keeping and Reporting 4753
4754 Billing Services
4755
4756 Recology will bill each single-family customer bi-monthly in arrears. Each multi-family and commercial 4757 customer shall be billed monthly in advance.
4758
4759 Recology accepts bill payments online, over the telephone, in-person, or as recurring monthly charges. 4760 All customer account information, service levels, and billing is recorded in the Recology Customer 4761 Relationship Management (RCRM) system. More information on this system and the various payment 4762 methods accepted by Recology is provided below.
4763
4764 Recology Customer Relationship Management System
4765 Recology records customer service data in its Recology Customer Relationship Management (RCRM) 4766 system. The system allows Recology to record the history of all customer-related information, billing, 4767 services, and interactions.
4768
4769 The RCRM system is an IBM iSeries-based system that was developed over the past 28 years to provide 4770 functionality specific to the collection and recycling business. This software is updated to accommodate 4771 changes in the industry and new government regulations. 4772
4773 The system records such information as:
4774 o Customer and service level information
4775 o Billing and payment history
4776 o Customer service issues and inquiries
4777 o Routing
156
4778 o Ticketing
4779 o Dispatching
4780 o Contact information
4781 o Service level including size and number of containers 4782 o Collection day(s)
4783 o Current routes
4784 o Special servicing requirements
4785 o Entry key electronic opening device or entry code requirements 4786 o Account history
4787
4788 The RCRM system is fully integrated with Recology’s RouteSmart routing software, ensuring that the 4789 most up-to-date customer information is used to create routes. 4790
4791 Billing is a module within the RCRM software, and customer service information and billing information 4792 are therefore fully integrated. Customers with billing concerns can contact the call center, where all 4793 CSSs are trained to address billing concerns and adjust as necessary in the RCRM system. 4794
4795 All charges and credits appear on the bill that is provided to the customer, and a history of those bills is 4796 available to the CSSs for review. This data aids the CSSs with answering customer billing questions. 4797
4798 Web-Based Electronic Billing and Bill Payment
4799 Customers have the option to view and pay their bills through Recology’s online Account Management 4800 capabilities, accessible at www.Recology.com.
4801
4802 Customers can also access the website 24 hours a day, seven days a week to view and pay their bill or 4803 submit billing inquiries. For more information on the website, please see Attachment F1. 4804
4805 Recology promotes online bill payment on its websites, in newsletters, through messages on bills, and 4806 on the back of paper billing envelopes. E-BillPay allows customers to make a one-time electronic 4807 payment from a conventional paper bill, or to enroll for online billing services to receive and pay their 4808 bill electronically.
4809
4810 All data, including bills and the transactions that appear on those bills, are maintained in the RCRM 4811 system. A prior bill can be viewed, or a copy can be printed at any time. This information is not purged 4812 for active accounts; data can be purged for stopped accounts. 4813
4814 ACH Debit Payment
4815 Recology offers customers the option of paying their service bills via recurring Automated Clearing 4816 House (ACH) direct debits from a customer-authorized bank account. To pay by ACH debit, customers 4817 must provide Recology the applicable bank account information and authorize the deduction from their 4818 bank account.
4819
4820 Billing and Payment by Mail
4821 The majority of Recology’s customer bills are produced on paper and mailed to customers. However, a 4822 growing number of Recology’s customers prefer to pay their bills electronically. 4823
4824
4825
157
4826 Payment at the Call Center
4827 Recology accepts in-person bill payment at its call center located at 1351 Pacheco Pass Hwy in Gilroy, 4828 CA. Recology’s Customer Service Specialists (CSSs) can also process payments made over the phone 4829 using a checking or savings accounts, or by credit or debit card. 4830
4831 Local Payment Centers
4832 Recology currently accepts customer payments at the Ace Cash Express located inside the Safeway 4833 Supermarket at 591 Tres Pinos Road in Hollister, CA. During the new Agreement term, customers will be 4834 able to continue using this location to pay their bills. 4835
4836 In addition, Recology will begin accepting payments at two additional locations – one in San Juan 4837 Bautista and one in the unincorporated County area – to provide convenient alternative payment 4838 options for customers.
4839
4840 In San Juan Bautista, Recology will accept payments at the Windmill Market located at 301 The Alameda. 4841 In the unincorporated County area, Recology will accept payments at the Paicines General Store located 4842 at 12261 Airline Highway in Paicines, CA.
4843
4844 Customer Service
4845
4846 Office Location and Hours
4847 Recology’s call center is centralized at its administrative offices at 1351 Pacheco Pass Hwy in Gilroy, CA. 4848 The call center serves all customers of Recology San Benito County, as well as Recology’s customers in 4849 the cities of Gilroy and Morgan Hill.
4850
4851 The Contractor shall also maintain, at least for the first year of the Agreement, an office within San 4852 Benito County for its commercial outreach staff. The capital purchases will be invoiced through this 4853 office.
4854
4855 The call center is staffed with local Customer Service Specialists (CSSs) who are trained in the specific 4856 requirements of the Franchise Agreement.
4857
4858 Customers can contact the Call Center from 8 AM to 5 PM Monday through Friday, as well as 8 AM to 4859 noon on Saturday. The office is also open from 8 AM to 5 PM Monday through Friday for customers 4860 who wish to pay their bill in person. Recology also maintains an automated bill pay number that 4861 customers can call 24 hours a day to pay over the phone. 4862
4863 Local Telephone Number and Equipment
4864 Customers can reach Customer Service by calling 831-636-7500. 4865
4866 Recology’s call center is equipped with a ShoreTel Voice Over IP (VOIP) phone system with unified 4867 communications and contact center capabilities. A single PRI (Primary Rate Interface) is capable of 4868 handling 23 calls at one time; depending on the magnitude of the contract, Recology can implement 4869 multiple PRIs.
4870
4871 ShoreTel’s solutions are built to scale, grow, and evolve as needed. The ShoreTel system is centrally 4872 managed through an intuitive server interface that makes complex tasks easier to accomplish. Recology 158
4873 IT staff can manage the system from anywhere on the network or from anywhere there is internet 4874 connectivity.
4875
4876 With a small energy footprint, a single ShoreTel module supports 90 phones and voicemail boxes with 4877 56 hours of voicemail storage. Adding more phones and voicemail boxes is as simple as adding another 4878 ShoreTel module, making expandability almost unlimited. 4879
4880 Emergency Telephone Number
4881 Recology will provide an emergency telephone number to the Regional Agency and RA Members in the 4882 event of an after-hours emergency. The number will connect the Regional Agency and RA Members to 4883 the Recology supervisor on call.
4884
4885 Multilingual/TDD Service
4886 The Recology Call Center has immediate access to interpreters in over 175 languages through AT&T’s 4887 Language Line. A TDD relay service will be used to provide customer service to hearing impaired 4888 customers.
4889
4890 Website
4891 Recology’s online Account Management capabilities allow customers to manage their account at their 4892 own pace. After a simple enrollment process, (which requires the customer’s account number and 4893 service address for validation), customers can view their current service levels and scheduled service 4894 days.
4895
4896 Online Account Management enables customers to:
4897
4898 o Request service changes
4899 o Request a change to contact and billing information 4900 o Submit inquiries
4901 o View and pay their bill
4902 o Request special services
4903 o View current service rates
4904 o Learn about services and programs
4905
4906 Beyond Account Management, Recology offers a variety of other information on its websites designed 4907 to educate customers on Recology’s services and programs. Content can include:
4908
4909 o Links to outreach and education material
4910 o Announcements on new programs and services
4911 o Standard service descriptions
4912 o A “Contact Us” function, allowing customers to contact Recology 4913 o Links to upcoming events
4914
4915 Service Requests, Compliments, Complaints
4916 Recology’s method to resolve customer complaints begins with a work order, or “ticket,” that is created 4917 in the RCRM system. Each ticket is time-stamped and remains open until completed. Upon completion, 4918 the ticket is closed, and the date, time, and nature of the resolution are recorded. 4919
159
4920 A variety of summary reports can be prepared, based on particular metrics regarding the customer 4921 service process. The tickets all feature a caller name, creation date, type and reason code, scheduled 4922 date, resolution date, and resolution code. The Recology employee creating the ticket and the source – 4923 be it a manually-entered ticket or an interaction from the website – are also recorded. 4924
4925 Recology can tailor the “reason codes” to match the specific reporting requirements of the Franchise 4926 Agreement, such as missed pickups, to ensure the IWMRA receives reports that are meaningful and 4927 specific. The data is never purged, allowing for historical analysis. Recology also tracks ticket reports 4928 internally to identify customer service improvement opportunities. 4929
4930 If a dispute arises that is not resolved to the customer’s satisfaction, the General Manager will 4931 communicate the nature of the complaint and review Recology’s compliance with the Franchise 4932 Agreement with the IWMRA. As outlined in the Franchise Agreement, Recology will respond to all 4933 customer complains within 24 hours of receipt, excluding holidays and weekends. 4934
4935 Record Keeping and Reporting
4936
4937 Recology uses the PC Scale software package to monitor and report collected materials. PC Scale is a 4938 leader in point-of-sale systems for all types of disposal, recycling, and material sales involving truck, 4939 floor, attended and unattended scales.
4940
4941 The PC Scale software captures activity at the scale sites. Every load into or out of a Recology-controlled 4942 location is weighed and details such as route, truck, commodity, gross weight, tare weight, and net 4943 weight are recorded and uploaded every hour to the RCRM system. 4944
4945 At a facility that is not a Recology-controlled location, drivers receive their weight tag at the facility, and 4946 those numbers are entered into the RCRM system.
4947
4948 For loads that are taken to facilities outside of Recology, the weight tags can either be electronically 4949 uploaded from the facility, or they can be manually keyed into Recology’s Weight Tag module within the 4950 RCRM software.
4951
4952 The weight tags are reviewed, and reports are generated in the RCRM software. These reports are 4953 reconciled with the day’s final reports for PC Scales or information provided by the outside facility. Once 4954 reconciled, the tags are posted to the RCRM system. This data is never purged and, therefore, is 4955 available for historical analysis. By capturing the details on every load, Recology can accurately report 4956 the weight and type of material collected as well as the weight and type of the material leaving the 4957 facility.
4958
4959 The PC Scale software allows Recology to track all inbound collection vehicle tonnage by route and day, 4960 and by load for roll off and transfer vehicles. The truck ID is captured and sent the PC Scales system 4961 where the truck tare weight is stored, thereby eliminating the need to weigh the truck twice. 4962
4963 As outlined in the Franchise Agreement, Recology shall submit quarterly reports within 30 days after the 4964 end of the calendar quarter. In addition, Recology shall submit annual reports within 45 days after the 4965 end of the calendar year.
4966
160
4967 F1. I. Other Environmental Enhancements
4968
4969 Providing community-centered, environmentally-friendly collection services are core to Recology’s 4970 business practices. Recology has a long commitment to sustainable practices, beginning with the 4971 recovery and reuse methods employed by predecessor companies in the 1920s. 4972
4973 Although many business conditions have changed in the past one hundred years, Recology remains 4974 focused on minimizing waste and engaging with climate change initiatives, both internally and on behalf 4975 of customers.
4976
4977 “WASTE ZERO” is more than just a company tag line – it is Recology’s commitment to future generations 4978 and a core component of the company’s strategies.
4979
4980 To support the IWMRA’s environmental goals, Recology is offering the following enhancements as part 4981 of its base proposal:
4982
4983 Edible Garden at the Community Food Bank
4984
4985 As part of Recology’s mission to support sustainable communities, Recology will work with the Food 4986 Bank’s staff to plant fruit trees, vegetables, and flowers. Recology employees will help staff tend to the 4987 crops and harvest produce, which can be distributed to Food Bank customers. 4988
4989 The garden would be planted on a designated area of the 2,250 square feet patch of land located on the 4990 north side of the building. Recology will pay for the materials to build the garden, including the fruit 4991 trees, irrigation, vegetables, flowers and herbs, compost and soil amendments, ground cover, and stakes 4992 for trees and shrubs.
4993
4994 Partnership with Pat’s Place to Divert Reusable Goods 4995
4996 Recology will work with Pat’s Place, a reuse store in Hollister, to give a second life to reusable goods 4997 collected under the Bulky Item Collection Program. 4998
4999 After collection, a Recology employee will bring reusable items to Pat’s Place, where volunteers can sort 5000 items for resale. Any items that cannot be utilized or sold will be placed in a container provided by 5001 Recology for either recycling or disposal, as appropriate. 5002
5003 All proceeds from the sale of the salvaged items will be given to the Community Food Bank of San 5004 Benito. Furthermore, Recology will provide a quarterly donation to Pat’s Place and/or the Food Bank to 5005 help cover the cost of staff time utilized for the sorting and handling of the materials dropped off by 5006 Recology.
5007
5008 San Benito County Recycles! Poster Contest
5009
5010 The San Benito County Recycles! Poster Contest is an opportunity for students to express their creativity 5011 while reinforcing the importance of recycling.
5012
5013 The contest would be open to all local students in public or private schools, from Kindergarten through 12th 5014 grade.
161
5015 Posters would contain the student’s original artwork and highlight recycling, waste reduction efforts, or 5016 other environmental issues such as water or air pollution. The winning poster would be depicted on the 5017 side of Recology’s collection vehicles.
5018
5019 School Assemblies and Outreach
5020
5021 Recology sees the future generation as a fundamental partner in maximizing diversion efforts. 5022 Therefore, Recology’s public education and outreach strategy includes a robust program in schools 5023 within the IWMRA area.
5024
5025 Recology’s Waste Zero Specialist will work closely with public and private schools to educate students on 5026 source reduction, reuse of materials, and participation in recycling programs. Specific programs can 5027 include:
5028 o School assemblies: Recology will continue to offer environmentally-focused assemblies to local 5029 schools, with performances by the Banana Slug String Band (pictured). 5030 o Classroom projects: Also tailored to grade level, these hands-on projects teach students about 5031 renewable versus non-renewable resources and encourage creative uses of everyday items to 5032 increase sustainability.
5033 o Educator resources: Recology’s Waste Zero Specialist will connect educators with curriculum 5034 and other resources to help continue sustainability and diversion lessons throughout the school 5035 year.
5036
162
5037 F2. COST BASIS FOR PROPOSAL (FINAL COST FORMS 1.0 TO 1.9) 5038 (SEE SEPARATELY ATTACHED FILE)
5039
5040
163
5041
5042 F3. MAXIMUM ALLOWABLE RATES FOR COLLECTION SERVICES FOR RATE YEAR 1 5043 (MODIFIED FINAL COST FORMS 2.1, 2.2, 2.3, 2.4.A, 2.5.A, 2.6.A, 2.7, 2.8, AND 2.9) 5044 (SEE SEPARATELY ATTACHED FILE)
5045
164
5046 ATTACHMENT F4. CONTRACTOR IMPLEMENTATION PLAN AND SCHEDULE 5047
5048 Transition into the New Agreement Term
5049
5050 As the incumbent service provider for the IWMRA, Recology can ensure a smooth transition into the 5051 new Agreement term. Since Recology maintains an accurate customer database for residents and 5052 businesses, routes and collection days would not need to be adjusted, unless the IWMRA elects 5053 programmatic changes.
5054
5055 Furthermore, customers will continue to be served by the same team of drivers and customer service 5056 specialists, providing the consistent, high-quality service. 5057
5058 In addition, because Recology is the incumbent contractor, no blackout period for service level 5059 modifications would be necessary during the new Agreement implementation. During transitions to a 5060 new service provider, it is common to require a two-week blackout period, to help minimize customer 5061 data inaccuracies during the transition.
5062
5063 Participation from the Regional Agency Members
5064
5065 Recology appreciates its relationship with IWMRA staff and looks forward to continuing this open 5066 communication into the new Agreement term.
5067
5068 Recology proposes to hold regular meetings with IWMRA staff and any other relevant stakeholders 5069 following execution of the Agreement.
5070
5071 Assuming the Agreement is signed in June 2018, for a service start date of November 1, 2018, Recology 5072 recommends meeting every other week for the month of August. Meeting frequency would increase to 5073 weekly for the final three months prior to the start of the Agreement. Depending on the nature of the 5074 final Agreement, this meeting schedule could be adjusted at the discretion of IWMRA staff. 5075
5076 In advance of each meeting, Recology would provide an agenda. Within 24 hours following the meeting, 5077 Recology would provide a summary and action items. Meetings could be held in-person or via 5078 conference call as appropriate.
5079
5080 Vehicle Procurement
5081
5082 Recology understands that timely procurement
5083 of equipment is essential to the start of the new
5084 Agreement. Recology’s experience and
5085 relationships with equipment vendors provides
5086 an accurate estimate on the time needed to
5087 produce and secure equipment.
5088
5089 Typically, 9 months lead time is required to procure, build, and test new vehicles. Due to the required 5090 manufacturing time, Recology will use existing equipment to service customers until the new vehicles 165
5091 arrive. As new vehicles are delivered and tested, Recology will begin utilizing the new vehicles to service 5092 customers. Existing collection vehicles will be fueled using renewable diesel. 5093
5094 New Programs Mailing and Recycling Guide
5095
5096 Prior to the start of service, each customer will receive a New Programs Mailing and Recycling Guide 5097 describing and illustrating methods to prepare recyclable, organic, and solid waste materials for 5098 collection. The brochure will illustrate the acceptable materials for each container and will also detail 5099 the proper set out procedures for the collection containers. 5100
5101 Recology will prepare tailored content for single-family, multi-family, and commercial subscribers. 5102 Further details on the New Programs Mailing and Recycling Guide are provided in Section F1. E. Public 5103 Education and Outreach.
5104
5105 Cart and Container Selection
5106
5107 Container selection is an important component of Recology’s transition plan. By helping customers 5108 identify the proper container sizes for all three material streams, Recology can maximize diversion 5109 potential.
5110
5111 Recology will distribute a Container/Cart Selection Card as a component of the New Programs Mailing. 5112 The Card will offer multiple media formats to help customers select their proper container sizes, 5113 including:
5114
5115 o Container/Cart Selection postcard: These postcards, which would be sent to every customer, 5116 graphically depict the container and cart sizes available to customers in all three waste streams. 5117 Customers check a box for their desired size and mail the postcard back to Recology. 5118 o Website: As a supplement to the Container/Cart Selection postcard, Recology will launch a 5119 webpage (pictured) where customers can select their preferred cart or container sizes. After 5120 selection, customers receive an acknowledgement email and the information is updated in 5121 Recology’s system to facilitate cart distribution. 5122
5123 Advertisements, Press Releases, and Public Service Announcements 5124
5125 Recology will prepare and distribute the following announcements approximately one month prior to 5126 the start of the new Agreement:
5127 o A public service announcement (PSA) for local radio and cable television broadcasts 5128 o Newspaper and online advertisements highlighting upcoming programs and services 5129 o A press release describing the programs offered by customer sector (single-family, multi-family, 5130 and commercial)
5131
5132 Customer Database and Routing
5133
5134 As the incumbent service provider, Recology already maintains an accurate customer database, and can 5135 continue to provide consistent service to customers during the transitional period. 5136
5137 In fact, the creation of an accurate customer database is one of the most vital components of any start5138 up, impacting routing, outreach and education activities, equipment procurement, and other factors. 166
5139 Recology’s customer database already includes all pertinent information for routing, billing, and service 5140 levels, such as:
5141 o Customer name
5142 o Billing address
5143 o Service address
5144 o Contact information
5145 o Service level, including size and number of containers 5146 o Collection day(s)
5147 o Current routes
5148 o Special servicing requirements
5149 o Entry key electronic opening device or entry code requirements 5150 o Account history
5151
5152 Cart and Container Distribution
5153
5154 Recology will have a dedicated manager overseeing the distribution teams for plastic carts and metal 5155 containers. In addition, each distribution team will have a field supervisor overseeing delivery, assuring 5156 all homes and businesses receive the correct size cart(s) and container(s). Field supervisors will also be 5157 Recology’s spokespeople for residents and businesses that may have questions as carts and bins are 5158 delivered.
5159
5160 The following is an overview of Recology’s operational steps to distribute new plastic carts and metal 5161 containers.
5162
5163 Single-Family Cart Distribution Process
5164
5165 Recology will work with Toter, its vendor for carts, to conduct the cart distribution process in a timely 5166 manner.
5167
5168 Using the updated customer database and RouteSmart, Recology will produce a cart assembly and 5169 delivery report. This report will provide a summary of the number and size of each type of cart for each 5170 route. This report will allow the assembly crew the ability to pre-load a delivery truck with the exact 5171 number and size of cart by route, providing for efficient and accurate delivery. 5172
5173 Single-family distribution teams will deliver recycling carts. Teams will utilize route sheets created by 5174 RouteSmart. The delivery trucks will mirror the collection route in RouteSmart, assuring all homes are 5175 receiving their requested cart size.
5176
5177 Recology would use a similar method to collect the existing carts. Existing cart collection teams would 5178 utilize route sheets created by RouteSmart to systematically collect the existing carts after the new carts 5179 have been delivered.
5180
5181 Recology field supervisors will also have the same route sheets, allowing them to record by address any 5182 issue that may occur on the route that may affect future collection efficiency. In addition, the use of 5183 route books will allow Recology to accurately generate reports that follow distribution progress. 5184
5185
167
5186 The recycling cart will include outreach material detailing the following information:
5187 o Proper placement of cart
5188 o Collection start date
5189 o Materials accepted in the recycling cart
5190 o Frequently asked questions (FAQ)
5191 o Contact information for the resident should they have any questions 5192
5193 Commercial and Multi-Family Container Exchange
5194
5195 Commercial and multi-family container delivery teams will utilize distribution route sheets similar to 5196 those of single-family residents.
5197
5198 Due to space constraints in many commercial areas, Recology will exchange multi-family and 5199 commercial containers rather than simply distribute new containers. 5200
5201 Distribution of new commercial and multi-family containers will be done in zones. Dividing the service 5202 area into container exchange zones will minimize traffic delays, facilitate supervision, and provide for 5203 more efficient use of equipment. Recology will complete the exchange of containers zone by zone, until 5204 the entire service area has been completed.
5205
5206 The commercial container exchange team’s delivery fleet equipment will consist of two stinger trucks 5207 (trucks with bin lifting and transferring capabilities), flat-bed trucks, and a front-end-loading (FEL) truck. 5208
5209 The stinger truck is a specially designed truck that can pick up and transport FEL bins. As the commercial 5210 container exchange team moves from business to business within a zone, one stinger truck will remove 5211 the existing bin to a location where the FEL truck is able to empty it. Once empty, the container will be 5212 loaded on a flat-bed truck to be delivered to Recology’s corporate yard, where they will be refurbished. 5213 Once the bin has been removed, the second stinger truck will place a new container from another flat5214 bed truck at the service location. 5215
5216
5217
5218
5219
5220
5221
5222
5223
5224
5225
5226
5227
5228
5229
5230
5231
5232
5233
5234
168
5235 Implementation Schedule
5236
5237 The following Transition Schedule overviews the major tasks and time periods required to complete 5238 those tasks, assuming a June 2018 Agreement execution date. Please note that exact dates are subject 5239 to adjustment in the final implementation plan.
5240
Final Implementation Schedule – June to November 2018
Implementation Task Timeline
Agreement Executed (estimated) June 2018
Equipment & Procurement
Trucks
Place order for new collection vehicles June 2018
Serve customers with existing collection fleet as new vehicles are manufactured and tested November 1, 2018
Receive new collection vehicles March 1, 2019
Truck testing March 1 – March 31, 2019
Begin serving customers with new collection vehicles April 1, 2019 Truck electronics
Order truck equipment (GPS-enabled on-board video safety system, such as DriveCam or similar technology) June 2018
Carts
Place cart inventory order June 2018
Cart manufacturing July 1, 2018 – Sept. 1, 2018
Receive carts (rolling deliveries) Sept. 21, 2018 – Oct. 8, 2018 Cart delivery/removal Oct. 1, 2018 – Oct. 29, 2018
Containers
Place container inventory order June 2018
Container manufacturing July 1, 2018 – Sept. 1, 2018
Receive inventory containers Sept. 24, 2018 – Oct. 8, 2018 Container exchange Oct. 1, 2018 – Oct. 29, 2018
Route Development
Refine and develop routes July 5, 2018 – Oct. 1, 2018
Refine and develop Commercial / MFD Route July 5, 2018 – Oct. 1, 2018 Create final route maps Oct. 4, 2018 – Oct. 29, 2018
Employee Onboarding and Training
Conduct Driver refresher training to ensure compliance with Agreement Oct. 15, 2018 – Oct. 29, 2018 Conduct Customer Service Specialist (CSS) refresher training to ensure compliance with Agreement Oct.15, 2018 – Oct. 26, 2018
Recruit and hire Waste Zero Manager June 2018
Recruit and hire Waste Zero Specialists Aug. 6, 2018 – Oct. 5, 2018 Conduct Waste Zero Specialist training to ensure compliance with Agreement Oct. 1, 2018 – Oct. 31, 2018
Customer Notification & Public Education
Design Residential, Commercial, and Multi-Family Program Brochures and other educational material, in collaboration with Regional Agency July 1, 2018 – July 31, 2018 Distribute Cart Selection postcards/website URL and conduct cart selection period Aug. 1, 2018 – Sept. 28, 2018
5241
169
5242 F5. APPROVED SUBCONTRACTORS
5243 1. Monterey Regional Waste Management District
5244 14201 Del Monte Blvd.
5245 Marina, CA. 93333
5246
5247 The MRWMD will process single-stream recyclables and construction and demolition 5248 collected by Recology in the RA Member service areas. The facility will also process 5249 commercial municipal solid waste to capture divertible materials, should the RA members 5250 elect to implement this program.
5251
170
5252 F6. COMMERCIAL RECYCLING AND ORGANICS OUTREACH PLAN 5253 F6.A. San Benito County Regional Agency Members
5254 Recology is submitting this plan in response to the Regional Agency’s Conditions of Approval that 5255 required Recology to develop a detailed commercial recycling plan to thoroughly outline how to increase 5256 commercial diversion from the current commercial diversion rate of 6% and include two additional 5257 Recycling Outreach Coordinators in year 1 of the contract at no cost to the ratepayers. 5258
5259 Recology will provide the recycling and organics outreach programs described in this Plan to all 5260 Commercial and Multi-Family (MFD) customers in the service areas. This includes schools located within 5261 the service area. A comprehensive and well-coordinated commercial recycling and organics outreach 5262 plan is essential to increasing the current 6% diversion rate and meet the overall 45% diversion 5263 requirement in the Franchise Agreement.
5264
Recology San Benito County
Total Forecasted Diversion
Years 1 through 4 of Agreement
Year 1 Year 2 Year 3 Year 4
MSW 18,782 18,252 17,722 17,190
Recycle 6,683 6,683 6,683 6,683
Organics 9,659 10,189 10,719 11,250
Total Collection 35,123 35,123 35,123 35,123
Diversion % 46.5% 48.0% 49.5% 51.1%
5265
5266 Prior to the commencement date and throughout the term of the Agreement, Recology, via the Public 5267 Education and Outreach Plan (PEOP), will meet with the Regional Agency Manager and/or their designee 5268 to discuss Recology’s performance and identify new methods and best practices to meet the 45% 5269 diversion rate in the Franchise Agreement.
5270
5271 F6.B. Staffing and Training to Maximize Diversion
5272
5273 Recology will maintain one full-time equivalent (FTE) Waste Zero Manager and one FTE Waste Zero 5274 Specialist throughout the Agreement term. These positions will be 100% dedicated (40 hours week) to 5275 the RA Member service areas. The key role of these staff is to increase diversion, with a special focus on 5276 commercial diversion through effective technical assistance and outreach programs. The goal of the 5277 commercial outreach program is to achieve 50% diversion at these accounts. Per the Franchise 5278 Agreement, the technical outreach staff are to use Attachment B8-A from the Franchise Agreement and 5279 submit these completed forms to the Regional Agency on a quarterly basis. 5280
5281 In addition, Recology will maintain two additional FTE Waste Zero Specialists during the first year of the 5282 Agreement, to assist with outreach, education, waste assessments, and the transition into the new 5283 services. These positions will be temporary and will terminate after the first year of the Agreement. 5284 The key role of these staff is to increase commercial diversion through effective technical assistance. For 171
5285 each account, per the Franchise Agreement, staff will use Attachment B8-A and submit these completed 5286 forms to the Regional Agency.
5287
5288 SBC Regional Agency IWM staff and/or their consultant retains the right to participate in the 5289 selection/hiring of the Recycling staff, including Waste Zero Manager and the 3 Outreach Coordinator 5290 staff.
5291
5292 Waste Zero staff will be thoroughly trained by experienced Recology personnel to effectively conduct 5293 waste assessments & trainings, manage necessary databases, understand the requirements of AB 341 & 5294 AB 1826, provide educational outreach, document activities, and respond to possible barriers to 5295 recycling and organics participation. Prior to the start of the agreement, Waste Zero staff will receive 5296 training in best practices from Recology personnel in San Francisco, San Mateo and other Recology 5297 operating companies to employ best practices in San Benito County. Recology will discuss the best 5298 practices to be used with Regional Manager and/or their designee. In addition, Recology will use the 5299 public education material produced in San Francisco, San Mateo, and other Recology operating 5300 companies as examples to help develop outreach and education material specific to San Benito County. 5301
5302 Staff will use Attachment B8-A and submit these completed forms to the Regional Agency quarterly. 5303 Regional Agency staff has the option to attend customer trainings and the on-site technical assistance 5304 meetings, with permission from the customer receiving the training or assistance. Staff will be trained 5305 to understand that the franchise goal is to achieve 50% diversion at commercial accounts. Staff will be 5306 trained to record outreach activities in Recology’s customer database and to follow up with accounts 5307 after new services have been initiated. Staff to be thoroughly trained in methods to identify and meet 5308 with the decision maker at the business or MFD (the person authorized to make service/cost changes). 5309
5310 Outreach staff will be thoroughly trained to have the ability to convince or ‘sell’ recycling and organics 5311 programs. This will include tools to respond to MFDs or businesses who initially refuse starting or 5312 expanding recycling or organics service. Outreach staff will be trained to identify and respond to 5313 barriers to participation in diversion programs for MFD & Commercial customers, helping customer 5314 identify possible solutions. Outreach staff will develop "road maps" toward solutions, so staff is 5315 prepared to deal with common challenges and accounts that are resistant to starting or increasing 5316 recycling or organics collection services.
5317
5318 For job descriptions for the Waste Zero Manager and Waste Zero Specialist, please see Attachment F6-1. 5319
5320 F6.C. Office Location
5321
5322 Recology will maintain a temporary Waste Zero office in the City of Hollister for the first year of the 5323 Agreement. This office will serve as the workspace for the Waste Zero staff during the first year of the 5324 Agreement.
5325
5326 F6.C. Initial Waste Assessment and Recycling Toolkit to Increase Recycling 5327
5328 Prior to start of the new Agreement term, Recology will develop a database to evaluate its current MFD 5329 and Commercial customer data to identify the accounts with the greatest opportunity to increase 5330 recycling and organics service, based on current subscription levels. Using this data, Recology will 5331 develop a technical assistance plan to help customers gain compliance with Assembly Bill (AB) 341 and 5332 AB 1826. Over the course of the first year of the Agreement, the team will conduct an on-site initial 172
5333 waste assessment for all MFD and Commercial accounts. Staff will use Recyclist or other device/tablet 5334 to maximize efficiency in the field and use Attachment B8-A Recycling Assessment Report. 5335 Outreach staff to route their daily outreach plan to businesses in advance and aspire to work in a grid 5336 geographic area to save drive time. At each audit, outreach staff will:
5337  Provide information on new/expanded recycling and organics service options for the 5338 decision maker at the business or MFD to review
5339  Take photos of recyclables in garbage bins
5340  Provide information on the requirements of AB 341 & AB 1826 for the decision maker at the 5341 business or MFD to review
5342  Complete a walkthrough of the facility with the decision maker to identify areas for 5343 internal/external recycling or organics bin placement, and areas to display posters/stickers 5344  Identify best practices for staff to streamline participation in recycling program, and how to 5345 reduce contamination
5346  Offer decision maker a complementary staff and janitorial diversion training 5347  Discuss current service levels with the decision maker and recommend new recycling and 5348 organics service levels to help reduce garbage subscription 5349  Provide a follow-up report/email summarizing the audit and action items to the decision maker 5350  Coordinate with Recology Customer Service & Operations Dept. to implement changes, 5351 working to ensure new recycling and organics containers are delivered in timely manner and 5352 garbage bins area are right sized.
5353  Ensure there is a system to promptly coordinate service adjustments with operations, such 5354 as delivering new recycling and organics containers in a timely manner, and right sizing 5355 garbage bins. Staff will ensure the changes/recommendations are implemented and a 5356 system in place to follow up with the customer.
5357 Recology will strategically prioritize the high-volume generators first, in order to capture the largest 5358 volume of divertible material. Using this data from the customer database, the Waste Zero team will:
5359  First reach out to accounts that generate eight yards of MSW or more per week to maximize 5360 their recycling levels. Accounts producing large amounts of MSW typically have greater 5361 recycling opportunities that have not yet been realized and will be encouraged to adjust their 5362 service levels to capture more recycling. Staff will right size the containers and strive to achieve 5363 50% diversion goal. Staff will follow up with the accounts after the services have been delivered. 5364  Next focus on customers who produce four to seven yards of MSW per week will receive 5365 outreach from the Waste Zero Team to encourage greater recycling adoption. 5366  Subsequently address customers with a 50% diversion level or less (based on all material 5367 streams, including organics).
5368  Finally ensure that all multi-family and commercial customers have received their annual waste 5369 assessment and technical assistance meeting for the year. 5370
5371 During these initial waste assessments, Recology staff will help customers with the following common 5372 barriers, as applicable to each customer:
5373
5374  Addressing space constraints: Recology’s Waste Zero Specialist can assist customers facing 5375 space constraints, helping to fit three containers in a limited area. An example would be 5376 suggesting smaller containers and increasing service frequency or placing containers in a parking 5377 space. Furthermore, Recology can make recommendations for additional equipment, if 5378 necessary, such as compactors.
173
5379  Addressing tenant turnover: The best method to address high tenant turnover in a multi-family 5380 property is to offer frequent, consistent messaging. Since each multi-family property will have a 5381 visit from a Waste Zero Specialist annually, Recology can ensure adequate sorting posters are 5382 displayed and provide more posters or container labels as necessary. 5383
5384  Connecting with janitorial staff: Recology’s Waste Zero Specialist will work to establish a 5385 relationship with business owners and staff. Every commercial customer will receive an on-site 5386 visit annually, and Recology’s Waste Zero Specialist will encourage and provide complementary 5387 staff and janitorial training to each business and MFD. By working to build a rapport with staff 5388 and convey the importance of diversion, Recology will aim to close any disconnect. 5389
5390 In addition, Recology uses illustrative sorting posters and education materials that use pictures 5391 and images to convey the material suitable for each container. Using images and Spanish 5392 translation, this will help reduce any possible language barriers among staff. 5393
5394 For the initial waste assessments, as well as the ongoing annual waste assessments described below, 5395 Recology staff will also use Attachment B8-A: Commercial Recycling and MFD Technical Assistance 5396 /Recycling Assessment Report. Staff will submit these completed forms to the Regional Agency on a 5397 quarterly basis.
5398
5399 F6.D. Ongoing Annual Waste Assessments
5400
5401 Each year throughout the Agreement term, the Waste Zero team will work to meet a 50% diversion at 5402 commercial accounts and conduct a minimum of one on-site waste assessment per MFD and 5403 commercial account using the Attachment B8-A and submit these completed forms to the Regional 5404 Agency quarterly. This will help Recology better understand the changing needs of each customer, while 5405 monitoring progress over the course of the Agreement. 5406
5407 Using Recyclist or other tablet/device on site, waste assessments will include a visual evaluation and 5408 written report (the report format/template to be approved by Regional Agency Manager and or their 5409 designee) with recommendations for increasing diversion. The process analyzes a customer’s material 5410 stream, with a focus on the diversion options available to customers by business type. 5411
5412 The annual assessments per the Attachment B8-A include identifying the decision maker and making an 5413 appointment to:
5414  Find methods to increase recycling and organics at each site visit to meet the 50% diversion goal. 5415  Assess current Services: Container commodity & size, quantity, and location are documented. 5416  Documentation: Photos of contamination, overflowing containers, and the presence of 5417 divertible material in the solid waste stream to help educate customers 5418  Complete a walkthrough with the decision maker and provide recommendations that may 5419 include:
5420 o INCREASE RECYCLING AND ORGANICS COLLECTION AND Right sizing services levels 5421 o Equipment recommendations (this could include compactors for buildings with space 5422 constraints, or assistance fitting bins in tight spaces) 5423 o Providing posters, stickers flyers, brochures, and internal containers at each site 5424 o Providing further on-site training for employees and janitorial staff 174
5425 For the documentation component, Recology will use its mobile app-building software platform to 5426 facilitate quality control (auditing) and waste stream analysis (characterization) activities at the 5427 customer site and at transfer stations and processing facilities. 5428
5429 The platform allows Recology to create customized mobile forms to gather data on customer program 5430 participation and overall load quality and use the tool to set minimum diversion targets. This includes 5431 capturing photos and data related to presence of contamination and load characterization. These forms 5432 are currently in use at the customer site (curbside bin assessments) and at Recology facilities and are 5433 developed by Recology’s Business Systems Services team. This team also conducts thorough trainings 5434 with mobile tool users to ensure consistent methodology and quality standards. 5435
5436 Results are then incorporated into a PDF report that can be shared with both Recology and Regional 5437 Agency members. Additionally, these reports are designed to be shared with customers and used as 5438 educational tools to help communicate and improve program participation, thereby helping reduce 5439 recycling and organics contamination and improve landfill diversion. Recology is also developing an 5440 integrated metrics dashboard where historic data can be accessed to view trending patterns of 5441 customer behavior and load data.
5442
5443 For a sample of the reports, please see Attachment F6-2: Sample Contamination Assessment and 5444 Diversion Audit Form (this form’s name should be changed to “Increasing Recycling/Organics 5445 Recommendations” or some other name that encourages recycling/organics/diversion. 5446
5447 Outreach staff to have tablet/device that provides services levels and costs that can be readily shared 5448 with the MFD /Business when out in the field. Staff to complete digital audit reports, have ability to 5449 bring up customer service levels and download in advance of going out into field. Provide and access 5450 information about cost savings and recycling benefits during the audit. 5451
5452 Daily, outreach staff to ensure they have all outreach materials, posters, memos to train staff, internal 5453 containers in their car to be handed out at MFD/businesses. Staff to bring to each audit:
5454  Internal recycling bins
5455  Recycling flyers
5456  Recycling stickers
5457  External recycling signage
5458
5459 F6. E. Commercial and MFD Education Material
5460
5461 Below is an overview of the types of materials Recology will offer to Commercial and MFD customers 5462 over the Agreement term. Exact content will be mutually agreed upon between Recology and the RA 5463 members. All printed materials will also be accessible on Recology’s website. 5464
5465 Recology will use the public education material produced in San Francisco, San Mateo, and other 5466 Recology operating companies as examples to help develop outreach and education material specific to 5467 San Benito County.
5468
5469 New Programs Mailing and Recycling Guide
5470 Prior to the start of service, each customer will receive a New Programs Mailing and Recycling Guide 5471 describing and illustrating methods to prepare recyclable, organic, and solid waste materials for 175
5472 collection. The brochure will illustrate the acceptable materials for each container and will also detail 5473 the proper set out procedures for the collection containers. 5474
5475 Recology recommends combining the New Program Mailing and Recycling Guide into one mailing that 5476 serves as a comprehensive guide for customers.
5477
5478 Recology will prepare tailored content for single-family, multi-family, and commercial subscribers. For 5479 multi-family and commercial subscribers, the mailing will emphasize compliance with State-mandated 5480 recycling and composting requirements.
5481
5482 Content of the Mailing and Recycling Guide can include:
5483 o A complete list of programs and services provided to customers, including effective dates 5484 o A list of recyclable materials that are accepted in the single-stream recycling program 5485 o A list of organic materials that are accepted in the organics program 5486 o A list of items that need to be landfilled at this time 5487 o Graphics and an explanation of proper set-out procedures 5488 o Recycling and/or disposal options for Household Hazardous Waste (HHW) 5489 o Used motor oil and oil filter collection program (single-family customers only) 5490 o Telephone numbers and website information for Recology 5491 o Other relevant resources
5492
5493 Advertisements, Press Releases, and Public Service Announcements 5494 Recology will prepare and distribute the following announcements approximately one month prior to 5495 the start of the new Agreement:
5496 o A public service announcement (PSA) for local radio and cable television broadcasts 5497 o Newspaper and online advertisements highlighting upcoming programs and services 5498 o A press release describing the programs offered by customer sector (single-family, multi-family, 5499 and commercial)
5500 o Social media as described below describing new programs 5501
5502 Bill Inserts
5503 Throughout the Agreement term, Recology can provide various bill inserts tailored to each customer 5504 sector on an array of topics, such as rate changes; tips on how to Reduce, Reuse, Recycle, Rot, and 5505 Recover; and how to properly dispose of Hazardous Waste. 5506
5507 Each Regional Agency may request Recology to distribute the inserts bi-monthly in each customer bill. 5508
5509 Biennial Newsletter
5510 Recology will create, design, and distribute bi-annual newsletters to educate customers on vital 5511 information in the waste and recycling industry. The newsletters will be mailed with customer bills or 5512 downloaded electronically.
5513
5514 Newsletters serve as an important tool to remind residents about the available services and programs; 5515 in addition, newsletters are an opportunity to promote recycling events and educate customers on 5516 additional resources for recycling and waste reduction. 5517
5518
176
5519 Multi-Family and Commercial Sorting Posters
5520 Throughout the Agreement term, Recology will design and distribute posters to multi-family and 5521 commercial property managers for on-site use, illustrating the recyclable materials collection program 5522 and the commercial food scrap collection program. These posters are designed to educate program 5523 participants on proper sorting. The commercial posters will offer information in English and Spanish. 5524
5525 Commercial “How To” Flyers for Recycling and Composting 5526 Recology will prepare and distribute “How To” Guides on recycling and composting for commercial 5527 customers.
5528
5529 The Recycling “How To” Guide will be mailed directly to commercial customers prior to the start of 5530 services; both the Recycling and Composting “How To” Guides will be posted on the website and will be 5531 provided during Recycling Assessments.
5532
5533 The flyers will be graphics-based and will focus on compliance with the diversion requirements of AB 5534 341 and AB 1826. Content will include:
5535 o List of recyclables or organics (as applicable) accepted in the collection programs 5536 o List of materials that are not accepted in the collection programs 5537 o Illustrations and an explanation of proper set-out procedures 5538 o Tips on how to mitigate odors and vectors (composting guide only) 5539
5540 Commercial and Multi-Family Mandatory Recycling and Composting Notices 5541 Recology can prepare and distribute notices to multi-family complexes and commercial businesses that 5542 are not compliant with mandatory diversion requirements of AB 341 and AB 1826. Using service 5543 subscription level information, driver compliance notes, and waste audit information, Recology can 5544 identify non-compliant customers and provide outreach. 5545
5546 The notices explain why the customer is not compliant, outline the potential consequences for 5547 non‐compliance, and outline the steps customers can take to become compliant. Recology can track 5548 customers that have received these notices in the RCRM system, and Specialists can follow-up with 5549 customers to help them take proper action.
5550
5551 Multi-Family Move-in Kits
5552 Recology can work with the property manager to provide the guides to inform new residents of services, 5553 program options, and acceptable and unacceptable materials in each stream. The guide can also be 5554 available for download on Recology’s website, and includes:
5555 o List of acceptable and unacceptable materials in the recycling and organics programs 5556 o Options for hard-to-recycle items
5557 o Household Hazardous Waste recycling and/or disposal options 5558 o Contact Information
5559
5560
5561
5562
177
5563 Outreach in the Schools
5564 Recology will conduct student-focused outreach activities at schools located within the service area. 5565 Recology’s Waste Zero Specialist will work closely with public and private schools to educate students on 5566 source reduction, reuse of materials, and participation in recycling programs. Specific programs can 5567 include:
5568 o School assemblies: Recology will continue to offer environmentally-focused assemblies to local 5569 schools, with performances by the Banana Slug String Band (pictured). 5570 o Classroom projects: Also tailored to grade level, these hands-on projects teach students about 5571 renewable versus non-renewable resources and encourage creative uses of everyday items to 5572 increase sustainability.
5573 o Educator resources: Recology’s Waste Zero Specialist will connect educators with curriculum 5574 and other resources to help continue sustainability and diversion lessons throughout the school 5575 year.
5576
5577 Social Media
5578 Recology will use social media outlets such as Facebook to help educate customers on diversion, new 5579 and existing programs, and service announcements. In addition, Recology will use its social media 5580 presence to connect directly with customers and community organizations. 5581
5582 Recology’s Waste Zero team will meet bi-weekly to create a social media calendar for the upcoming two 5583 weeks. The posts will cover a variety of events and topics, such as:
5584 o What goes where & sorting education
5585 o Service offerings & special item collection programs 5586 o Service updates and holiday hours
5587 o Community events
5588 o General resource conservation, recycling, diversion ideas and industry facts 5589
5590 The Waste Zero team will create San Benito-specific social media profiles on both Twitter and Facebook 5591 for the new Agreement term. Recology is also happy to create an Instagram account should the RA 5592 Members be interested.
5593
5594 Recology can ensure that similar content is shared across the chosen platforms (i.e. Facebook, Twitter, 5595 Instagram), within the parameters of those platforms (i.e. Twitter’s 140-character limit). 5596
5597 Periodically, Recology utilizes social media advertising to boost account/content visibility, targeted to 5598 social accounts within ~25 miles of the service area. When the new San Benito County-specific social 5599 media accounts are created, Recology will deploy a social advertising campaign to build initial followers. 5600 Combined with a robust content calendar, Recology will continue to grow followers organically by 5601 posting interesting and relevant content.
5602
5603 F6. F. Tracking and Reporting
5604 The Waste Zero staff will meet quarterly with the Recycling Manager to discuss the results of the prior 5605 quarter and detail:
5606  Per the Franchise Agreement use Attachment B8-A and submit these completed forms to the 5607 Regional Agency quarterly.
5608  Quantify of commercial recycling started /increased/decreased 5609  Quantity of commercial organics started/increased/decreased 178
5610  Average # of on -site technical assistance calls/visits made daily 5611  Outreach and education challenges
5612
5613 Staff will document their activities in the Recology Customer Relationship Management (RCRM) System, 5614 helping to keep an accounting of outreach and diversion activities in the RA Member service areas. Staff 5615 will implement a follow-up plan with customers, which will entail contacting customers after their 5616 service level adjustment(s) to help ensure the customer is utilizing their diversion services effectively 5617 and address any subsequent questions/concerns regarding diversion programs. 5618
5619 Recology can track commercial and multi-family outreach activities through the Recology Customer 5620 Relationship Management (RCRM) system. The Waste Zero team will assign “reason codes” to specific 5621 outreach activities/tasks.
5622
5623 Anytime the Waste Zero Specialist conducts outreach at a specific multi-family or commercial customer, 5624 the Specialist will record the event using the appropriate reason code in the RCRM system. Reason 5625 codes can be designed for such events as a waste assessment, staff training, educational material 5626 distribution, or presentation.
5627
5628 F6. G. Commercial Recycling and Organics Diversion Goals 5629 Recology’s Waste Zero team will work towards achieving 50% diversion at each MFD and businesses, as 5630 defined by subscription level, by Year 4 of the Agreement. 5631 A successful commercial technical assistance visit will vary depending on the needs of the customer. 5632 Some customers may be eager participants in their diversion programs and may only need new signage 5633 or outreach material in order to aid in their progress. 5634
5635 Other customers may be resistant to their programs, or simply not understand why sorting their 5636 material is so important. For these customers, a successful commercial technical assistance visit would 5637 consist of:
5638  The Waste Zero Specialist (Specialist) scheduling/conducting a waste assessment with the 5639 decision maker in order to evaluate the diversion opportunities and identify contamination 5640 issues at the site.
5641  The Specialist would then have face-to-face contact with the decision maker, for example the 5642 business owner, manager, or head of the janitorial staff, so could the Specialist can 5643 communicate the benefits of a diversion program directly with the decision-maker for the 5644 business.
5645  Using information gained from the waste assessment, the Specialist would make 5646 recommendations for service level changes to help maximize diversion and minimize 5647 contamination, which may even help save the customer money, thus providing an additional 5648 incentive to participate in the diversion programs. 5649  The Specialist would also make recommendations on container placement, to help facilitate 5650 proper sorting. The Specialist would provide signage and if necessary, internal recycling 5651 containers. The Specialist would also offer to strategically hang posters above carts or 5652 containers to ensure they are visible to those utilizing the containers. 5653  The Specialist would also offer on-site presentations and/or trainings for staff/janitorial, and 5654 schedule those trainings with the decision maker, gaining an immediate commitment to future 5655 engagement with the business.
5656
179
5657 ATTACHMENT G
5658 PERFORMANCE STANDARDS AND LIQUIDATED DAMAGES
5659
180
5660 RA Members wish to establish standards of performance under the Agreement in each of the four (4) 5661 “Performance Areas” listed below. The Regional Agency Contract Manager may monitor Contractor’s 5662 performance in each of those areas based on the “Performance Indicator” listed below for each area. In 5663 the event that Contractor fails to meet the performance standard established for any “Performance 5664 Indicator”, Regional Agency Contract Manager may review Contractor’s performance relative to the 5665 “Specific Performance Measures” within that performance area. In the event that the Regional Agency 5666 Contract Manager determines that Contractor has failed to meet the performance standard established 5667 for any “Specific Performance Measure”, the RA Members may assess Liquidated Damages pursuant to 5668 Section 11.5 of the Agreement. Liquidated Damages, if assessed, shall only be assessed for the number 5669 of events, days, or other measure in excess of the acceptable performance level. 5670 Defined Terms
5671 Certain terms that are specific to this Exhibit are definedbelow:
5672 “Complaint” shall mean each written or orally communicated statement made by any Person, whether 5673 to RA Member or Contractor, alleging: (1) non‐performance, or deficiencies in Contractor’s 5674 performance, of its duties under this Agreement; or, (2) a violation by Contractor of thisAgreement. 5675 “Event” shall mean each occurrence of the required Specific Performance Measure that exceeds the 5676 Acceptable Performance Standard, as provided in the chart below. 5677 “Service Opportunity” shall mean each individual scheduled opportunity the Contractor has to Collect 5678 from a Container at a Customer’s location. For example, a Multi‐Family or Commercial Customer 5679 receiving Solid Waste Collection service three (3) times per week from two (2) Containers and Recyclable 5680 Materials Collection service two (2) times per week from two (2) Containers would have a total of ten 5681 (10) Service Opportunities each week. Service Opportunities shall be calculated based on the 5682 subscription levels presented in Contractor’s most recent Quarterly Report to the Regional Agency and RA 5683 Member.
5684 “Total Service Opportunities” shall mean the sum of all Service Opportunities in each time. 5685
5686
5687
5688
5689
5690
5691
5692
5693
5694
5695
5696
5697
5698
181
5699
5700 Performance Area: Service Quality and Reliability
Specific Performance
Measure Definition
Acceptable
Performance Level Tracking Method
Liquidated
Damage
Amount
Missed Collections Each Service Opportunity where
Contractor fails to Collect a Container
from a Customer who properly placed
said Container for Collection.

Less than ten
(10) per one
thousand
(1,000) Service
Opportunities
Contractor shall
document from its
customer service
system listing the
total complaints
coded as missed
pick-up for each RA
Member. Submit
electronic report
annually.
$50/Event
Failure to Correct
Missed Collections
Each “Missed Collection” as defined
above which is not Collected by the end
of the Business Day following the
receipt of the Customer complaint
about the Missed Collection.

Less than one
(1) per one
hundred (100)
Missed
Collections
Contractor shall
document missed
pick-up complaint
reports listing for
each RA Member
each complaint, the
date of the
complaint, the
resolution date; and
any other
information
requested by the RA
Members. Submit
electronic report
annually.
$50/Event
Failure to Clean‐Up
Spillage
Each failure by Contractor to clean up:
(1) any items or materials spilled during
the Collection of a Container; or, (2) any
fluids spilled or leaked from a Container
or Collection vehicle prior to leaving the
Collection location.

Less than five
(5) per one
thousand
(1,000) Service
Opportunities
See above $100/Event
Damage to Property Each event of damage to either public or private property because of
Collection activity, including without
limitation curbs, sidewalks, landscapes,
Container enclosures and gates, signs,
light fixtures, and overhead wires and
cables.

Less than two
(2) per one
thousand
(1,000) Service
Opportunities
See above $250/Event
Excessive Noise or
Discourteous
Behavior
Each Complaint received that is related
to either noise during Collection activity
or the behavior of Contractor’s
employees.

Less than five
(5) per one
thousand
(1,000) Service
Opportunities
See above $250/Event
182
5701
5702 Performance Area: Customer Service and Public Education and Outreach Specific Performance
Measure Definition
Acceptable
Performance Level Tracking Method
Liquidated
Damage
Amount
Failure to Commence
Service
Any failure by Contractor to deliver a
Container and begin providing
Collection to a Customer, at the level of
service requested by said Customer,
within seven (7) calendar days of
receiving such request. This may
include a new Customer receiving new
service or an existing Customer
requesting a change in or addition to
existing service levels. This may also
include delivering Used Oil Recovery
Kits to Customers upon request.

Less than one
(1) per 100
Service Requests
Contractor shall
document on a
quarterly basis
from its customer
service system
listing the total
number of
complaints coded
for each category.

Submit electronic
report annually.
$50/Event
Failure to Replace
Container
Any failure by Contractor to replace a
damaged or defaced Container within
seven (7) calendar days of receiving
such a request from a Customer.

No acceptable
failure level
See above $50/Event
Failure to Resolve
Complaint
Any failure by Contractor to resolve or
remedy a Complaint within seven (7)
calendar days of receiving such
Complaint.

Less than one
(1) per 100
Complaints
See above $100/Event
Failure to Answer
Phones
Any failure by Contractor to answer a
telephone call from a Customer during
normal business hours. A call is not
considered to be answered if the
Customer does not speak with a live
operator. A call is considered to be
answered if the Customer hangs‐up or
abandons the call following a hold time
of less than three (3) minutes.

Less than five (5)
per 1,000
Calls Received
Under this
Agreement
See above $50/Event
Excessive Call Center
Hold Time
Each occurrence of a call being placed
“on hold” for more than two (2)
minutes.

Less than two
(2) per 1,000
Calls Received
Under this
Agreement
See above $50/Event
Unauthorized Hours
of Operation
Each occurrence of Contractor
Collecting from Customers during
unauthorized hours.

Less than two
(2) per 1,000
Service
Opportunities
See above $50/Event
183
Inaccurate Billing Each Complaint received where the
Contractor billed a Customer in error.

Inaccurate billing may include either
over‐ or under‐charging of the
Customer relative to the approved
Rates for services.

Less than five
(5) per one
thousand
(1,000) bills
issued.

See above $100/Event
Failure to Perform
Technical Assistance:

Recycling
Assessments as
detailed in
Attachment B8-A
No failures or Complaints in this
category are acceptable; therefore, any
Complaint of this nature shall be
considered unacceptable.

Each individual
failure by
Contractor to
complete a
required annual
Recycling
Assessment for
each
Commercial and
MFD customer
per Attachment
B8 to this
Agreement.

Contractor shall
report all completed
Recycling
Assessments per its
Quarterly Report.
$250 per
activity
Failure to Perform
Public Education and
Outreach Tasks
No failures or Complaints in this
category are acceptable; therefore, any
Complaint of this nature shall be
considered unacceptable.

Each individual
failure by
Contractor to
develop,
produce, and
distribute public
education and
outreach
materials,
except the
Recycling
Assessments, in
the form and
manner required
under
Attachment B8
to this
Agreement.

Contractor shall
report all public
education and
outreach activities
completed each year
in the annual Public
Education Plan.
$250 per
activity
5703
5704
5705
5706
5707
5708
5709
5710
5711
5712
5713
184
5714 Performance Area: Facilities
5715 Performance Indicator: Contractor’s performance relative to facilities shall be considered acceptable 5716 when one hundred percent (100%) of all material types Collected by Contractor shall be delivered to the 5717 appropriate Approved Facility as required under Article 5 of this Agreement. If Contractor fails to meet 5718 this level of performance, RA Members may assess liquidated damages for the specific performance 5719 measures identified in the following table.

Specific Performance
Measure Definition
Acceptable
Performance Level Tracking Method
Liquidated
Damage
Amount
Delivery to Non‐
Approved Facility
Each individual occurrence of delivering
materials to a facility other than the
Approved Facility designated for each
material type under Section 4 of this
Agreement.

No acceptable
failure level
Tonnage reports $100/Ton
Disposal of Targeted
Diversion
Each individual occurrence of delivering
Recyclable Materials, Organic Materials,
or Reusable Materials set out for
Collection by the Customer for Disposal
rather than Processing.

No acceptable
failure level
Tonnage reports $500/Ton
Mixing Materials
During Collection
Each individual Container that is
Collected by Contractor in a vehicle
intended or designated for Collecting a
different material type (e.g. Recyclable
Materials Collected in Solid Waste
vehicle, Solid Waste Collected in
Organic Materials vehicle, etc.)
No acceptable
failure level
Tonnage reports,
observation,
complaints
$100/Container
185
5720 Performance Area: Reporting
5721 Performance Indicator: Contractor’s reporting shall be considered acceptable if Reports required under 5722 Exhibit D and record requests allowed under Article 7 to this Agreement are received, complete, and 5723 accurate within seven (7) calendar days after the date due or requested. If Contractor fails to meet this 5724 level of performance, RA Members may assess liquidated damages for the specific performance 5725 measures identified in the following table.

Specific Performance
Measure Definition
Acceptable
Performance
Level
Liquidated
Damage Amount
Late Report Each occurrence of a Report, as required
under Attachment D to this Agreement, being
submitted after the due date. Reports shall be
considered late until they are submitted in a
complete and accurate format.

Less than seven
(7) calendar
days after
reporting due
date
$250/Day
Misleading/
Inaccurate Reporting
Each occurrence of Contractor providing
misleading or otherwise inaccurate
information or reporting to RA Members
under or regarding this Agreement.

Typographical, cell reference, mathematical,
and/or logic errors shall not be considered
legitimate excuses from this requirement, nor
shall ignorance.

No acceptable
failure level
$500/Event
5726
5727 By placing Designee’s initials at the places provided, each Party specifically confirms the accuracy of the 5728 statements made above and the fact that each Party has had ample opportunity to consult with legal 5729 counsel and obtain an explanation of Liquidated Damage provisions of the time that the Agreement was 5730 made.
5731
5732 Recology San Benito County Regional Agency Contract Manager (for RA Members) 5733
5734 Initial Here: _ Initial Here:
5735
186
5736 ATTACHMENT H
5737 PERFORMANCE INCENTIVES AND DISINCENTIVES
5738
187
5739 1. General
5740 The RA Members will provide an incentive payment to Contractor for exceptional performance on an 5741 overall Diversion related performance measure. The performance measure is:
5742  Overall Annual Diversion Level, as determined in the chart below 5743 In addition, the Agency will assess a disincentive payment to the Contractor for substandard 5744 performance on overall Diversion related performance measure as follows:
5745  Overall Annual Diversion Level, as determined in the chart below 5746 The performance incentives/disincentives are designed to encourage Contractor’s performance in 5747 increasing diversion for the RA Members and Regional Agency. These performance 5748 incentives/disincentives include an incentive payment to Contractor for exceeding goals and a 5749 disincentive payment assessed to Contractor for failure to achieve the performance standards. The 5750 table below provides a summary of the incentive/disincentive structure, which is described in detail in 5751 Section 2 of this Attachment. Section 2 describes how to determine the Calculated Overall Diversion 5752 Level and the targeted Overall Diversion Level. Section 3 of this Attachment describes the frequency 5753 and method for distributing incentive payments and assessing disincentive payments. 5754 Summary of Incentives/Disincentives
Annual Diversion Level
Disincentive Payment
Threshold
Incentive Payment
Threshold
Performance
Incentive/Disincentive
Payment Amount
Overall Annual Diversion
Level
For Time Period Year 1
through Year 4
Calculated Overall Diversion
Level <45% (or a higher
minimum threshold as
determined after partial fiscal
year FY1819)
Calculated Overall
Diversion Level >
the targeted Overall
Diversion Level
Incentive Payment =
$75.00 per ton
Disincentive Payment =
$75.00 per ton
Overall Annual Diversion
Level
For Time After Year 4 and
through Year 10 (and any
extensions)
Calculated Overall Diversion
Level <45% (or a higher
minimum threshold as
determined after Rate Year 4)
Calculated Overall
Diversion Level >
the targeted Overall
Diversion Level
Incentive Payment =
$75.00 per ton
Disincentive Payment =
$75.00 per ton
5755
5756
5757
188
5758 2. Diversion Levels
5759 Definition of Calculated Diversion Level
5760 The Diversion Levels achieved shall be calculated based on the methodology shown in the following 5761 example:
5762 Assumptions (will be based on actual Contractor performance):
5763 Example for hypothetical year 5
5764 Annual Recyclable Materials Collected = 7,600 tons 5765 Recyclable Materials Contamination Level = 8%*
5766 Annual Organic Materials Collected = 8,600 tons
5767 Organic Materials Contamination Level = 5%*
5768 Annual Solid Waste Collected = 18,600 tons
5769 Calculated Overall Annual Diversion Level
5770 7,600 tons + 8,600 tons = 16,200 tons
5771 8% (residue level) x 7,600 tons = 608 tons
5772 5% (residue level) x 8,600 tons = 430 tons
5773 16,200 – (608 + 430) = 15,162 tons (net annual tons diverted) 5774 15,162 + 18,600 = 33,762 tons (total tons generated) 5775 (15,162/33,762) x 100 = 45% (Overall annual diversion level) 5776 To calculate the Diversion Levels, the most-recently reported quarterly Residue levels shall be used. The 5777 annual average of the four quarters shall be used for the purposes of calculating the annual Diversion 5778 levels per this Attachment.
5779 Exceptional Diversion Level Performance
5780 Contractor shall receive an incentive payment if the annual Calculated Overall Diversion Level exceeds 5781 the targeted Overall Diversion Level. The targeted Overall Diversion Level shall be set for Rate Year 2 5782 after completion of partial fiscal year 2018/19 (November 1, 2018 - June 30, 2019) and then adjusted 5783 again after Rate Year 5 (five) and adjusted each Rate Year thereafter if the Contractor exceeds the 5784 targeted Overall Diversion Level. In such cases, the adjusted targeted Overall Diversion Level shall be 5785 calculated based on the methodology used in the following example:
5786
5787
189
5788 Assumptions (will be based on actual Contractor performance):
5789 Current Year Overall Diversion Level = 47%
5790 Prior Year (Rate Year 4) Overall Diversion Level = 45% 5791 Incentive payment
5792 Overall Annual Diversion Level = 47%
5793 Targeted Annual Overall Diversion Level = 45%
5794 Total Annual Solid Waste Collected = 18,000 tons
5795 Total Annual Recyclable and Organic Materials Collected = 15,500 tons 5796 Incentive Payment = $75.00
5797 47/100 = 0.47
5798 45/100 = 0.45
5799 18,000 + 15,500 = 33,500 (total tons generated)
5800 0.47 – 0.45 = 0.02 (% increase in annual diversion level) 5801 0.02 x 33,500 tons = 670 tons (net increase in tons diverted) 5802 $75.00 x 670 tons = $50,250 (incentive payment)
5803 Substandard Diversion Level Performance
5804 If the annual Calculated Overall Diversion Level is less than 45% {to be determined after Rate Year 5805 4(four)}, then a disincentive payment shall be calculated and paid by the Contractor. 5806 3. Incentive/Disincentive Payment Procedures
5807 A. Record Keeping. In accordance with Article 7, records shall be maintained by Contractor for the 5808 Regional Agency and RA Members in a manner that adequately demonstrates and documents 5809 Contractor’s performance in accordance with this Agreement. They shall be sufficient for the 5810 determination that Contractor has (or has not) performed in accordance with the performance 5811 standards presented in the Attachment H.
5812 B. Determination of Achievement of Performance Standards. On an annual basis, Agency shall 5813 review the annual report submitted by the Contractor pursuant to the requirements of Article 7 5814 and determine if the Contractor has achieved the Overall Diversion Level that warrants RA 5815 Member distribution of incentive payments. No later than twenty (20) Business Days after 5816 receipt of the Contractor’s annual report, the RA Member shall provide written notice to the 5817 Contractor of its determination of incentive payments, if any due, and shall include a description 5818 of its method of determination and any calculations of incentive payments. The 5819 incentive/disincentive payments that will be calculated annually include: Overall Diversion Level. 5820 C. Amount. The incentive/disincentive net payment amounts shall be determined in accordance 5821 with the formulas presented in Section 2 of this Attachment H. 190
5822 D. Timing of Payment. If an incentive/disincentive payment is due, RA Member or Contractor shall 5823 provide payment in the form of a check or wire transfer no later than twenty (20) calendar days 5824 after the issuance of the RA Member’s written notice of incentive net payment determination. 5825 Alternatively, the RA Member may reimburse Contractor for some or all of the incentive 5826 payments or account for disincentive payments as an adjustment to Contractor’s Compensation 5827 for the coming Rate Year. This adjustment may be a net positive or negative (dollar amount) 5828 depending upon the calculations described above.
5829 E. Disputes by Contractor. Contractor may, within ten (10) calendar days after receiving the RA 5830 Member’s written notice regarding its determination of incentive/disincentive payments, 5831 provide written notice to the RA Member of any disagreement with the RA Member’s 5832 determination. Contractor may present evidence in writing to support its position. The RA 5833 Member shall review Contractor’s submission and within ten (10) calendar days shall make its 5834 final determination of incentive/disincentive payments. The decision of the RA Member shall be 5835 final.
5836
5837
191
5838 ATTACHMENT I
5839 PERFORMANCE BOND
5840
5841
192
5842 FORM OF PERFORMANCE BOND
5843
5844 Travelers Casualty and Surety Company of America
5845 One Tower Square 3PB, Hartford, CT 06183
5846
5847 Bond No. _____
5848
5849 KNOW ALL MEN BY THESE PRESENTS, that we, _Recology South Valley_, as Principal, and Travelers 5850 Casualty and Surety Company of America, licensed to do business in the State of California, as Surety, 5851 are held and firmly bound unto __________ (Obligee), in the penal sum of __________ and 00/100 5852 Dollars ($_____), lawful money of the United States of America, for the payment of which sum, well and 5853 truly to be made, the Principal and Surety do bind themselves, their heirs, executors, administrators, 5854 and successors and assigns, jointly and severally, firmly by these presents. 5855
5856 THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the above bounden Principal has entered into a certain written Contract with the above named Obligee, effective the 1st 5857 day of November 1, 2018, and terminating the 31st 5858 day of October, 2028, for Recyclables, Organics and Solid Waste 5859 Collection Services and more fully described in said Contract, a copy of which is attached, which 5860 Agreement is made a part hereof and incorporated herein by reference, except that nothing said therein 5861 shall alter, enlarge, expand or otherwise modify the term of the bond as set out below. 5862
5863 NOW, THEREFORE, if Principal, its executors, administrators, successors and assigns shall promptly and 5864 faithfully perform the Contract, according to the terms, stipulations or conditions thereof, then this 5865 obligation shall become null and void, otherwise to remain in full force and effect. This bond is executed 5866 by the Surety and accepted by the Obligee subject to the following express condition:
5867
5868 Notwithstanding the provisions of the Contract, the term of this bond shall apply from November 1, 5869 2018, until October 31, 2019, and may be extended by the Surety by Continuation Certificate. However, 5870 neither nonrenewal by the Surety, nor the failure or inability of the Principal to file a replacement bond 5871 in the event of nonrenewal, shall itself constitute a loss to the obligee recoverable under this bond or 5872 any renewal or continuation thereof. The liability of the Surety under this bond and all continuation 5873 certificates issued in connection therewith shall not be cumulative and shall in no event exceed the 5874 amount as set forth in this bond or in any additions, riders, or endorsements properly issued by the 5875 Surety as supplements thereto.
5876
5877 Sealed with our seals and dated this _____ day of _____, _____. 5878
5879 ______________________________ ______________________________ 5880 Witness , Principal
5881
5882 Travelers Casualty and Surety Company of America
5883 ______________________________ ______________________________ 193
5884 Witness , Attorney-in-Fact
5885
5886 Agreed and acknowledged this _____ day of _____, _____. 5887
5888 By:______________________________
5889 Obligee
5890
194
5891 ATTACHMENT J
5892 GUARANTY
5893
195
5894
5895 THIS GUARANTY (the "Guaranty") is given as of the 1st day of November 2018, by Recology South Valley 5896 dba Recology San Benito County ("Guarantor"), to and for the benefit of each of the following:
5897  the City of Hollister, a municipal corporation of the State of California 5898  the City of San Juan Bautista, a municipal corporation of the State, and 5899  the County of San Benito, a political subdivision of the State. 5900
5901 The Cities and County are referred to in this Guaranty as “RA Member”. This single document is made 5902 for the benefit of each RA Member.
5903 THIS GUARANTY is made with reference to the following facts and circumstances:
5904 A. Recology South Valley dba Recology San Benito County (“Contractor”) is a corporation 5905 organized under the laws of the State of California, all the issued and outstanding stock of which is 5906 owned by Guarantor.
5907 B. Guarantor is a corporation organized under the laws of the State of California. 5908 C. Contractor and each RA Member have negotiated an Agreement for Recyclables, 5909 Organics, and Solid Waste collection services (“Agreement”), under which Contractor is to provide 5910 specified services to each RA Member. A copy of this Agreement is attached hereto and incorporated 5911 herein by this reference.
5912 D. It is a requirement of the Agreement, and a condition to each RA Member's entering 5913 into the Agreement, that Guarantor guaranty Contractor's performance of the Agreement. 5914 E. Guarantor is providing this Guaranty to induce each RA Member to enter into the 5915 Agreement.
5916 NOW, THEREFORE, in consideration of the foregoing, Guarantor agrees as follows:
5917 1. Guaranty of the Agreement. Guarantor hereby irrevocably and unconditionally 5918 guarantees to each RA Member the complete and timely performance, satisfaction and observation by 5919 Contractor of each term and condition of the Agreement which Contractor is required to perform, 5920 satisfy or observe. In the event that Contractor fails to perform, satisfy or observe any of the terms or 5921 conditions of the Agreement, Guarantor will promptly and fully perform, satisfy or observe them in the 5922 place of the Contractor. Guarantor hereby guarantees prompt payment to each RA Member of each 5923 sum due from Contractor to each RA Member under the Agreement, as and when due from time to 5924 time, and the prompt performance of every other task and duty to be performed by the Contractor 5925 under the Agreement.
5926 2. Guarantor’s Obligations Are Absolute. The obligations of the Guarantor hereunder are 5927 direct, immediate, absolute, continuing, unconditional and unlimited and, with respect to any payment 5928 obligation of Contractor under the Agreement, shall constitute a guarantee of payment and not of 196
5929 collection, and are not conditional upon the genuineness, validity, regularity or enforceability of the 5930 Agreement.
5931 3. Waivers and Subordination. The Guarantor shall have no right to terminate this 5932 Guaranty or to be released, relieved, exonerated or discharged from its obligations under it for any 5933 reason whatsoever, including, without limitation: (1) the insolvency, bankruptcy, reorganization or 5934 cessation of existence of the Contractor; (2) any amendment, modification or waiver of any provision of 5935 the Agreement or the extension of its Term; (3) the actual or purported rejection of the Agreement by a 5936 trustee in bankruptcy, or any limitation on any claim in bankruptcy resulting from the actual or 5937 purported termination of the Agreement; (4) any waiver, extension, release or modification with respect 5938 to any of the obligations of the Agreement guaranteed hereunder or the impairment or suspension of 5939 any RA Member's rights or remedies against Contractor; or (5) any merger or consolidation of the 5940 Contractor with any other organization, or any sale, lease or transfer of any or all the assets of the 5941 Contractor.
5942 The Guarantor hereby waives any and all rights, benefits and defenses under California Civil 5943 Code Sections 2809, 2815, 2819, 2845, 2849 and 2850, and all other rights permitted to be waived by 5944 Section 2856(a) including, without limitation, the right to require each RA Member to (a) proceed 5945 against Contractor, (b) proceed against or exhaust any security or collateral any RA Member may hold 5946 now or hereafter hold, or (c) pursue any other right or remedy for Guarantor’s benefit, and agree that 5947 each RA Member may proceed against Guarantor for the obligations guaranteed herein without taking 5948 any action against Contractor or any other guarantor or pledgor and without proceeding against or 5949 exhausting any security or collateral any RA Member may hold now or hereafter hold. Each RA Member 5950 may unqualifiedly exercise in its sole discretion any or all rights and remedies available to it against 5951 Contractor or any other guarantor or pledgor without impairing each RA Member's rights and remedies 5952 in enforcing this Guarantee.
5953 The Guarantor hereby waives and agrees to waive at any future time at the request of each RA 5954 Member, to the extent now or then permitted by applicable law, any and all rights which the Guarantor 5955 may have or which at any time hereafter may be conferred upon it, by statute, regulation or otherwise, 5956 to avoid any of its obligations under, or to terminate, cancel, quit or surrender this Guaranty. Without 5957 limiting the generality of the foregoing, it is agreed that the occurrence of any one or more of the 5958 following shall not affect the liability of the Guarantor hereunder: (a) at any time or from time to time, 5959 without notice to the Guarantor, the time for Contractor's performance of or compliance with any of its 5960 obligations under the Agreement is extended, or such performance or compliance is waived; (b) the 5961 Agreement is modified or amended in any respect; (c) any other indemnification with respect to 5962 Contractor's obligations under the Agreement or any security therefor is released or exchanged in whole 5963 or in part or otherwise dealt with; (d) any assignment of the Agreement is effected which does not 5964 require each RA Member's approval; or (e) any termination or suspension of the Agreement arising by 5965 reason of a default by Contractor.
5966 The Guarantor hereby expressly waives diligence, presentment, demand for payment or 5967 performance, protest and all notices whatsoever, including, but not limited to, notices of non-payment 5968 or non-performance, notices of protest, notices of any breach or default, and notices of acceptance of 5969 this Guaranty. If all or any portion of the obligations guaranteed hereunder are paid or performed, 5970 Guarantor’s obligations hereunder shall continue and remain in full force and effect in the event that all 5971 or any part of such payment or performance is avoided or recovered directly or indirectly from each RA 5972 Member as a preference, fraudulent transfer or otherwise, irrespective of (a) any notice of revocation 5973 given by Guarantor or Contractor prior to such avoidance or recovery, or (b) payment in full of any 5974 obligations then outstanding.
197
5975 The Guarantor expressly subordinates and waives its rights to subrogation, reimbursement, 5976 contribution or indemnity with respect to performance by Guarantor of the obligations of Contractor 5977 guaranteed hereby, until each RA Member receives payment or performance in full of all such 5978 obligations.
5979 4. Term. This Guaranty is not limited to any period but shall continue in full force and 5980 effect until all the terms and conditions of the Agreement have been fully performed by Contractor, and 5981 Guarantor shall remain fully responsible under this Guaranty without regard to the acceptance by each 5982 RA Member of any performance bond or other collateral to assure the performance of Contractor's 5983 obligations under the Agreement. Guarantor shall not be released of its obligations hereunder so long 5984 as there is any claim by any RA Member against Contractor arising out of the Agreement based on 5985 Contractor's failure to perform which has not been settled or discharged. 5986 5. No Waivers by Each RA Member. No delay on the part of any RA Member in exercising 5987 any rights under this Guaranty or failure to exercise such rights shall operate as a waiver of such rights. 5988 No notice to or demand on Guarantor shall be a waiver of any obligation of Guarantor or right of any RA 5989 Member to take other or further action without notice or demand. No modification or waiver by any RA 5990 Member of any of the provisions of this Guaranty shall be effective unless it is in writing and signed by 5991 such RA Member and by Guarantor, nor shall any waiver by any RA Member be effective except in the 5992 specific instance or matter for which it is given. 5993 6. Payment of Costs of Enforcing Guaranty. In addition to the amounts guaranteed 5994 under this Guaranty, Guarantor agrees to pay actual attorney's fees and all other costs and expenses, 5995 including staff costs, incurred by each RA Member in enforcing this Guaranty, or in any action or 5996 proceeding arising out of or relating to this Guaranty, including any action instituted to determine the 5997 respective rights and obligations of the parties hereunder. 5998 7. Enforcement. The terms of this Guaranty may be enforced as to any one or more 5999 breaches either separately or cumulatively.
6000 8. Remedies Cumulative. No remedy herein conferred upon or reserved to each RA 6001 Member under this Agreement is intended to be exclusive of any other available remedy or remedies, 6002 but each remedy is cumulative and is in addition to every other remedy given under the Guaranty and 6003 the Agreement or hereinafter existing at law or in equity or by statute. 6004 9. Governing Law; Jurisdiction. This Guaranty is and shall be deemed to be a contract 6005 entered in and pursuant to the laws of the State of California and shall be governed and construed in 6006 accordance with the laws of California without regard to its conflicts of laws rules for all purposes, 6007 including, but not limited to, matters of construction, validity and performance. Guarantor agrees that 6008 any action brought by any RA Member to enforce this Guaranty may be brought in any court of the State 6009 of California and Guarantor consents to personal jurisdiction over it by such courts. Guarantor appoints 6010 the following person as its agent for service of process in California:
6011 10. ______________________________
6012 11. ______________________________
6013 12. Severability. If any portion of this Guaranty is held to be invalid or unenforceable, such 6014 invalidity shall have no effect upon the remaining portions of this Guaranty, which shall be severable 6015 and continue in full force and effect.
6016 13. Amendments. No amendment, change, modification or termination of this Guaranty is 6017 made except upon the written consent of Guarantor and each RA Member. 198
6018 14. Binding on Successors. This Guaranty shall inure to the benefit of each RA Member 6019 and its successors and shall be binding upon Guarantor and its successors, including a successor entity 6020 formed by a merger or consolidation, a transferee of substantially all its assets, and its shareholders in 6021 the event of its dissolution or insolvency. The Guarantor may not assign or delegate the performance of 6022 this Guaranty without the prior written consent of each RA Member in its sole discretion. Any 6023 assignment made without the consent of each RA Member is voidable by each RA Member in its sole 6024 discretion. Together with its request for each RA Member’s consent, Guarantor shall pay each RA 6025 Member $10,000 to compensate each RA Member for its reasonable expenses for attorneys' fees, 6026 including fees charged by a private attorney who is not a staff member of the RA Member, and 6027 investigation costs (“assignment expenses”) necessary to investigate the suitability of any proposed 6028 assignee, and to review and finalize any documentation required as a condition for approving any 6029 assignment. Each RA Member shall reimburse Guarantor for any portion of the assignment expenses it 6030 does not use for the assignment. If any RA Member incurs assignment expenses greater than $10,000, 6031 then Guarantor shall reimburse such RA Member for the additional expenses within 30 days of such RA 6032 Member’s request therefore. Guarantor shall further pay to each RA Member each RA Member’s 6033 reimbursement for any attorneys’ fees or costs, including investigation costs and fees charged by a 6034 private attorney who is not a staff member of the RA Member, necessary to enjoin the assignment or to 6035 otherwise enforce this provision within 30 days of each RA Member’s request therefore (“injunction 6036 costs”). Guarantor’s obligation to pay each RA Member assignment expenses and injunction costs will 6037 not exceed $60,000 in the aggregate, excluding any costs that each RA Member may recover under 6038 Applicable Law, but including court costs paid to a prevailing party. 6039 15. No merger, No Conveyance of Assets. Guarantor agrees that it will not consolidate 6040 with or merge into any other corporation where the shareholders of the Guarantor yield control of the 6041 Guarantor, or a majority interest in the Guarantor, to the newly formed corporation, or convey, transfer 6042 or lease all or substantially all its properties and assets to any person, firm, joint venture, corporation 6043 and other entity, unless each RA Member consents thereto in accordance with Section (12) above. 6044 16. Authority. Guarantor represents and warrants that on the date of signing this 6045 Guaranty:
6046 17. (a) The Guarantor has the power, authority and legal right to enter into this Guaranty 6047 and to perform its obligations and undertakings under this Guaranty, and the execution, delivery and 6048 performance of this Guaranty by the Guarantor (i) have been duly authorized by all necessary corporate 6049 and shareholder action on the part of the Guarantor, (ii) have the requisite approval of all federal, state 6050 and local governing bodies having jurisdiction or authority with respect thereto,(iii) do not violate any 6051 judgment, order, law or regulation applicable to the Guarantor; (iv) do not conflict with or constitute a 6052 default under any agreement or instrument to which the Guarantor is a party or by which the Guarantor 6053 or its assets may be bound or affected; and (v) do not violate any provision of the Guarantor’s articles or 6054 certificate of incorporation or by-laws.
6055 18. (b) This Guaranty has been duly signed and delivered by the Guarantor and constitutes 6056 the legal, valid and binding obligation of the Guarantor, enforceable against the Guarantor in 6057 accordance with its terms; and
6058 19. (c) There is no pending or, to the knowledge of the Guarantor, threatened actions 6059 or proceedings before any court or administrative agency that would have a material adverse effect on 6060 the financial condition of the Guarantor, or the ability of the Guarantor to perform its obligations or 6061 undertakings under this Guaranty.
199
6062 20. Counterparts. This Guaranty may be signed in any number of counterparts, some of 6063 which may not bear the signatures of all parties to this Agreement. When signed and delivered, each 6064 counterpart is deemed to be an original and all of counterparts, taken together, will constitute one and 6065 the same instrument; provided, however, that in pleading or proving this Guaranty, it will not be 6066 necessary to produce more than one copy (or sets of copies) bearing the signature of the Guarantor. 6067 21. Headings. The Section headings appearing herein are for convenience only and will not 6068 govern, limit, modify or in any manner affect the scope, meaning or intent of the provisions of this 6069 Guaranty.
6070 22. Notices. Notice shall be given in writing, deposited in the U.S. mail, registered or 6071 certified, first class postage prepaid, addressed as follows:
6072 To each RA Member:
6073
6074
6075
6076 With a copy to each RA Member’s Attorney at the same address. 6077 To Guarantor:
6078
6079 The parties may change the address to which notice is to be sent by giving the other party notice 6080 of the change as provided in this Section.
6081 23. Events of Default. Each of the following will constitute a Default under this Agreement:
6082 (a) Failure to Fulfill Payment of Guaranty. Guarantor fails to fulfill full and timely payment of 6083 any guaranty under this Guaranty, including Section (1), and its failure continues for 5 days after written 6084 notice has been given to the Guarantor by an RA Member; 6085 (b) Breach of Guaranty. The Guarantor fails to observe and perform any covenant, condition or 6086 agreement of this Guaranty or engages in any acts prohibited under this Agreement, other than any 6087 failures or prohibitions listed explicitly in this Section, and its failure continues for more than 30 days 6088 after Notice has been given to the Guarantor by an RA Member; 6089 (c) Failure to Give Notice of Proposed Assignment, etc. The Guarantor fails to give each RA 6090 Member notice in accordance with Section (12) or (13) within 10 days of the first to occur of 6091 (i) Contractor or any affiliate issuing a press release as to any proposed assignment (within the 6092 meaning of Section (12)), or consolidation, merger, conveyance, transfer or lease described in Section 6093 (13) or
6094 (ii) the filing with the Securities and Exchange Commission of a Form 8-K or other filing with 6095 respect to a memorandum of intent or an agreement and plan therefore (paragraphs (i) and (ii) together 6096 defined as, “Change Notice”)
200
6097 (d) Consolidation, Merger, Conveyance of Assets. This Guaranty is assigned in violation of 6098 Section (12) or the Guarantor consolidates, merges or coveys, transfers or leases assets in violation of 6099 Section (13) despite any RA Member Council or RA Member Board action after Change Notice in 6100 preceding paragraph (c) withholding or denying such RA Member’s consent, and on or before 15 days 6101 thereafter, Guarantor does not provide each RA Member with a substitute Guarantor satisfactory to 6102 each RA Member in each RA Member’s sole discretion; 6103 (e) Bankruptcy, Insolvency, Liquidation. Guarantor files a voluntary claim for debt relief under 6104 any applicable bankruptcy, insolvency, debtor relief, or other similar law now or hereafter in effect, or 6105 will consent to the appointment of or taking of possession by a receiver, liquidator, assignee, trustee, 6106 custodian, administrator (or similar official) of Guarantor for any substantial part of Guarantor's 6107 operating assets or any substantial part of Guarantor's property, or will make any general assignment 6108 for the benefit of Guarantor's creditors, or will fail generally to pay Guarantor's debts as they become 6109 due or will take any action in furtherance of any of the foregoing. 6110 A court having jurisdiction enters a decree or order for relief in respect of the Agreement, in any 6111 involuntary case brought under any bankruptcy, insolvency, debtor relief, or similar law now or 6112 hereafter in effect, or Guarantor consents to or fails to oppose any proceeding, or any said court having 6113 jurisdiction enters a decree or order appointing a receiver, liquidator, assignee, custodian, trustee, 6114 sequestrator (or similar official) of the Guarantor or for any substantial part of the Guarantor's 6115 operating equipment or assets, or orders the winding up or liquidation of the affairs of the Guarantor. 6116 (f) Breach of Representations or Warranties. Any representation or warranty of Guarantor is 6117 untrue on the date thereof, or Guarantor knowingly makes, causes to be made or condones the making 6118 of any false entry in its books, accounts, records and reports under this Agreement. 6119 Upon any Default, any RA Member may proceed first and directly against the Guarantor under 6120 this Guaranty without proceeding against or exhausting any other remedies that it may have. The 6121 Guarantor acknowledges that any Default comprises a Default under the Agreement. 6122 24. Entire Agreement. This Guaranty constitutes the entire agreement between the parties 6123 to this Agreement with respect to the transactions contemplated by this Guaranty. Nothing in this 6124 Guaranty is intended to confer on any person other than the Guarantor, each RA Member and their 6125 permitted successors and assign sunder this Agreement any rights or remedies under or because of this 6126 Guaranty.
6127 IN WITNESS WHEREOF, Guarantor has executed this Guaranty on the day and year first above 6128 written.
6129
6130 By:
6131
6132 By:
6133
201
6134 ATTACHMENT K
6135 CONTRACTOR’S ENVIRONMENTALLY PREFERABLE PURCHASING POLICY 6136
6137
202
6138 Environmentally Preferable Purchasing Policy
6139
6140 Consistent with the company’s corporate sustainability platform, Recology Inc. has adopted 6141 environmentally preferable purchasing behaviors, including the implementation of a corporate-wide 6142 green procurement policy for office, breakroom and promotional products. 6143
6144 The program is managed interdepartmentally to ensure procurement activities consider both 6145 environmental and fiscal impacts. Recology’s selected vendor provides a “Greener Office” brochure and 6146 committed customer support green team to provide guidance and reporting services related to green 6147 product procurement and utilization.
6148
6149 Quantifiable results of Recology’s Environmentally Preferable Purchasing Policy will be reported in 6150 Recology’s Annual Report to the RA Members and in external sustainability reporting contexts. 6151 Examples of product criteria are provided below:
6152 o Copy Paper: 100% post-consumer content (PCC) recycled content products, including letter, 6153 ledger and legal-sized varieties.
6154 o Misc. Paper: Minimum 50% post-consumer (PCC) recycled content products, with goal to 6155 achieve 100% recycled content within one (1) year of implementation (filing folders, mailing 6156 envelopes, paper tablets, notebooks, etc.).
6157 o Paper Towels and Bath Tissue: Minimum 50% recycled content products, with goal to achieve 6158 100% recycled content within one (1) year of implementation. 6159 o Janitorial: Purchase green-certified, natural cleaners and detergents whenever applicable. 6160 o Toner and Electronic Recycling: Company-wide participation in vendor recycling programs for 6161 printer and toner cartridges, household batteries, and electronics. 6162 o Program Development: Continue to pursue procurement of additional environmentally 6163 preferable, alternative products as fiscal and sustainability program contexts allow. 6164
203
6165 ATTACHMENT L
6166 COUNTY CODE TITLE 15, CHAPTER 15.01, ARTICLE 3, SECTION 15.01.040 SOLID WASTE COLLECTION 6167 (SEE SEPARATELY ATTACHED FILE)
6168
204
6169 ATTACHMENT M
6170 CORPORATE SECRETARY’S CERTIFICATE
6171
6172
205
6173 SECRETARY'S CERTIFICATE
6174
6175 The undersigned hereby certifies that he is the Corporate Secretary of Recology South Valley, a 6176 California corporation (the “Corporation”), that he is authorized to execute and deliver this Secretary’s 6177 Certificate in the name of and on behalf of the Corporation, that the following resolutions have been 6178 duly adopted by the unanimous written consent of the duly elected Board of Directors of the 6179 Corporation, and that such resolutions have not been amended, modified or rescinded and are in full 6180 force and effect as of the date hereof:
6181
6182 “RESOLVED, that the execution, delivery and performance by the Corporation of the Franchise 6183 Agreement between Hollister, San Juan Bautista and the County of San Benito, Respectively, and 6184 Recology South Valley d/b/a Recology San Benito County for Recyclables, Organics and Solid 6185 Waste Collection Services, dated as of November 1, 2018 (the “Franchise Agreement”), be, and 6186 it hereby is, ratified, confirmed and approved;
6187
6188 “RESOLVED, that Michael J. Sangiacomo or any other officer of the Corporation be, and each of 6189 them hereby is, authorized and directed, in the name and on behalf of the Corporation, to 6190 execute and deliver the Franchise Agreement in substantially the form presented to the Board, 6191 with such changes thereto as the officer executing the same may approve, the execution thereof 6192 by such officer to be conclusive evidence of such approval.” 6193
6194 Executed this _____ day of _____, 2018.
6195
6196
6197
6198 ___________________________________
6199 Cary Chen
6200 Corporate Secretary
6201
6202
6203
6204
6205
Notice of Public Hearing
Regarding Proposed Maximum Allowable Rates for
Solid Waste / Recycling / Organics Collection
City of San Juan Bautista, City Council Chambers
311 Second Street, San Juan Bautista, California
August 18, 2026 6:00 P.M.

On August 18, 2026 at 6:00 p.m. the City of San Juan Bautista City Council will hold a Public Hearing to accept public input and testimony on a proposed increase on the maximum allowable rates for solid waste collection, to be effective July 1, 2026. Any interested person may present verbal or written input to the Council and the Council will consider all input. Though state law provides that only the written protests of property owners may be counted to determine whether a majority protest to the proposed maximum rates exists, the Council will also consider and include protests from tenants responsible for solid waste costs. The solid waste rates cover costs to meet state regulatory requirements for solid waste, recycling and organics collection and processing. At the conclusion of the public hearing, if a majority protest of property owners and tenants does not exist, the Council will adopt the proposed maximum allowable rates. The solid waste rates were established through a competitive procurement process for a Franchise Agreement that was awarded to Recology San Benito County. The Franchise Agreement includes several program improvements to recycling and organics collection programs to meet state mandates AB 939, AB 341, AB 1826 and SB 1383 and other mandates. The Franchise Agreement includes a contractually obligated annual rate adjustment for Recology San Benito County. The solid waste rates are adjusted on an annual basis using an index-based methodology that includes year over year changes in a consumer price index (CPI), fuel index and disposal and processing costs. The new solid waste rates pay for the collection and disposal of garbage; collection and processing of all recyclable materials, collection and processing of organics, seasonal recycling programs; free curbside bulky item collection for residents, free compost giveaways, Environmental Days with free electronic recycling and on-site security shredding services, free quarterly collection events at the landfill, and outreach and education programs. The solid waste collection rates cover program costs to enable the City to meet state regulatory requirements.

The proposed maximum rates are included in this notice and actual rates charged to ratepayers may be lower. The rate setting process for the annual rate adjustment is defined in Article 9: Contractor’s Compensation and Rate Setting in the Franchise Agreement and calculations are performed in conformance to procedures per Attachment E of the Franchise Agreement. This Notice of Public Hearing includes rates for FY 2026/2027 and provides maximum solid waste rates for five subsequent years from fiscal years 2027/2028 through 2030/2031 following the methodology in Article 9: Contractor’s Compensation and Rate Setting in the Franchise Agreement. These are the maximum rates allowable, and per the Franchise Agreement, the annual rate adjustment cannot exceed 5% annually; the actual rates charged to customers may be lower. The rates stated in this notice will not be increased above the rates stated without further written notice to the City and a further notice of public hearing pursuant to Proposition 218. Pursuant to the Franchise Agreement, the new rates will become effective July 1st annually and a courtesy notice will be sent to ratepayers each year on or before June 1st. and rate information will be on the County’s Integrated Waste Management (IWM) webpage and Recology San Benito County webpage. The rate tables show rates for the most common residential and commercial service levels; the full rate schedule is on the Recology website and hard copy is at the County’s RMA/IWM division at 2301 Technology Parkway, Hollister. C Printed on Recycled Paper City of San Juan Bautista, City Council Chambers
311 Second Street, San Juan Bautista, California
August 18, 2026 6:00 P.M.

On August 18, 2026 at 6:00 p.m. the City of San Juan Bautista City Council will hold a Public Hearing to accept public input and testimony on a proposed increase on the maximum allowable rates for solid waste collection, to beeffectiveJuly1, 2026.Any interested personmaypresent verbal orwritteninputtotheCouncil and the Council will consider all input. Though state law provides that only the written protests of property owners may be counted to determine whether a majority protest to the proposed maximum rates exists, the Council will also consider and include protests from tenants responsible for solid waste costs. The solid waste rates cover costs to meet state regulatory requirements for solid waste, recycling and organics collection and processing. At the conclusion of the public hearing, if a majority protest of property owners and tenants does not exist, the Council will adopt the proposed maximum allowable rates. The solid waste rates were established through a competitive procurement process for a Franchise Agreement that was awarded to Recology San Benito County. The Franchise Agreement includes several program improvements to recycling and organics collection programs to meet state mandates AB939,AB341,AB1826 andSB1383 and other mandates.The Franchise Agreement includes a contractually obligated annual rate adjustment for Recology San Benito County. The solid waste rates are adjusted on an annual basis using an index-based methodology that includesyearoveryearchangesinaconsumerpriceindex (CPI),fuelindexanddisposalandprocessingcosts.

The new solid waste rates pay for the collection and disposal of garbage; collection and processing of all recyclable materials, collection and processing of organics, seasonal recycling programs; free curbside bulky item collection for residents, free compost giveaways, Environmental Dayswith free electronic recycling and on-site security shredding services, free quarterly collection events at the landfill, and outreach and education programs. The solid waste collection rates cover program costs to enable the City to meet state regulatory requirements.

Proposed Maximum Solid Waste Rates for FY 2026/2027 through FY 2030/2031 The rates in the following tables are the proposed maximum monthly cost for the service levelslisted.

The actual costs to ratepayers may be lower.

Per the Franchise Agreement, the annual rate adjustment cannot exceed 5% Resident Garbage bin size
collected weekly
Includes recycling &
organics collection at
no additional cost.

FY 26/27
max. rate
FY 27/28
max. rate
FY 28/29
max. rate
FY 29/30
max. rate
FY 30/31
max. rate
20 gallon $35.32 $37.09 $38.94 $40.89 $42.93
32 gallon $42.50 $44.63 $46.86 $49.20 $51.66
64 gallon $72.68 $76.31 $80.13 $84.14 $88.34
96 gallon $109.75 $115.24 $121.00 $127.05 $133.40
The proposed maximum rates are included in this notice and actual rates charged to ratepayers may be lower. The rate setting process for the annual rate adjustment is defined in Article 9: Contractor’s Compensation and Rate Setting in the FranchiseAgreement and calculations are performed in conformance to procedures perAttachment E of the Franchise Agreement. This Notice of Public Hearing includes rates for FY 2026/2027 and provides maximum solid waste rates for five subsequent years from fiscal years 2027/2028 through 2030/2031 following the methodology in Article 9: Contractor’s Compensation and Rate Setting in the FranchiseAgreement. These are themaximumratesallowable,andpertheFranchiseAgreement,theannualrateadjustmentcannotexceed5% annually;theactualrateschargedtocustomersmaybelower.Theratesstatedinthisnoticewillnotbeincreased above the rates statedwithout further written notice to theCity and a further notice of public hearing pursuant to Proposition 218. Pursuant to the Franchise Agreement, the new rates will become effective July 1st annually and a courtesy notice will be sent to ratepayers each year on or before June 1st. and rate information will be on the County’sIntegratedWasteManagement(IWM)webpageandRecologySanBenitoCountywebpage.Therate tablesshowratesforthemostcommonresidentialandcommercialservicelevels;thefullratescheduleisonthe Recology website and hard copy is at the County’s RMA/IWM division at 2301 Technology Parkway, Hollister. CPrintedonRecycledPaper Notice of PublicHearing
Solid Waste/Recycling/Organics Collection
Commercial/Multi-family
Garbage bin size
collected weekly
includes recycling at no
additional cost.

FY 26/27
max. rate
FY 27/28
max. rate
FY 28/29
max. rate
FY 29/30
max. rate
FY 30/31
max. rate
64 gallon $ 72.68 $76.31 $80.13 $84.14 $88.34
96 gallon $109.75 $115.24 $121.00 $127.05 $133.40
1-1 yard $233.23 $244.89 $257.14 $269.99 $283.49
1-2 yard $299.04 $313.99 $329.69 $346.18 $363.48
1-3 yard $411.50 $432.08 $453.68 $476.36 $500.18
1-4 yard $541.80 $568.89 $597.33 $627.20 $658.56
Commercial/Multi-family
Organics bin size
collected weekly.

FY 26/27
max. rate
FY 27/28
max. rate
FY 28/29
max. rate
FY 29/30
max. rate
FY 30/31
max. rate
64 gallon $43.65 $45.83 $48.12 $50.53 $53.06
96 gallon $65.80 $69.09 $72.54 $76.17 $79.98
1-1 yard $139.92 $146.92 $154.26 $161.97 $170.07
1-2 yard $224.29 $235.50 $247.28 $259.64 $272.73
Proposed Maximum Solid Waste Rates for FY 2026/2027 through FY 2030/2031 The rates in the following tables are the proposed maximum monthly cost for the service levels listed.

The actual costs to ratepayers may be lower.

Per the Franchise Agreement, the annual rate adjustment cannot exceed 5% If you wish to protest, the City Clerk must receive your written protest and mailed or delivered to:

City Clerk, 311 Second St. San Juan Bautista, CA no later than 4 p.m. on August 17, 2026 or hand delivered to the Clerk before the end of the public hearing. Incomplete protest forms or those not received by the deadline cannot be counted. One protest per parcel may be submitted.

Approval Procedures: A majority protest exists if written protests are received by the City with respect to 50% plus one of the parcels affected by the proposed rate adjustment. A property owner or tenant may file a written protest and written protests must contain property owner/s name or tenants’ name and signature and property address.

City of San Juan Bautista
311 Second Street
San Juan Bautista, CA 95045
(Please cut along the dotted line and include with your protest letter) OFFICIAL PROTEST FROM:

Name:
_________________________________________________________________________________________________ Address:
_______________________________________________________________________________________________ City: ____________________________________________________________ ZIP Code: ____________________________ Assessor’s parcel number (9-digit number that appears on property tax statement, if available):
_____________________________________
Signature: ______________________________________________________ Date: ______________________________ ✁
Item: 6.A
City Council Meeting
August 18, 2026

AFFIDAVIT OF POSTING
I, Elizabeth Soto, Do Now Declare, under the Penalties of perjury, that I am the City Clerk / Administrative Services Director in the City of San Juan Bautista and that I Posted Three (3) True Copies of the attached City Council Agenda. I Further Declare That I Posted Said Agenda on the18th day of August 2026 and in the Following Locations in the City of San Juan Bautista, County of San Benito, California.

1. On The Bulletin Board at City Hall, 311 Second Street.

2. On The Bulletin Board at The City Library, 801 Second Street.

3. On The Bulletin Board at The Entrance to The United States Post Office, 301 The Alameda
Signed at San Juan Bautista, County of San Benito, California, on the 18th day of August 2026.
____________________________________________
Elizabeth Soto, CMC, CPMC
City Clerk / Administrative Services Director
Item: 7.B
City Council Meeting
January 20, 2026

WAIVER OF READING

OF ORDINANCES
State law requires that an ordinance be read in its entirety prior to adoption unless the City Council waives reading beyond the title. Reading an entire ordinance at the meeting is extremely time-consuming; reading of the title alone usually gives the audience sufficient understanding of what the Council is considering.

To ensure that this waiver is consistently approved by the Council, Council should make the waiver at each meeting, thus, you should do it at this point on the Consent Agenda. The Council then does not have to worry about making this motion when each ordinance comes up on the agenda.

GC36934
City of San Juan Bautista
Revenues ~ Budget Vs. Actual
For the Year Ended June 30, 2026
Item #5E
City Council Meeting
August 18, 2026
REVENUES FY25 FY26 Annual YTD
Fund Actuals Actuals Budget Difference 100% Notes
General Fund 2,465,253 2,485,740 2,635,525 (149,785) 94% Special Revenue Funds:

Capital Projects Fund 334,934 399,024 3,061,913 (2,662,889) 13% Community Development 131,119 392,796 132,050 260,746 297% A COPS 183,725 169,824 100,000 69,824 170%
Parking & Restroom Fd 27,186 19,802 28,000 (8,198) 71%
Gas Tax Fund 114,186 110,960 108,000 2,960 103%
Valle Vista LLD 44,554 40,716 40,716 - 100%
Rancho Vista CFD 67,512 70,043 70,043 - 100%
Copperleaf CFD 16,645 31,071 31,071 - 100%
Internal Service Funds:

Blg Rehab. & Replace 38,000 38,000 38,000 - 100%
Vehicle Replacement 60,000 60,000 60,000 - 100%
Enterprise Funds:

Water
Operations 1,739,182 1,781,708 1,801,000 (19,292) 99%
Sewer
Operations 2,027,670 2,089,502 2,065,000 24,502 101%
TOTAL Funds 7,249,966 7,689,186 10,171,318 (2,482,132) 76% A ~ The higher than budget revenue is primarily to the receipt of funds for Community Development charges from prior years.

City of San Juan Bautista
Revenues ~ Budget Vs. Actual
For the Year Ended June 30, 2026
Item #5E
City Council Meeting
August 18, 2026
EXPENDITURES FY25 FY26 Annual YTD
Fund Actuals Actuals Budget Variance 100% Note
General Fund 2,264,696 2,606,712 2,609,385 (2,673) 100% Special Revenue Funds:

Capital Projects Fund 334,934 399,024 3,061,903 (2,662,879) 13% A Community Development 870,511 825,120 651,487 173,633 127% COPS 100,000 100,000 100,000 - 100%
Parking & Restroom Fd - - - -
Gas Tax Fund 24,570 19,079 21,000 (1,921) 91%
Valle Vista LLD 44,953 36,284 38,965 (2,681) 93%
Rancho Vista CFD 83,812 44,578 51,143 (6,565) 87%
Copperleaf CFD 30,523 28,533 29,278 (745) 97%
Development Impact Fee Funds
Public/Civic Facility 2,700 2,700 2,700 - 100%
Library 4,440 4,440 4,440 - 100%
Storm Drain 3,432 3,432 3,432 - 100%
Park In-Lieu 300 300 300 - 100%
Public Safety 852 852 852 - 100%
Traffic 432 432 432 - 100%
Enterprise Funds:

Water:

Operations 817,070 685,491 962,796 (277,305) 71%
Capital 80,417 490,310 2,178,962 (1,688,652) 23% A
Sewer
Operations 1,143,536 1,742,014 1,798,291 (56,277) 97%
Capital 11,461,676 2,776,220 4,115,298 (1,339,078) 67% A TOTAL Funds 17,268,854 9,765,521 15,630,664 (5,865,143) 62% Footnotes:

A ~ Capital fund transfers/costs are budgeted to be incurred by these funds. Since the costs/transfers occur sporadically during the year, they do not always align with the to date percentages, or prior year amounts.

Additionally, some projects have been moved to the next fiscal year.

City of San Juan Bautista
Check/Voucher Register - Check Register Current Month
From 5/1/2026 Through 5/31/2026
1110 - Operating
Acct. 1948
Effective Date Check Number Vendor Name Check Amount
5/1/2026 219205 Realty Planners Group Inc. 6,000.00
5/1/2026 219206 US Bank 16,792.19
5/1/2026 219207 Wendy L. Cumming, CPA 7,568.75
5/1/2026 219208 AFLAC 978.67
5/1/2026 219209 at&t 156.35
5/1/2026 219210 Brigantino Irrigation, Inc. 53.10
5/1/2026 219211 CALNET 31.91
5/1/2026 219212 Canon Financial Services, Inc 833.97
5/1/2026 219213 Cypress Water Services 33,675.00
5/1/2026 219214 Data Ticket Inc. 200.00
5/1/2026 Data Ticket Inc. 200.00
5/1/2026 219216 MNS Engineers, Inc. 185.00
5/1/2026 MNS Engineers, Inc. 1,210.00
5/1/2026 MNS Engineers, Inc. 5,642.50
5/1/2026 MNS Engineers, Inc. 360.00
5/1/2026 MNS Engineers, Inc. 326.22
5/1/2026 MNS Engineers, Inc. 300.00
5/1/2026 MNS Engineers, Inc. 2,150.00
5/1/2026 MNS Engineers, Inc. 980.00
5/1/2026 MNS Engineers, Inc. 6,605.38
5/1/2026 MNS Engineers, Inc. 5,185.06
5/1/2026 MNS Engineers, Inc. 10,547.78
5/1/2026 MNS Engineers, Inc. 701.20
5/1/2026 MNS Engineers, Inc. 30,555.94
5/1/2026 219217 Olivier Cedano 680.00
5/1/2026 219218 San Benito County Sheriff 35,888.70
5/1/2026 219219 Smith & Enright Landscaping 3,070.00
5/1/2026 Smith & Enright Landscaping 2,145.00
5/1/2026 Smith & Enright Landscaping 2,130.00
5/1/2026 219220 CIRA - California Intergovernmental Risk 4,224.00 5/1/2026 CIRA - California Intergovernmental Risk 5,266.00 5/15/2026 219221 4Leaf, Inc. 340.00
5/15/2026 219222 ACWA Health Benefits Authority 20,115.45 City of San Juan Bautista
Check/Voucher Register - Check Register Current Month
From 5/1/2026 Through 5/31/2026
1110 - Operating
Acct. 1948
Effective Date Check Number Vendor Name Check Amount
5/15/2026 219223 Agile Occupational Medicine 125.00
5/15/2026 219224 All Clear Water Services 4,100.00
5/15/2026 219225 Alliant Insurance Services 546.00
5/15/2026 219226 American Planning Association 646.80
5/15/2026 219227 Animal Damage Management Inc 185.00
5/15/2026 219228 Araceli Espinoza 700.00
5/15/2026
219229 Ashley Collick 245.00
5/15/2026 219230 att.com 67.39
5/15/2026 219231 California Park & Recreation Society 585.00 5/15/2026 219232 Canon Financial Services, Inc 535.19
5/15/2026 219233 City of Hollister 116,072.42
5/15/2026 219234 Core & Main 29.04
5/15/2026 219235 Cypress Water Services 11,225.00
5/15/2026 219236 Department of Toxic Substances Control 50.00 5/15/2026 219237 Design Line & Granger 522.22
5/15/2026 219238 Employment Development Department 1,331.85 5/15/2026 219239 Espie Chavez 700.00
5/15/2026 219240 Ferguson Enterprises LLC 154.86
5/15/2026 219241 International Code Council, Inc 2,270.91 5/15/2026 219243 Kennedy, Archer & Giffen 217.00
5/15/2026 Kennedy, Archer & Giffen 4,278.00
5/15/2026 Kennedy, Archer & Giffen 197.00
5/15/2026 Kennedy, Archer & Giffen 310.00
5/15/2026 Kennedy, Archer & Giffen 558.00
5/15/2026 Kennedy, Archer & Giffen 527.00
5/15/2026 Kennedy, Archer & Giffen 403.00
5/15/2026 Kennedy, Archer & Giffen 124.00
5/15/2026 Kennedy, Archer & Giffen 248.00
5/15/2026 Kennedy, Archer & Giffen 217.00
5/15/2026 Kennedy, Archer & Giffen 2,984.00
City of San Juan Bautista
Check/Voucher Register - Check Register Current Month
From 5/1/2026 Through 5/31/2026
1110 - Operating
Acct. 1948
Effective Date Check Number Vendor Name Check Amount
5/15/2026 Kennedy, Archer & Giffen 372.00
5/15/2026 Kennedy, Archer & Giffen 806.00
5/15/2026 Kennedy, Archer & Giffen 5,549.00
5/15/2026 Kennedy, Archer & Giffen 1,271.00
5/15/2026 Kennedy, Archer & Giffen 372.00
5/15/2026 219244 Mission Linen Service 258.29
5/15/2026 Mission Linen Service 91.25
5/15/2026 219245 Monterey Bay Analytical Services 6,112.00 5/15/2026 219246 Monterey Bay Economic Partnership 5,000.00 5/15/2026 219247 P G & E 7,321.85
5/15/2026 P G & E 4,963.84
5/15/2026 P G & E 103.25
5/15/2026 219248 Regional Government Services 193.68
5/15/2026 219249 Rincon Consultants 7,375.25
5/15/2026 Rincon Consultants 6,251.00
5/15/2026 219250 Rx-Tek 1,115.93
5/15/2026
219251 Stantec Consulting Services Inc. 194,763.04
5/15/2026 219252 Suzie & Tyler Allred 230.00
5/15/2026 219253 T-Mobile 1,170.74
5/15/2026 219254 Tri-County Fire Protection, Inc. 280.00 5/15/2026 219255 Hollister True Value 26.21
5/15/2026 Hollister True Value 70.98
5/15/2026 Hollister True Value 65.48
5/15/2026 Hollister True Value 27.92
5/15/2026 219256 USABlueBook 109.26
5/15/2026 USABlueBook 433.74
5/15/2026 219257 4Leaf, Inc. 5,132.63
5/15/2026 4Leaf, Inc. 217.50
5/15/2026 219258 Clark Pest Control 129.00
5/15/2026 219259 Home Depot Credit Services 233.17
5/15/2026 Home Depot Credit Services 745.20
5/15/2026 Home Depot Credit Services 230.38
5/15/2026 219260 Midwest Tape 81.16
5/15/2026 219261 Revize LLC 3,075.00
City of San Juan Bautista
Check/Voucher Register - Check Register Current Month
From 5/1/2026 Through 5/31/2026
1110 - Operating
Acct. 1948
Effective Date Check Number Vendor Name Check Amount
5/15/2026 219262 Rx-Tek 406.25
5/15/2026 219263 Victor M. Tafoya 427.00
5/15/2026 219264 Wendy L. Cumming, CPA 8,312.50
5/31/2026 ATM Payroll 79,996.79
5/31/2026 Payroll Taxes 31,302.24
5/31/2026 ATM2 Fica 8,937.67
Report Total 738,813.05
City of San Juan Bautista
Check/Voucher Register - Check Register Current Month
From 6/1/2026 Through 6/30/2026
1110 - Operating
Acct. 1948
Effective Date Check Number Vendor Name Check Amount
6/5/2026 219265 Abbott's Pro Power 212.27
6/5/2026 Abbott's Pro Power 122.58
6/5/2026 219266 AFLAC 978.67
6/5/2026 219267 at&t 156.35
6/5/2026 219268 Burke, Williams & Sorensen, LLP 8,227.50 6/5/2026 219269 CALNET 332.80
6/5/2026 219270 Cesar Gonzalez 700.00
6/5/2026 219271 WEX BANK 918.68
6/5/2026 219272 City of Hollister 93,952.88
6/5/2026 219273 Code Publishing Company 1,222.00
6/5/2026 219274 EMC Planning Group Inc. 772.32
6/5/2026 219275 Kiley & Associates, LLC 1,500.00
6/5/2026 219276 Lubin Olson & Niewiadomski LLP 2,560.00 6/5/2026 Lubin Olson & Niewiadomski LLP 448.00
6/5/2026 219277 Luis Salazar 60.59
6/5/2026 219278 Meyer Nave 1,153.00
6/5/2026 219279 Midwest Tape 77.78
6/5/2026 219280 MNS Engineers, Inc. 770.00
6/5/2026 MNS Engineers, Inc. 168.00
6/5/2026 MNS Engineers, Inc. 127.50
6/5/2026 MNS Engineers, Inc. 787.50
6/5/2026 MNS Engineers, Inc. 4,479.92
6/5/2026 MNS Engineers, Inc. 3,929.43
6/5/2026 MNS Engineers, Inc. 938.72
6/5/2026 MNS Engineers, Inc. 3,297.48
6/5/2026 MNS Engineers, Inc. 110.00
6/5/2026 MNS Engineers, Inc. 1,914.29
6/5/2026 219281 Monterey Bay Analytical Services 4,888.00 6/5/2026 219282 New SV Media 920.16
6/5/2026 219283 Rojas Communications Group 1,500.00
City of San Juan Bautista
Check/Voucher Register - Check Register Current Month
From 6/1/2026 Through 6/30/2026
1110 - Operating
Acct. 1948
Effective Date Check Number Vendor Name Check Amount
6/5/2026 219284 Rx-Tek 1,075.00
6/5/2026 Rx-Tek 2,544.30
6/5/2026 219285 San Benito County Lulac Council 2890 200.00 6/5/2026 219286 Smith & Enright Landscaping 1,573.38
6/5/2026 Smith & Enright Landscaping 2,183.25
6/5/2026 Smith & Enright Landscaping 2,198.63
6/5/2026 219287 Stantec Consulting Services Inc. 106,879.39 6/5/2026 219288 Stoel Rives 2,444.00
6/5/2026 219289 T-Mobile 970.53
6/5/2026 219290 Toro Petroleum Corp. 553.52
6/5/2026 219291 Hollister True Value 123.90
6/5/2026 Hollister True Value 21.84
6/5/2026 Hollister True Value 13.09
6/5/2026 219292 Victor M. Tafoya 149.00
6/5/2026 219293 Wallace Group 2,786.38
6/5/2026 219294 San Benito County Water District 3,111.25 6/11/2026 219295 4Leaf, Inc. 4,583.51
6/11/2026 4Leaf, Inc. 2,084.01
6/11/2026 219296 All Clear Water Services 4,100.00
6/11/2026 219297 att.com 67.39
6/11/2026 219298 California Building Officials 275.00
6/11/2026 219299 California Building Standards Commission 20.70 6/11/2026 219300 Charter Communications 642.95
6/11/2026 219301 Core & Main 2.54
6/11/2026 Core & Main 754.03
6/11/2026 219302 Cypress Water Services 11,225.00
6/11/2026 219303 Evangelina Martinez or Jose Sanchez 700.00 6/11/2026 219304 Filomeno Garza. 15.04
6/11/2026 219305 Hollister Auto Parts, Inc. 13.26
6/11/2026 219306 Home Depot Credit Services 21.72
6/11/2026 219307 iWorQ Systems 6,000.00
6/11/2026 219310 Kennedy, Archer & Giffen 93.00
6/11/2026 Kennedy, Archer & Giffen 6,169.00
City of San Juan Bautista
Check/Voucher Register - Check Register Current Month
From 6/1/2026 Through 6/30/2026
1110 - Operating
Acct. 1948
Effective Date Check Number Vendor Name Check Amount
6/11/2026 Kennedy, Archer & Giffen 310.00
6/11/2026 Kennedy, Archer & Giffen 372.00
6/11/2026 Kennedy, Archer & Giffen 2,818.50
6/11/2026 Kennedy, Archer & Giffen 124.00
6/11/2026 Kennedy, Archer & Giffen 1,085.00
6/11/2026 Kennedy, Archer & Giffen 2,666.00
6/11/2026 Kennedy, Archer & Giffen 124.00
6/11/2026 Kennedy, Archer & Giffen 2,412.50
6/11/2026 Kennedy, Archer & Giffen 248.00
6/11/2026 Kennedy, Archer & Giffen 600.00
6/11/2026 Kennedy, Archer & Giffen 1,519.00
6/11/2026 Kennedy, Archer & Giffen 155.00
6/11/2026 Kennedy, Archer & Giffen 62.00
6/11/2026 Kennedy, Archer & Giffen 62.00
6/11/2026 Kennedy, Archer & Giffen 155.00
6/11/2026 219311 Kiley & Associates, LLC 1,500.00
6/11/2026 219312 Meyer Nave 34,709.20
6/11/2026 219313 Midwest Tape 82.05
6/11/2026 219314 MNS Engineers, Inc. 918.75
6/11/2026 MNS Engineers, Inc. 28,376.04
6/11/2026 219315 New SV Media 627.36
6/11/2026 New SV Media 1,046.88
6/11/2026 219316 P G & E 7,898.34
6/11/2026 P G & E 5,752.22
6/11/2026 219317 Pure Water Bottling Company 242.75
6/11/2026 219318 Rojas Communications Group 1,500.00
6/11/2026 219319 Rx-Tek 512.50
6/11/2026 219320 Stantec Consulting Services Inc. 150,638.83 6/11/2026 Stantec Consulting Services Inc. 32,541.85
6/11/2026 219321 US Bank 4,971.87
6/11/2026 219322 Wallace Group 1,790.00
6/11/2026 219323 Wendy L. Cumming, CPA 7,176.50
City of San Juan Bautista
Check/Voucher Register - Check Register Current Month
From 6/1/2026 Through 6/30/2026
1110 - Operating
Acct. 1948
Effective Date Check Number Vendor Name Check Amount
6/11/2026 219324 Wright Bros. Industrial Supply 107.52
6/11/2026 219325 State Compensation Insurance Fund 2,864.58 6/26/2026 219326 ACWA Health Benefits Authority 16,556.46 6/26/2026 219327 AFLAC 978.67
6/26/2026 219328 at&t 156.35
6/26/2026 219329 Baker Supplies and Repairs 58.93
6/26/2026 Baker Supplies and Repairs 60.70
6/26/2026 Baker Supplies and Repairs 65.53
6/26/2026 219330 Baker Tilly Advisory Group, LP 27,750.00 6/26/2026 219331 CALNET 330.30
6/26/2026 219332 Canon Financial Services, Inc 763.21
6/26/2026 219333 Data Ticket Inc. 200.00
6/26/2026 Data Ticket Inc. 200.00
6/26/2026 219334 EMC Planning Group Inc. 5,922.90
6/26/2026 219335 First Alarm 540.33
6/26/2026 219336 Hilda Avalos 700.00
6/26/2026 219338 Kennedy, Archer & Giffen 372.00
6/26/2026 Kennedy, Archer & Giffen 248.00
6/26/2026 Kennedy, Archer & Giffen 6,386.00
6/26/2026 Kennedy, Archer & Giffen 310.00
6/26/2026 Kennedy, Archer & Giffen 941.00
6/26/2026 Kennedy, Archer & Giffen 3,575.00
6/26/2026 Kennedy, Archer & Giffen 62.00
6/26/2026 Kennedy, Archer & Giffen 837.00
6/26/2026 Kennedy, Archer & Giffen 124.00
6/26/2026 Kennedy, Archer & Giffen 1,023.00
6/26/2026 Kennedy, Archer & Giffen 465.00
6/26/2026 Kennedy, Archer & Giffen 248.00
6/26/2026 Kennedy, Archer & Giffen 2,852.00
6/26/2026 Kennedy, Archer & Giffen 1,147.00
6/26/2026 219339 Matrix Consulting Group, LTD 19,310.00 6/26/2026 219340 Mission Linen Service 46.78
6/26/2026 219341 MNS Engineers, Inc. 550.00
6/26/2026 MNS Engineers, Inc. 2,980.00
6/26/2026 MNS Engineers, Inc. 1,870.00
City of San Juan Bautista
Check/Voucher Register - Check Register Current Month
From 6/1/2026 Through 6/30/2026
1110 - Operating
Acct. 1948
Effective Date Check Number Vendor Name Check Amount
6/26/2026 MNS Engineers, Inc. 8,725.00
6/26/2026 MNS Engineers, Inc. 4,940.00
6/26/2026 MNS Engineers, Inc. 1,870.00
6/26/2026 MNS Engineers, Inc. 1,540.00
6/26/2026 MNS Engineers, Inc. 330.00
6/26/2026 MNS Engineers, Inc. 30,747.50
6/26/2026 MNS Engineers, Inc. 440.00
6/26/2026 219342 Monterey Bay Analytical Services 4,797.00 6/26/2026 219343 MuniBilling 490.20
6/26/2026 219344 One Workplace 5,634.13
6/26/2026 219345 Petty Cash 224.52
6/26/2026 219346 Postmaster 1,500.00
6/26/2026 219347 Rincon Consultants 5,882.00
6/26/2026 219348 Rx-Tek 856.99
6/26/2026 219349 San Benito Leadership Institute 2,000.00 6/26/2026 219350 Sentry Alarm System 342.00
6/26/2026 Sentry Alarm System 360.00
6/26/2026 219351 Smith & Enright Landscaping 1,535.00
6/26/2026 Smith & Enright Landscaping 2,145.00
6/26/2026 Smith & Enright Landscaping 2,130.00
6/26/2026 219352 Sound Design A/V Contractors 742.50
6/26/2026 219353 Specialty Construction, Inc. 595,181.22 6/26/2026 Specialty Construction, Inc. 213,799.79
6/26/2026 219354 Stantec Consulting Services Inc. 108,103.77 6/26/2026 219355 Stoel Rives 2,184.00
6/26/2026 219356 The Generator Guy 330.00
6/26/2026 219357 Univar Solutions 4,333.96
6/26/2026 219358 Valley Welding 850.00
6/30/2026 219359 Don Le-Sparks 1,000.00
6/30/2026 219360 US Bank 4,164.38
Report Total 1,701,600.39
Item No.: 6.D
City Council Meeting
August 18, 2026
Page | 1

CITY OF SAN JUAN BAUTISTA

CITY COUNCIL STAFF REPORT
DATE: AUGUST 18, 2026
DEPARTMENT: CITY MANAGER
FROM: ASHLEY COLLICK, CITY MANAGER
BY: ARIELLE GOODSPEED, PLANNING MANAGER
TITLE: APPROVE THE ON-CALL CONSULTANT LIST OF 14

CONSULTANTS FOR ENVIRONMENTAL REVIEW AND

PLANNING CONSULTING SERVICES
RECOMMENDED MOTION:

Approve a resolution approving the following Fourteen (14) consultants for inclusion on the City's On-Call Environmental Review and Planning Consulting Services List for a three-year term beginning August 18, 2026, and ending June 30, 2029; and authorize the City Manager to execute on-call Professional Services Agreements for the approved term.

RECOMMENDATION:

It is recommended that the City Council approve the attached resolution establishing the City's On-Call Environmental Review and Planning Consulting Services List consisting of 14 qualified consultants and authorize the City Manager to execute on-call Professional Services Agreements with the selected firms. The agreements will establish the firms' eligibility to provide services but will not authorize project expenditures. Individual project assignments and any necessary budget amendments will be brought back to the City Council for approval as needs arise.

No project budget or expenditure authority is approved by this action. As individual projects arise, staff will return to the City Council with the project-specific scope, contract/task authorization, and any necessary budget amendment for approval.

EXECUTIVE SUMMARY:

The City of San Juan Bautista periodically requires professional environmental review and planning consulting services to support development applications, environmental analysis, and policy planning efforts. Currently, the city does not maintain a list of qualified environmental consulting firms available on an on-call basis. As a result, each individual planning project requiring environmental review must be issued as a separate request for proposals, which can delay projects and increase administrative workload.

Page | 2
The City completed a Request for Qualifications (RFQ) for On-Call Environmental Review and Planning Consulting Services and evaluated the statements of qualifications received. Staff determined that 14 firms demonstrated qualifications to provide one or more of the environmental review and planning services identified in the RFQ. Staff recommends approving all 14 firms for inclusion on the City's on-call consultant list for a term commencing August 18, 2026 and ending June 30, 2029.

Approval of the on-call list will allow the City to maintain a qualified pool of consultants for CEQA documentation, technical studies, peer review, current and long-range planning, and related services. No project budget is approved at this time. When a specific project requires consultant assistance, staff will return to the City Council with the applicable professional services scope/task authorization and any necessary budget amendment before work is authorized.

Approval of the consultant list and authorization to execute on-call Professional Services Agreements will complete the RFQ selection process and provide the City with access to qualified firms on an as-needed basis while preserving City Council approval of individual project expenditures.

BACKGROUND:

The City of San Juan Bautista relies on qualified environmental consulting firms to assist with preparation and review of environmental documentation required under the California Environmental Quality Act (CEQA) and to support complex planning and development projects.

Typical services include the preparation of Initial Studies, Environmental Impact Reports (EIRs), Mitigated Negative Declarations (MNDs), Negative Declarations (NDs), Mitigation Monitoring and Reporting Programs (MMRPs), and related technical studies.

Prior to this RFQ process, the city did not maintain an established list of qualified environmental and planning consulting firms available to perform this work. Project-by-project procurement can delay review and decision-making. Establishing the on-call list will streamline future consultant selection while maintaining appropriate project and budget controls.

Establishing an on-call list of qualified environmental and planning consultants will enable the City to assign work to pre-qualified firms as project needs arise, eliminating the need to conduct a separate Request for Proposals (RFP) for each individual project. This streamlined approach can reduce consultant procurement time by several months—often three to six months—allowing environmental review, CEQA documentation, and planning services to begin sooner. As a result, the city will be better positioned to expedite permit processing, improve customer service, reduce administrative workload, and deliver development and capital improvement projects more efficiently.

The RFQ solicited firms experienced in supporting municipalities and capable of providing environmental analyses, peer review services, CEQA documentation, technical studies, and planning consulting services necessary to support City decision-making. Firms were not required Item No.: 6.D
City Council Meeting
August 18, 2026
Page | 3
to provide every service identified in the RFQ, provided they demonstrated qualifications for one or more requested service areas.

The City Council authorized issuance of the Request for Qualifications (RFQ) for On-Call Environmental Review and Planning Consulting Services on March 17, 2026. The RFQ was issued on April 13, 2026, with questions from prospective consultants due by May 1, 2026. The City issued responses to submitted questions on May 8, 2026, and statements of qualifications were due on May 15, 2026, at 4:00 p.m. Following the proposal deadline, City staff reviewed and evaluated the submitted qualifications based on the criteria established in the RFQ, including relevant municipal experience, qualifications of assigned personnel, understanding of the requested services and proposed approach, cost and fee structure, and references and past performance.

Based on this review, staff determined that all 14 responding firms demonstrated qualifications to provide one or more of the environmental review and planning consulting services identified in the RFQ and recommends that all 14 firms be included on the City’s on-call consultant list.

DISCUSSION:

Staff evaluated the submitted qualifications based on municipal experience, qualifications of assigned personnel, understanding of the requested services and proposed approach, cost and fee structure, and references/past performance. Based on that review, staff recommends approving all 14 responsive firms for inclusion on the City's on-call consultant list. Inclusion on the list does not guarantee any minimum amount of work.

Services that may be provided under the on-call contracts include:
• Independent peer review of environmental reports and technical studies • Preparation of Initial Studies and determinations regarding the appropriate level of CEQA documentation
• Preparation of Negative Declarations (ND), Mitigated Negative Declarations (MND), and Environmental Impact Reports (EIR)
• Preparation of Mitigation Monitoring and Reporting Programs (MMRP) • Preparation of technical environmental studies such as air quality, biological resources, cultural resources, noise, hydrology, and traffic analyses • Planning consulting services including planning studies, environmental review coordination, zoning and code updates, housing element preparation, and other planning assignments.
• The on-call list will be effective beginning August 18, 2026 and will remain in effect through June 30, 2029, unless modified by the City Council. The City may select the firm best suited for a specific assignment based on expertise, availability, project needs, schedule, and cost.

The 14 consultants recommended for approval are:
• 4LEAF, Inc.
• BKF Engineers
• Circlepoint
• CSG Consultants
Page | 4
• David J. Powers & Associates, Inc.
• EMC Planning Group Inc.
• FirstCarbon Solutions
• ICF Environmental, Inc.
• Interwest Consulting Group, Inc.
• JHS Consulting, LLC
• Kimley-Horn and Associates, Inc.
• M-Group (Metropolitan Planning Group)
• Precision Civil Engineering, Inc.
• UltraSystems Environmental, Inc.

Approval of this action establishes the City's On-Call Environmental Review and Planning Consulting Services List and authorizes the City Manager to execute on-call Professional Services Agreements with the selected firms for a term commencing August 18, 2026, and ending June 30, 2029. Inclusion on the on-call list does not approve project funding, authorize expenditures, or guarantee work assignments. As individual projects or planning needs arise during the agreement term, staff will return to the City Council with a project-specific scope of work, contract or task authorization, and any necessary budget amendment for consideration and approval prior to the commencement of services.

CEQA REQUIREMENT:

This is not a “project” under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15378(b)(2), (b)(4), and (b)(5).

FISCAL IMPACT:

There is no immediate fiscal impact associated with issuing the RFQ. Environmental review services performed under the on-call agreements will generally be funded through development application deposits or project-specific funding sources. Any future agreements with selected consulting firms will be brought before the City Council for approval and will be subject to available appropriations.

ATTACHMENTS:

1. Resolution authorizing Issuance of RFQ for On-Call Environmental and Planning Consulting Services

2. Request for Proposals for Environmental Review and Planning Consulting Services

3. Professional Services Agreement (Form)
Page | 1
RESOLUTION NO. 2026-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN BAUTISTA APPROVING THE CITY'S ON-CALL CONSULTANT LIST OF 14 CONSULTANTS

FOR ENVIRONMENTAL REVIEW AND PLANNING CONSULTING SERVICES AND

AUTHORIZING THE CITY MANAGER TO EXECUTE ON-CALL PROFESSIONAL SERVICES AGREEMENTS.

WHEREAS, the City of San Juan Bautista relies on qualified environmental and planning consulting firms to assist with environmental review, California Environmental Quality Act (CEQA) compliance, technical studies, peer review, current and long-range planning, development review, and related services; and
WHEREAS, on March 17, 2026, the City Council authorized issuance of a Request for Qualifications (RFQ) for On-Call Environmental Review and Planning Consulting Services; the RFQ was issued on April 13, 2026; questions were due May 1, 2026; responses were issued May 8, 2026; and statements of qualifications were due May 15, 2026, at 4:00 p.m.; and WHEREAS, City staff reviewed and evaluated the submitted qualifications based on the criteria established in the RFQ, including relevant municipal experience, qualifications of assigned personnel, understanding of the requested services and proposed approach, cost and fee structure, and references and past performance; and
WHEREAS, staff determined that all 14 responding firms demonstrated qualifications to provide one or more of the environmental review and planning consulting services identified in the RFQ and recommends approval of all 14 firms for inclusion on the City's on-call consultant list; and
WHEREAS, establishing an on-call list of pre-qualified consultants will streamline future consultant selection, avoid the need to conduct a separate procurement for each individual project, reduce administrative delays, and allow environmental review, CEQA documentation, planning services, and permit processing to begin more efficiently; and WHEREAS, the on-call consultant list and Professional Services Agreements will be effective beginning August 18, 2026, and will remain in effect through June 30, 2029, unless otherwise modified by the City Council; and
WHEREAS, approval of the on-call list and authorization to execute the Professional Services Agreements does not approve a project budget, authorize project expenditures, or guarantee work assignments, and individual project assignments will be brought to the City Council with a project-specific scope of work, contract or task authorization, and any necessary budget amendment for approval prior to commencement of services; and Page | 2
WHEREAS, this action is administrative and organizational in nature and is not a project under the California Environmental Quality Act pursuant to CEQA Guidelines Section 15378(b)(2), (b)(4), and (b)(5).

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN JUAN BAUTISTA AS FOLLOWS:

1. Approval of On-Call Consultant List.

The City Council hereby approves the following 14 consultants for inclusion on the City's On-Call Environmental Review and Planning Consulting Services List: 4LEAF, Inc.; BKF Engineers; Circlepoint; CSG Consultants; David J. Powers & Associates, Inc.; EMC Planning Group Inc.; First Carbon Solutions; ICF Environmental, Inc.; Interwest Consulting Group, Inc.; JHS Consulting, LLC; Kimley-Horn and Associates, Inc.; M-Group (Metropolitan Planning Group); Precision Civil Engineering, Inc.; and Ultra Systems Environmental, Inc.

2. Term.

The approved on-call consultant list and associated Professional Services Agreements shall be effective beginning August 18, 2026, and shall remain in effect through June 30, 2029, unless otherwise modified or terminated by the City Council in accordance with the applicable agreement terms.

3. Authorization to Execute Professional Services Agreements.

The City Council authorizes the City Manager to execute on-call Professional Services Agreements with the 14 approved firms, in substantially the form previously approved by the City, subject to any non-substantive revisions approved by the City Manager and City Attorney.

4. Project-Specific Authorization and Funding.

Approval of the on-call list and execution of the Professional Services Agreements do not approve project funding, authorize expenditures, or guarantee work assignments.

As individual projects or planning needs arise, staff shall return to the City Council with the applicable project-specific scope of work, contract or task authorization, and any necessary budget amendment for consideration and approval prior to commencement of services.

5. CEQA Determination.

The City Council finds that this action is administrative and organizational in nature and is not a project under the California Environmental Quality Act pursuant to CEQA Guidelines Section 15378(b)(2), (b)(4), and (b)(5).

6. Effective Date.

This Resolution shall take effect immediately upon adoption.

PASSED AND APPROVED by the San Juan Bautista City Council on this 18th day of August 2026, by the following vote:

AYES
NOES:

Page | 3
ABSENT:

ABSTAIN:

APPROVED:
____________________
Leslie Q. Jordan, Mayor
ATTEST:
______________________
Elizabeth Soto, City Clerk

PROFESSIONAL SERVICES AGREEMENT
(GENERAL CONSULTING / ON-CALL ENVIRONMENTALAND PLANNING

CONSULTING SERVICES)
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered into as of _____________ (“Effective Date”), by and between the City of San Juan Bautista, a California general law city (“City”), and __________________________ (“Consultant”). City and Consultant may be referred to individually as a “Party” and collectively as the “Parties.”

RECITALS
A. The City desires to retain a qualified professional consultant to provide general consulting and advisory services, including but not limited to environmental and planning consulting services.

B. Consultant represents that it is duly qualified, licensed where required, and experienced in providing such professional consulting services to California public agencies.

NOW, THEREFORE, in consideration of the mutual covenants and conditions herein contained, the Parties agree as follows:

1. SCOPE OF SERVICES

1.1 Services. Consultant shall provide professional consulting services as described in Exhibit A (Scope of Services), incorporated herein by reference.

1.2 Standard of Care. Consultant shall perform all services in a manner consistent with the professional standard of care ordinarily exercised by members of the same profession currently practicing under similar conditions in the State of California.

1.3 Independent Judgment. Consultant shall make an independent evaluation of all relevant conditions affecting the performance of the services.

2. TERM

2.1 Term. The term of this Agreement shall commence on the Effective Date and shall continue through _____________, unless earlier terminated as provided herein.

2.2 Extensions. The City may extend this Agreement for up to three (3) additional one-year terms by written amendment, subject to City Council approval.

3. COMPENSATION

3.1 Not-to-Exceed Amount. Total compensation under this Agreement shall not exceed $____________ without prior written authorization by the City.

3.2 Payment. Consultant shall submit invoices in a form acceptable to the City. Payment of undisputed amounts shall be made within approximately thirty (30) days of receipt.

3.3 Additional Services. Services outside the Scope of Services shall require prior written approval by the City and may be compensated pursuant to Exhibit B.

3.4 Records Retention and Audit. Consultant shall maintain complete and accurate records related to services performed under this Agreement for a minimum of four (4) years and shall make such records available to the City upon reasonable notice.

4. TERMINATION

4.1 For Convenience. The City may terminate this Agreement at any time for its convenience upon thirty (30) days’ written notice.

4.2 For Cause. Either Party may terminate this Agreement for material breach upon ten (10) days’ written notice and opportunity to cure.

5. CITY REPRESENTATIVE AND CONSULTANT CONTACT

5.1 City Representative. The City Manager or designee shall administer this Agreement.

5.2 Consultant Representative. Consultant shall designate a primary contact responsible for coordination of services.

5.3 Key Personnel. Consultant represents that the individuals identified as key personnel shall perform the services under this Agreement. Substitution of key personnel shall require prior written approval by the City.

6. SUBCONSULTANTS
Consultant shall not use subconsultants without prior written approval of the City. Consultant shall remain fully responsible for the performance of all approved subconsultants.

7. CONFIDENTIALITY
Consultant shall maintain the confidentiality of all City information not generally available to the public and shall not disclose such information without the City’s prior written consent, except as required by law.
7A. PUBLIC RECORDS
Consultant acknowledges that this Agreement and all records related to its performance are subject to disclosure under the California Public Records Act (Government Code Section 6250 et seq.), except as provided by law.

8. OWNERSHIP OF WORK PRODUCT
All work product prepared under this Agreement, including reports, memoranda, financial models, analyses, and training materials, shall be the property of the City. Consultant may retain copies for recordkeeping purposes.

9. CONFLICT OF INTEREST
Consultant shall comply with all applicable conflict-of-interest laws, including the Political Reform Act, and shall avoid any actual or perceived conflicts of interest. 9A. INDEPENDENT AUDITOR RESTRICTION
Consultant shall not serve as the City’s independent auditor during the term of this Agreement or for any fiscal year in which Consultant provides services under this Agreement.

10. INDEMNIFICATION
Consultant shall indemnify and hold harmless the City, its officers, officials, employees, and agents, to the fullest extent permitted by law, from claims arising out of Consultant’s negligent acts, errors, or omissions.

11. INSURANCE
Consultant shall maintain insurance in accordance with Exhibit C (Insurance Requirements) for the duration of this Agreement.

12. INDEPENDENT CONTRACTOR
Consultant is and shall remain an independent contractor and not an employee of the City.

13. COMPLIANCE WITH LAWS
Consultant shall comply with all applicable federal, state, and local laws and regulations.

14. NOTICES
Notices shall be given in writing to the following addresses:

City:

City Manager
City of San Juan Bautista
311 Second Street
San Juan Bautista, CA 95045
Consultant:
[Insert Address]

15. MISCELLANEOUS

15.1 Governing Law and Venue. This Agreement shall be governed by the laws of the State of California. Venue for any action shall lie in San Benito County, California.

15.2 Assignment. Consultant shall not assign or transfer this Agreement without the prior written consent of the City.

15.3 Non-Exclusivity. Nothing in this Agreement shall be construed as exclusive. The City may obtain similar services from other consultants.

15.4 Electronic Signatures. Signatures transmitted electronically or by PDF shall be deemed original.

15.5 Entire Agreement. This Agreement constitutes the entire agreement between the Parties and may be amended only in writing signed by both Parties.

SIGNATURES

CITY OF SAN JUAN BAUTISTA CONSULTANT
By: ___________________________ By: ___________________________ Name: ________________________ Name: _______________________ Date: _________________________ Date: _________________________ EXHIBIT A – SCOPE OF SERVICES
(On-call Environmental and Planning Consulting Services – as previously drafted)

EXHIBIT B
– COMPENSATION
(To be negotiated)
EXHIBIT C – INSURANCE REQUIREMENTS
(Professional Services Insurance)
Item:6.E
City Council Meeting
August 18, 2026
Page | 1

CITY OF SAN JUAN BAUTISTA

CITY COUNCIL STAFF REPORT
DATE: AUGUST 18, 2026
DEPARTMENT: CITY MANAGER
FROM: ASHLEY COLLICK, CITY MANAGER
TITLE: AWARD OF PROFESSIONAL SERVICES AGREEMENT TO
ROBERT D. NIEHAUS, INC. FOR A SEWER RATE STUDY
RECOMMENDED MOTION:

Approve a Resolution awarding a Professional Services Agreement to Robert D. Niehaus, Inc. (RDN) in an amount not to exceed $28,320 for preparation of the City’s Sewer Rate Study, and authorize the City Manager to execute the agreement and make minor, non-substantive modifications approved by the City Attorney.

RECOMMENDATION:

Staff recommends that the City Council:

1. Find that RDN submitted the proposal offering the best overall value to the City under the evaluation criteria established in the Request for Proposals;

2. Award the Sewer Rate Study contract to RDN for a firm-fixed price of $28,320; and

3. Authorize the City Manager to execute and administer the agreement, subject to written confirmation that RDN’s proposed pricing and key personnel remain available.

EXECUTIVE SUMMARY:

On February 17, 2026, the City Council authorized issuance of a Request for Proposals (RFP) for a comprehensive Sewer Rate Study. The study is intended to update the City's existing sewer rates following completion of the regional wastewater conveyance project and transition to treatment by the City of Hollister, ensuring that sewer rates remain financially sustainable, legally compliant, and sufficient to fund ongoing operations, debt service, regulatory requirements, reserves, and future capital needs.

The City received two responsive proposals. The proposals were evaluated using the criteria established in the RFP, including understanding of the scope of work, relevant experience and technical competence, public meeting and engagement skills, reputation, references, responsiveness, and other relevant factors. The City also requested the same written clarification responses from both firms regarding regional wastewater treatment costs, customer classifications, commercial and industrial users, staff workload, and comparable project experience.

Both firms demonstrated the qualifications and technical ability to complete the study. RDN distinguished itself through its extensive experience with small California utilities, detailed and practical responses to the City’s clarification questions, acceptance of the City’s standard agreement without exceptions, and a firm-fixed-price proposal of $28,320. Raftelis proposed a time-and-materials budget of $62,656, plus an optional capital renewal and replacement review of $9,010. Staff concludes that RDN offers the best overall value for San Juan Bautista while fully meeting the City’s technical and legal requirements.

The RFP is limited to a sewer rate study. A future water rate study is not included in this award and would require separate City authorization. Selecting a consultant with broad California utility-rate experience may provide useful continuity if the City later elects to pursue that work, but no future work is committed through this action.

BACKGROUND:

The City's current sewer rates were developed using financial assumptions prepared prior to completion of the regional wastewater conveyance project. Since that time, the City has transitioned to regional treatment through the City of Hollister, gained several years of actual operating experience under the new system, incurred additional debt obligations, and continues to address long-term regulatory requirements, including sludge management and future capital improvements. An updated sewer rate study is necessary to ensure that the Sewer Enterprise Fund remains financially sustainable and that rates continue to comply with Proposition 218.

The RFP requires development of a ten-year financial model and recommendations for an initial five-year rate period. The selected consultant will evaluate the existing rate structure and customer classifications, review reserve and debt-coverage requirements, analyze the appropriate treatment of regional wastewater costs, prepare an accessible Excel rate model, support the Proposition 218 process, and present recommendations to the City Council.

The original RFP anticipated an earlier award date. Competing City priorities and completion of the FY 2026–27 budget delayed the evaluation. The City subsequently completed a structured review, obtained written clarification responses from both firms, and engaged additional municipal finance and accounting professionals to provide independent evaluations.

DISCUSSION:

Proposal Evaluation Process
The City received two responsive proposals from Raftelis and Robert D. Niehaus, Inc. To support an objective and well-informed selection process, the proposals were independently reviewed by a three-member evaluation group consisting of City Manager Ashley Collick, Dmitry Semenov of Ridgeline Municipal Strategies, LLC, and Wendy Cumming of Cumming CPA. The use of outside evaluators provided an additional level of independent professional review and helped ensure a fair, objective, and well-documented consultant selection process.

The evaluation group brought complementary expertise in municipal administration, utility finance, accounting, enterprise fund management, debt planning, and public-sector financial Item:6.E
City Council Meeting
August 18, 2026
Page | 3
analysis. Each evaluator independently reviewed the proposals, cost submissions, and written responses to the City’s clarification questions using the evaluation criteria established in the Request for Proposals:
• Understanding of the Scope of Work — 3 points
• Relevant Experience and Technical Competence — 3 points • Public Meeting, Presentation, and Public Engagement Skills — 2 points • Reputation, References, Responsiveness, and Other Relevant Factors — 2 points The independent evaluations reflected that both firms were highly qualified and capable of successfully completing the sewer rate study. The evaluators identified different strengths in each proposal. Raftelis demonstrated substantial organizational depth, regional experience, and dedicated public-engagement resources. Robert D. Niehaus, Inc. demonstrated strong experience with small California utilities, a well-tailored technical approach, acceptance of the City’s standard agreement without exception, and a significantly lower fixed-price proposal.

The numerical scores and written comments were considered as part of the City’s overall bestvalue determination. The RFP did not require award solely to the proposer receiving the highest cumulative numerical score or submitting the lowest price. Instead, the evaluation considered the totality of the proposals, including technical qualifications, responsiveness, project approach, staffing, cost certainty, contractual terms, and alignment with the City’s operational and financial needs.

Based on this review, staff determined that Robert D. Niehaus, Inc. offers the best overall value to the City.

Proposal Evaluation
The City received the following proposals:

Firm Base Proposal Pricing Basis Notable Features
Robert D. Niehaus, Inc. $28,320 Firm fixed price
Small-utility focus;
accepted the City
agreement without
exceptions
Raftelis $62,656 Time and
materials
Regional experience;
dedicated communications
resources; optional $9,010
capital review
Both firms presented strong technical approaches and demonstrated experience with Proposition 218-compliant utility rate studies. Raftelis offered a larger project team, direct experience with Hollister and other regional agencies, and dedicated strategic communications support. RDN offered a smaller California-based team with substantial experience serving utilities with fewer than 3,000 connections and proposed to take the lead on data organization and analysis to reduce demands on limited City staff.

Following the initial proposal review, both firms were provided the same written clarification questions to better understand their proposed approaches to San Juan Bautista's unique circumstances. RDN's responses demonstrated a thorough understanding of the City's transition to regional wastewater treatment. RDN proposed separately identifying City-controlled collection and conveyance costs, Hollister treatment charges, debt and reserve requirements; analyzing multiple wholesale-cost scenarios; evaluating a legally compliant pass-through mechanism; and reviewing customer classifications and high-strength wastewater considerations only to the extent supported by available data and administrative practicality.

Best Overall Value
Both firms demonstrated the qualifications necessary to successfully complete the requested work. Because both proposals met the City's technical requirements, staff evaluated the firms based on overall value, including project approach, responsiveness, staffing, cost certainty, contractual terms, and the City's operational needs.

The RFP provides that cost is an important consideration but does not require selection of the lowest-priced proposal. Here, both firms were found technically capable. Cost therefore became a meaningful differentiator when considered together with scope, contractual terms, staff capacity, and the City’s limited Sewer Enterprise Fund resources.

RDN’s price is $34,336 lower than the Raftelis base proposal. The fixed-price structure also provides greater cost certainty. Staff believes RDN’s scope, qualifications, small-system experience, and project-management approach are sufficient to complete the required work without purchasing the additional staffing level proposed by Raftelis.

Proposal Validity and Contract Execution
Both proposals stated a 90-day validity period, which has since expired. Staff requested that Robert D. Niehaus, Inc. confirm whether it remained willing to perform the work under the terms of its proposal. RDN has confirmed that it will honor its proposed scope of services, firm-fixed fee of $28,320, identified project team, and a six-month project schedule following contract award. Accordingly, staff is recommending award of the Professional Services Agreement. The anticipated project schedule is August 18, 2026, through February 18, 2027.

CEQA REQUIREMENT:

The proposed action is exempt from the California Environmental Quality Act pursuant to CEQA Guidelines Section 15378(b)(5) because it consists of organizational and administrative activities that will not result in a direct or reasonably foreseeable indirect physical change in the environment. Awarding the agreement does not approve new sewer rates; any future rate action will be considered separately following the required public process.

Item:6.E
City Council Meeting
August 18, 2026
Page | 5
FISCAL IMPACT:

The Professional Services Agreement is for a firm-fixed amount of $28,320 and will be funded through the Sewer Enterprise Fund. Adequate funding is available within the FY 2026-27 Sewer Enterprise budget. The recommended award represents a savings of $34,336 compared to the competing base proposal while providing the City with a consultant whom staff believes is fully qualified to perform the requested work.

STRATEGIC PLAN ALIGNMENT:
• Infrastructure Investment and Modernization;
• Transparent and Responsive Government; and
• Organizational Capacity and Professionalization.

CONCLUSION:

Staff appreciates the time and effort both firms invested in responding to the City's Request for Proposals. Both demonstrated the qualifications and experience necessary to successfully complete the Sewer Rate Study. After considering the evaluation criteria established in the RFP, the independent evaluations, written clarification responses, technical approach, project staffing, contractual terms, and overall value, staff recommends awarding the Professional Services Agreement to Robert D. Niehaus, Inc. for $28,320.

San Juan Bautista City CouncilAugust 18, 2026

San Juan Bautista City Council
August 18, 2026