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DRAFT SOLID WASTE COLLECTION AGREEMENT 5
6 Executed Between the 7
City of San Pablo and Richmond Sanitary Service, Inc. 8 d/b/a Republic Services of Richmond. 9
10 This ___ day of ___ 2024 11
12 13
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TABLE OF CONTENTS 14
Solid Waste Collection Agreement 15
16 Table of Contents 17
Article 1. Definitions ............................................................................................................... 5 18 Article 2. Term of Agreement ................................................................................................18 19 Article 3. Conditions Governing Services Provided by Contractor .........................................18 20 Article 4. Franchise Fees and Payments ..............................................................................20 21 Article 5. General Requirements ...........................................................................................21 22 Article 6. Collection Service Rates ........................................................................................28 23 Article 7. Collection Service Billing .......................................................................................32 24 Article 8. Diversion Requirements ........................................................................................34 25 Article 9. Service Unit Types ................................................................................................36 26 Article 10. Residential Service ..............................................................................................37 27 Article 11. MFD Service ........................................................................................................43 28 Article 12. Commercial Service.............................................................................................50 29 Article 13. Industrial Service ................................................................................................. 56 30 Article 14. City Services .......................................................................................................57 31 Article 15. Additional Services ..............................................................................................60 32 Article 16. Collection Routes ................................................................................................62 33 Article 17. Minimum Performance Standards........................................................................63 34 Article 18. Collection Equipment ...........................................................................................65 35 Article 19. Contractor’s Office ...............................................................................................68 36 Article 20. Contractor Support Services ................................................................................69 37 Article 21. Emergency Service .............................................................................................76 38 Article 22. Record Keeping and Reporting Requirements .....................................................77 39 Article 23. Nondiscrimination ................................................................................................83 40 Article 24. Service Inquiries and Complaints.........................................................................83 41 Article 25. Quality of Performance of Contractor ................................................................... 84 42 Article 26. Performance Bond ...............................................................................................86 43 Article 27. Insurance .............................................................................................................87 44 Article 28. Hold Harmless and Indemnification .....................................................................89 45 Article 29. Default of Agreement ...........................................................................................92 46 Article 30. Modifications to the Agreement ...........................................................................94 47 Article 31. Legal Representation ...........................................................................................95 48 Article 32. Conflict of Interest ................................................................................................95 49 Article 33. Contractor's Personnel ........................................................................................95 50 Article 34. Exempt Waste .....................................................................................................97 51 Article 35. Independent Contractor .......................................................................................97 52 Article 36. Laws to Govern ...................................................................................................97 53 Article 37. Consent to Jurisdiction ........................................................................................97 54
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Article 38. Assignment ..........................................................................................................97 55 Article 39. Compliance with Laws .........................................................................................98 56 Article 40. Permits and Licenses ..........................................................................................98 57 Article 41. Ownership of Written Materials ............................................................................99 58 Article 42. Waiver .................................................................................................................99 59 Article 43. Prohibition Against Gifts ......................................................................................99 60 Article 44. Point of Contact ...................................................................................................99 61 Article 45. Notices ................................................................................................................99 62 Article 46. Transition to Next Contractor ............................................................................. 100 63 Article 47. Contractor’s Records ......................................................................................... 100 64 Article 48. Entire Agreement ............................................................................................... 101 65 Article 49. Severability ........................................................................................................ 102 66 Article 50. Right to Require Performance ........................................................................... 102 67 Article 51. All Prior Agreements Superseded ...................................................................... 102 68 Article 52. Headings ........................................................................................................... 102 69 Article 53. Exhibits .............................................................................................................. 102 70 Article 54. Attorney’s Fees .................................................................................................. 102 71 Article 55. Commencement Date ........................................................................................ 102 72 Exhibit 1 Maximum Service Rates ...................................................................................... 104 73 Exhibit 2 List of City Facilities and Service Levels .............................................................. 105 74 Exhibit 3 Collection Container Specifications ...................................................................... 106 75 Exhibit 4 Transition Plan ..................................................................................................... 109 76 Exhibit 5 Administrative Charges and Penalties ................................................................. 110 77 Exhibit 6 Customer Service Plan ........................................................................................ 114 78 Exhibit 7 Collection Service Operations Plan ...................................................................... 115 79 Exhibit 8 Processing and Disposal Facilities ....................................................................... 116 80 Exhibit 9 Sustainability and Compliance Plan ..................................................................... 117 81 Exhibit 10 Education and Outreach Plan ............................................................................ 118 82 Exhibit 11 Acceptable Recyclable Materials ....................................................................... 119 83 Exhibit 12 Electric Vehicles ................................................................................................ 120 84 85 11/13/2024 Page 4 of 122
This Solid Waste Collection Agreement (“Agreement”) is hereby entered into by and between the 86 City of San Pablo, a general law city existing under the laws of the State of California (“City”), and [NAME 87 OF CONTRACTOR], a California [LEGAL CAPACITY] (“Contractor”), as of ______, 2024, under the terms 88 and conditions set forth herein. 89
90 RECITALS 91
The Legislature of the State of California, by enactment of the California Integrated Waste 92 Management Act of 1989 (the “Act”) and subsequent additions and amendments (codif ied at California 93 Public Resources Code Section 40000 et seq.), has declared that it is in the public interest to authorize and 94 require local agencies to make adequate provisions for garbage collection within their jurisdiction. 95 The State of California has found and declared that the amount of garbage generated in California, 96 coupled with diminishing landfill space and potential adverse environmental impacts from landfilling and the 97 need to conserve natural resources, have created an urgent need for State and local agencies to enact and 98 implement an aggressive integrated waste management program. The State has, through enactment of the 99 Act, directed the responsible State agency, and all local agencies, to promote disposal site diversion and 100 to maximize the use of feasible garbage reduction, re-use, recycling, and composting options to reduce the 101 amount of garbage that must be disposed of in disposal sites. 102 Pursuant to its Municipal Code and California Public Resources Code Section 40059(a) as may be 103 amended from time to time, City has determined that the public health, safety, and well -being require that 104 an exclusive right be awarded to a qualified contractor to provide for the collection of garbage, recyclable 105 materials, and organic waste materials, except for collection of materials excluded in City’s Municipal Code, 106 and other services related to meeting the Act’s fifty percent (50%) diversion goal and other requirements of 107 the Act. 108
City further declares its intent to regulate and set the maximum rates Contractor may charge 109 Service Recipients for the collection of garbage, recyclable materials, and organic waste materials. 110 The City Council has determined that Contractor, by demonstrated experience, reputation, and 111 capacity, is qualified to provide for the collection of garbage, recyclable materials, and organic waste 112 materials within the corporate limits of City and the transportation of such material to appropriate places for 113 processing, recycling, composting, and/or disposal; and City Council desires that Contractor be engaged 114 to perform such collection services on the basis set forth in this Agreement; and Contractor has represented 115 that it has the ability and capacity to provide for the collection of garbage, recyclable materials, and organic 116 waste materials within the corporate limits of City and the transportation of such material to appropriate 117 places for processing, recycling, composting and/or disposal. 118 By Resolution No. ___, the City Council of City duly approved this Agreement, together with the 119 Franchise Fee, Contractor payments to City, and other City -imposed fees provided for in the Agreement 120 (collectively “City Imposed Fees”), and found and determined that such City Imposed Fees were both 121 necessary and reasonably reflect, or are less than, the actual costs City that will incur in the administration 122 of the contracted services, compliance with mandatory state laws and regulations related to the contracted 123 services, and to mitigate the impacts contracted services will have on City streets. 124 125
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OPERATIVE PROVISIONS 126
Now, therefore, in consideration of the mutual covenants, agreements and consideration contained 127 in this Agreement, City and Contractor agree as follows: 128 Article 1. Definitions 129
For the purpose of this Agreement, the definitions contained in this Article apply unless otherwise 130 specifically stated. When not inconsistent with the context, words used in the present tense include the 131 future, words in the plural include the singular, a nd words in the singular include the plural. Use of the 132 masculine gender includes the feminine gender. The meaning of terms or words not defined in this Article 133 will be as defined in the Integrated Waste Management Act, or if not defined therein, then as commonly 134 understood in the Solid Waste Collection industry when the common understanding is uncertain. 135
1.01 AB 341. “AB 341” means State of California Assembly Bill No. 341 approved October 5, 136 2011. AB 341 requires businesses, defined to include commercial or public entities that generate more than 137 4 cubic yards of commercial Solid Waste per week or multifamily residential dwellings of 5 units or more, to 138 arrange for Recycling services and requires jurisdictions to implement a commercial Solid Waste Recycling 139 program. 140
1.02 AB 827. “AB 827” means State of California Assembly Bill No. 827 approved October 02, 141 2019. AB 827 requires businesses that are mandated to recycle under AB 341 (“MCR”) and/or mandated to 142 recycle Organic Waste under AB 1826 (“MOR e”) or SB 1383 and that provide customers access to the 143 business, to provide customers with a Recyclable Materials bin and/or Organic Waste Collection bin for those 144 waste streams that is visible, easily accessible, and adjacent to each Bin or Container for trash. 145
1.03 AB 939. “AB 939” or “The Act” means “The California Integrated Waste Management Act 146 of 1989”, codified in part in Public Resources Code §§ 40000 et seq. , and such regulations adopted by 147 California Department of Resources Recycling and Recovery (CalRecycle) for im plementation of the Act, or 148 its successor agency, including but not limited to, the Jobs and Recycling Act of 2011 (AB 341), SB 1016 149 (Chapter 343, Statues of 2008 [Wiggins, SB 1016]), and the Mandatory Commercial Organics Recycling Act 150 (AB 1826). 151
1.04 AB 1594. “AB 1594” means State of California Assembly Bill No. 1594, approved 152 September 28, 2014. AB 1594 provides that as of January 1, 2020, the use of green material as Alternative 153 Daily Cover does not constitute Diversion through Recycling and would be considered Disposal. 154
1.05 Reserved. 155
1.06 AB 1826. “AB 1826” means State of California Assembly Bill No. 1826, approved 156 September 28, 2014. AB 1826 requires each jurisdiction, on and after January 1, 2016, to implement an 157 Organic Waste Recycling program to Divert from the landfill Organic Waste from businesses. Each business 158 meeting specific Organic Waste or Solid Waste generation thresholds phased in from April 1, 2016, to January 159 1, 2020, is required to arrange for Organic Waste Recycling services. 160
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1.07 AB 3036. “AB 3036” means State of California Assembly Bill No. 3036, approved 161 September 27, 2018. AB 3036 prohibits a County, City, District, or local government agency from subjecting 162 the hauling of certain byproducts from the processing of food or beverages to an exclusive franchise, contract, 163 license, or permit. 164
1.08 Administrative Charges and Penalties . “Administrative Charges and Penalties” means 165 those charges listed in Exhibit 5 to this Agreement. 166
1.09 Agreement. “Agreement” means the written Solid Waste Collection Agreement between 167 the City and the Contractor covering the work to be performed, as well as all contract documents attached to 168 the agreement and made a part thereof. 169
1.10 Agreement Administrator. “Agreement Administrator” means the City Manager, or his or 170 her designee, designated to administer and monitor the provisions of the Agreement. 171
1.11 Agreement Year. “Agreement Year” means each twelve (12) month period from July 1 to 172 June 30 during the Term of this Agreement. 173
1.12 Alternative Fuel Vehicle. “Alternative Fuel Vehicle” means a vehicle whose engine uses a 174 fuel other than gasoline or diesel fuel, such as compressed natural gas (CNG) or other fuel with comparably 175 low emissions of air pollutants regulated under the California Clean Air Act, Health, and Safety Code Section 176 39000 et seq. or the South Coast Air Quality Management District’s rules and regulations including Rule 1193. 177
1.13 Applicable Law . “Applicable Law” shall mean all F ederal, state, county, and local laws, 178 regulations, rules, orders, judgments, decrees, permits, approvals, or other requirements of any governmental 179 agency having jurisdiction over an aspect of this Agreement that are in force on the Effective Date, and as 180 may be enacted, issued, or amended thereafter, including, without limitation, the C ity’s Municipal Code, the 181 California Integrated Waste Management Act of 1989 (Public Resources Code S ection 40000 et seq.) as 182 amended as of the Effective Date, inclusive (without exclusion to other amendments not referenced here) of 183 AB 939, AB 341, AB 1826, AB 1594, SB 1383, and inclusive of all regulations implementing the same. It 184 shall also include SB 54, the Plastic Pollution Prevention and Packaging Producer Responsibility Act, and the 185 California Air Resources Board Advanced Clean Fleets regulations (2023). 186
1.14 Bin. “Bin” means a metal or plastic waste Container designed or intended to be 187 mechanically serviced by a commercial front -end loader vehicle. It shall be designed to hold from one (1) to 188 six (6) cubic yards of material with the lid properly closed. The specifications for Contractor-provided Bins are 189 set forth in Exhibit 3. 190
1.15 Biohazardous or Biomedical Waste. “Biohazardous or Biomedical Waste” means any 191 waste which may cause disease or reasonably be suspected of harboring pathogenic organisms; included 192 are waste resulting from the operation of medical clinics, hospitals, and other facilities processing wastes , 193 which may consist of, but are not limited to, human and animal parts, contaminated bandages, pathological 194 specimens, hypodermic needles, sharps, contaminated clothing, and surgical gloves. 195
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1.16 Box. “Box” means a large open-top rectangular metal Container used to store and transport 196 Solid Waste, Recyclable Materials, Green Waste, Construction and Demolition Debris , or other materials, 197 Collected using a special vehicle equipped with hooks and a winch to pull the Box onto the flat bed of the 198 truck for transport. 199
1.17 Bulky Waste. “Bulky Waste” means furniture, household appliances, automobile tires, 200 shipping crates and containers , carpets, mattresses, oversized yard waste such as tree trunks and large 201 branches if no larger than two feet in diameter and four feet in length, and similar large bulky or heavy items 202 not normally discarded on a regular basis at a residential, commercial, or business establishment and which 203 do not fit in a regular Collection Container and require special handling due to their size but can be Collected 204 and transported without the assistance of special loading equipment (such as forklifts or cranes) and without 205 violating vehicle load limits . “Bulky Items” do not include Construction and Demolition Debris or Electronic 206 Waste, the latter of which is regarded as Universal Waste and the Disposal of which is governed by the 207 Department of Toxic Substances Control. 208
1.18 Business Day. “Business Day” means any Monday through Friday, excluding any holidays 209 as defined in Section 1.58. 210
1.19 Calendar Year. “Calendar Year” means each twelve (12) month period from January 1 to 211 December 31. 212
1.20 Cart. “Cart” means a heavy plastic receptacle with a rated capacity of at least twenty (20) 213 and not more than one hundred (100) gallons, having a hinged tight-fitting lid and wheels, that is provided by 214 the Exclusive Franchise Solid Waste Contractor, approved by the City, and used by Service Recipients for 215 Collection, accumulation, and removal of Solid Waste from commercial, industrial, or residential Premises in 216 connection with Exclusive Franchise Solid Waste Collection. The specifications for Contractor-provided Carts 217 are set forth in Exhibit 3. 218
1.21 CERCLA. “CERCLA” means the Comprehensive Environmental Response, Compensation 219 and Liability Act of 1980, 42 U.S.C. Sections 9601 and following, as may be amended and regulations 220 promulgated thereunder. 221
1.22 Change in Law. “Change in Law” means the occurrence of any of the following events after 222 the Effective Date, affecting the Parties’ responsive obligations or the performance of t heir respective 223 obligations under this Agreement (except for any payment obligations): (i) the enactment, adoption, 224 promulgation, amendment, repeal, judicial interpretation, or formal administrative interpretation of any 225 Applicable Law; (ii) the issuance of any order or judgment of any Federal, state, or local court or agency in a 226 proceeding to which a Party is a party, but not to the extent such order or judgment finds the Party asserting 227 there to have been a Change in Law to have been negligent or otherwise at fault; or (iii) the denial, suspension, 228 or termination of any government permit or other entitlement, but not to the extent such denial, suspension, 229 or termination is the result of any act or omission of the Party asserting there to have been a Change in Law. 230
1.23 City. “City” means the City of San Pablo, California, including any unincorporated areas of 231 the County that may be annexed by the City during the Initial Term and all extensions. 232
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1.24 City Collection Service. “City Collection Service” means City Clean -up Services, City 233 Garbage Collection Service, Bulky Waste Collection Services, City Organic Waste Collection Service, City 234 Recyclable Materials Service, and City-Sponsored Events Services as more partic ularly desc ribed 235 immediately below. 236
A. City Clean -up Services. On-call City requested Collection from Agreement 237 Administrator to support City services and operations. 238 B. City Garbage Collection Service. The Collection of Garbage, by Contractor, from 239 City Service Units in the Service Area, and the delivery of that Garbage to the Disposal Facility. 240 C. City Bulky Waste Collection Service. The periodic on-call Collection of Bulky Waste, 241 by Contractor, from City Service Units in the Service Area, and the delivery of that Bulky Waste to the 242 Disposal Facility, Materials Recovery Facility , or such other facility as may be appropriate under the terms 243 of this Agreement. 244
D. City Organic Waste Collection Service. The Collection of Organic Waste, by 245 Contractor, from City Service Units in the Service Area, and the delivery of those Organic Waste materials 246 to the Organic Waste Processing Facility. 247
E. City Recyclable Materials Service. The Collection of Recyclables Materials by the 248 Contractor from City Service Units in the Service Area, and the delivery of those Recyclable Materials to the 249 Materials Recovery Facility. 250
F. City-Sponsored Event Services. On-call Collection Services at City -Sponsored 251 Events. 252
1.25 City Facility. “City Facility(ies)” means any building or other site that the City owns, leases, 253 or occupies that are listed in Exhibit 2. 254
1.26 City Manager. “City Manager” means the City Manager of the City of San Pablo, or his or 255 her designated representative, or any employee of the City who succeeds to the duties and responsibilities 256 of the City Manager. 257
1.27 Collect and Collection and Collected. “Collect”, “Collection”, and “Collected” all refer to the 258 removal of Solid Waste from a Service Unit and transport ation to the Disposal Facility, Organic Waste 259 Processing Facility, Materials Recovery Facility, or Transfer Station, as appropriate. 260
1.28 Collection Container. “Collection Container” means a Bin, Cart, Debris Box or Roll -Off 261 Container that is approved by the Agreement Administrator for use by Service Recipients for Collection 262 Services under this Agreement. 263
1.29 Collection Services. “Collection Services” means Contractor’s obligations under this 264 Agreement to Collect Solid Waste within the Service Area. Collection Service includes Residential Collection 265 Service, Multi-Family Dwelling (MFD) Collection Service, Commercial Collection Service, and City Collection 266 Service. 267
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1.30 Collection Vehicle. “Collection Vehicle” means a licensed vehicle that has all required 268 licenses to provide Collection Service and that has been approved by the Agreement Administrator for use 269 under this Agreement. 270
1.31 Commencement Date. “Commencement Date” has the meaning specified in Section 2.01 271 of this Agreement. 272
1.32 Commercial Collection Service. “Commercial Collection Services” means Collection 273 Service provided to Commercial Service Units. Commercial Collection Service specifically includes the 274 following: 275
A. Commercial Garbage Collection Service. The Collection of Garbage by Contractor 276 from Commercial Service Units in the Service Area, and the delivery of that Garbage to the Disposal 277 Facility. 278
B. Commercial Organic Waste Collection Service. The Collection of Organic Waste, 279 by Contractor, from Commercial Service Units in the Service Area and the delivery of those Organic Waste 280 materials to the Organic Waste Processing Facility. 281 C. Commercial Recyclable Materials Collection Service. The Collection of Recyclable 282 Materials, by Contractor, from Commercial Service Units in the Service Area, and the delivery of those 283 Recyclable Materials to the Materials Recovery Facility. 284
1.33 Compactor. “Compactor” means any Collection Container which has a compaction 285 mechanism, whether stationary or mobile. 286
1.34 Compost. “Compost” means the act or product of the controlled biological decomposition 287 of Organic Wastes that are Source Separated or are separated at a centralized facility. Compost may also 288 include the product of anaerobic digestion or other conversion technologies. 289
1.35 Construction and Demolition Debris . “Construction and Demolition Debris ” means 290 discarded materials removed from Premises , resulting from construction, renovation, remode ling, repair, 291 deconstruction, or demolition operations on any pavement, house, commercial building, or other structure or 292 from landscaping. Such materials include, but are not limited to: “inert wastes” as defined in Public Resources 293 Code Section 41821.3(a)(1) (rock, concrete, brick, sand, soil, ceramics and cured asphalt) ; gravel; plaster; 294 gypsum wallboard; aluminum; glass; plastic pipe; roofing material; carpeting; wood; masonry; trees; remnants 295 of new materials, including paper, plastic, carpet scraps, w ood scraps, scrap metal, building materials, and 296 packaging; and rubble resulting from construction, remodeling, renovation, repair and demolition operations 297 on pavements, houses, commercial buildings, and other structures. 298
1.36 Consumer Price Index (CPI). “CPI” means both the index sets published by the United 299 States Department of Labor, Bureau of Labor Statistics and, more specifically, Consumer Price Index series 300 CUSR0000SEHG, Water and Sewer and Garbage Collection Services in U.S. city average, all urban 301 consumers, seasonally adjusted. 302
1.37 Container. “Container" means a Collection Container. 303
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1.38 Contaminant. “Contaminant” means any material or substance placed into or found in a 304 Collection Container, other than the type of Source Separated material for which that Collection Container is 305 intended or reserved. For example, anything that is not Recyclable Materials is a Contaminant if placed into 306 or found in a Recyclable Materials Collection Container. S imilarly, anything that is not Organic Waste is a 307 Contaminant if placed into or found in an Organic Waste Collection Container. 308
1.39 Contractor. “Contractor” means _________, which has entered into this Agreement. 309
1.40 County. “County” means Contra Costa County, California. 310
1.41 Customer. “Customer" means the owner, occupant , or user of Premises at which Solid 311 Waste is generated and then Collected by Contractor. Customers include Residential Customers, MFD 312 Customers, and Commercial Customers. City is also a receiver of Collection Services, but not a Customer. 313
1.42 Dispose or Disposal. “Disposal” or “Dispose” means the final disposition of Solid Waste at 314 a permitted landfill or other permitted Solid Waste Disposal facility, as defined in California Public Resources 315 Code Section 40192(b). 316
1.43 Disposal Facility. “Disposal Facility” means the permitted place or places listed in Exhibit 8 317 for the Disposal of Garbage or other materials as appropriate and acceptable. 318
1.44 Diversion or Divert. “Diversion” and “Divert” refer to the programs and activities that reduce 319 or eliminate the Disposal of Solid Waste in landfills, which can include source reduction, reuse, salvage, 320 Recyclable Materials, and Composting. 321
1.45 Diversion Compliance. “Diversion Compliance” means c ompliance with Diversion 322 requirements under the Act and applicable CalRecycle regulations. Should there be a Change in Law that 323 has a material effect on Contractor’s ability to achieve Diversion Compliance, Contractor may request a rate 324 adjustment pursuant to Section 30.02. 325
1.46 Dwelling Unit. “Dwelling Unit” means a building or part of a building designed for residential 326 use by a single independent housekeeping unit and having separate exterior access, toilet, and facilities for 327 cooking and sleeping. 328
1.47 Edible Food. “Edible Food” has the same meaning as found in Section 8.12.020 of the San 329 Pablo Municipal Code. Edible Food means food intended for human consumption. For purposes of this 330 Agreement, Edible Food is not Solid Waste if it is recovered and not di scarded. Nothing in this Agreement 331 requires or authorizes the recovery of food that does not meet the food safety requirements of the California 332 Retail Food Code. 333
1.48 Edible Food Recovery. “Edible Food Recovery” means the actions to Collect and distribute 334 Edible Food and distributing it to local food recovery organizations from places where it would otherwise go 335 to waste, such as, but not limited to, restaurants, grocery stores, produce markets, school cafeterias, or dining 336 facilities. 337
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1.49 Effective Date. “Effective Date of Agreement” shall mean the date on which the Agreement 338 is signed by the duly authorized representatives and the parties and delivered by the last of the parties to sign 339 and deliver. 340
1.50 Electronic Waste (E -Waste). “E-Waste” means electronic equipment such as stereos, 341 televisions, computers, and other similar items Collected from Single-Family Dwelling (SFD) Service Units or 342 MFD Service Units. 343
1.51 Exempt Waste. “Exempt Waste” consists of “Excluded Waste” as defined in 8.12.020 of 344 the San Pablo Municipal Code as well as Biohazardous or Biomedical Waste, Hazardous Waste, Sludge, 345 automobiles, automobile parts, boats, boat parts, boat trai lers, internal combustion engines, lead- acid 346 batteries, dead animals, and those wastes under the control of the Nuclear Regulatory Commission. 347
1.52 Food Waste. “Food Waste” means (1) food scraps , including all edible or inedible food 348 such as, but not limited to, fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, 349 bread, cheese, coffee grounds, and eggshells; and (2) food- soiled paper, which is compostable paper 350 material that has come in contact with food or liquid, such as, but not limited to, compostable paper plates, 351 paper coffee cups, napkins, and pizza boxes. Food Waste excludes fats, oils, and grease when such materials 352 are Source Separated from other Food Waste. 353
1.53 Franchise Fee. “Franchise Fee” means a payment that the Contractor has voluntarily 354 agreed to pay to City in consideration of the exclusive rights granted by the City under this Agreement. City 355 and Contractor acknowledge and agree that the amount of the Franchise Fee is the result of bona fide, arms-356 length negotiations between City and Contractor . Contractor further acknowledges and agrees that the 357 amount of the Franchise Fee represents the City’s costs associated with this Agreement and payment for use 358 of government property . Contractor is not required by this Agreement or any City ordinance, resolution, or 359 regulation to charge the Franchise Fee to Customers. Because the Franchise Fee represents a cost to 360 Contractor in performing services pursuant to this Agreement, Contractor may, in its sole discretion, include 361 an amount equal to the Franchise Fee in Contractor’s compensation. 362
1.54 Garbage. “Garbage” means all putrescible and non- putrescible solid, semi -solid, and 363 associated liquid waste generated or accumulated through the normal activities of a Premises. Garbage does 364 not include Recyclable Materials, Organic Waste, or Bulky Waste that is source- separated and set out for 365 purposes of Collection and Recycling. 366
1.55 Green Waste. “Green Waste” means grass clippings, leaves, landscape and pruning 367 waste, wood materials from trees and shrubs, and other forms of organic materials generated from 368 landscapes or gardens. 369
1.56 Gross Revenue. “Gross Revenue” means all monetary amounts actually Collected or 370 received by Contractor for the provision of all services pursuant to this Agreement, including, but not limited 371 to: all receipts from Service Recipients, inclusive of late charges, contamination charges, Franchise Fees, or 372 any other cost of doing business . “Gross Revenue”, for purposes of this Agreement, does not include 373 revenues generated from the sale of Recyclable Material, Compost, or energy; or grants, cash awards, State 374
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of California Department of Conservation payments, or rebates resulting from t he performance of this 375 Agreement. 376
1.57 Hazardous Waste. “Hazardous Waste” has the same meaning as set forth in Section 377
8.12.020 of the San Pablo Municipal Code. Hazardous Waste shall have the meaning set forth in California 378 Code of Regulations, Title 14 §17225. 32 and Health and Safety Code §25117, or successor laws and 379 regulations as may be amended from time to time. 380
1.58 Holiday. “Holiday” means New Year’s Day, President’s Day, Memorial Day, Independence 381 Day, Labor Day, Veterans Day, Thanksgiving Day, Christmas Day, and any other day recognized by 382 resolution of the City Council as a day on which waste Collection Service will not be provided until the following 383 day, excluding Sunday. 384
1.59 Home Compost Bin. “Home Compost Bin” means a portable durable Container purchased 385 by the Contractor and stored and distributed by the Contractor to SFD or MFD Service Recipients , as 386 requested, for use by those Service Recipients to Compost Organic Waste at their Premises. 387
1.60 Household Hazardous Waste (HHW). “HHW” means that waste resulting from products 388 purchased by the general public for household use which, because of its quantity, concentration, or physical, 389 chemical or infectious characteristics, may pose a substantial known or potential hazard to human hea lth or 390 the environment when improperly treated, Disposed, or otherwise managed, or, in combination with other 391 Solid Waste, may be infectious, explosive, poisonous, caustic, or toxic, or exhibit any of the characteristics of 392 ignitability, corrosivity, reactivity, or toxicity as per California Code of Regulations Title 22, Division 4.5, 393 Chapter 11, Section 66261.3. 394
1.61 Kitchen Food Waste Pail. “Kitchen Food Waste Pail” means a plastic receptacle with a 395 rated capacity not exceeding two and one- half (2.5) gallons , having a hinged lid, suitable for use in a SFD 396 Service Unit for temporary storage of SFD Organic Waste that is approved for such purpose by City. 397
1.62 Materials Recovery Facility. “Materials Recovery Facility” means the facility listed in Exhibit 398 8 to which Recyclable Materials are brought for separation into marketable Recyclable Materials. 399
1.63 Maximum Service Rate. “Maximum Service Rate” means t he maximum amount that 400 Contractor may charge Service Recipients for Solid Waste Collection, as listed in Exhibit 1, and as may be 401 adjusted in accordance with the provisions of this Agreement. The Maximum Service Rate does not include 402 any post-collection rate that may exist for Service Recipients for any post-collection services, including such 403 services as may be provided under one or more post-collection agreements. 404
1.64 Multi-Family Dwelling ( MFD) Collection Service. “MFD Collection Service” means 405 Collection Service that serves a Multi-Family Dwelling, and specifically includes the following: 406 A. MFD Garbage Collection Service. The Collection of Garbage, by Contractor, from 407 MFD Service Units in the Service Area, and the delivery of that Garbage to the Disposal Facility. 408 B. MFD Bulky Waste Collection Service. The periodic on- call Collection of Bulky 409 Waste, by Contractor, from MFD Service Units in the Service Area and the delivery of those Bulky Waste to 410
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the Disposal Facility, Materials Recovery Facility , or such other facility as may be appropriate under the 411 terms of this Agreement. MFD Bulky Waste Collection Service may include the Collection of Bulky Waste 412 using Roll-Off Containers. 413
C. MFD Organic Waste Collection Service. The Collection of Organic Waste, by 414 Contractor, from MFD Service Units in the Service Area, and the delivery of those Organic Waste materials 415 to the Organic Waste Processing Facility. 416
D. MFD Recyclable Materials Service. The Collection of Recyclables Materials by the 417 Contractor from MFD Service Units in the Service Area, and the delivery of those Recyclable Materials to 418 the Materials Recovery Facility. 419
1.65 Municipal Code. “Municipal Code” means the City of San Pablo Municipal Code. 420
1.66 Non-Collection Notice. “Non-Collection Notice” means a written notice approve d by the 421 Agreement Administrator that notifies a Service Recipient of the reason Contractor did not Collect Solid Waste 422 set out for Collection. 423
1.67 Organic Waste. “Organic Waste” has the same meaning as set forth in Section 8.12.020 424 of the San Pablo Municipal Code and means Food Waste, Green Waste, Wood Waste, and food-soiled paper 425 waste that is mixed in with Food Waste. Plastic bags, including compostable plastic bags, are not acc epted 426 in the City’s Organic Materials Collection program unless otherwise determined mutually by City and 427 Contractor. Paper products and printing and writing paper, each as defined in SB 1383, may be placed in 428 either the Recyclable Materials Container or t he Organic Waste Container. Carpet and textiles, as well as 429 compostable plastic materials, may not be placed in either the Recyclable Materials Container or the Organic 430 Waste Container. 431
1.68 Organic Waste Collection Service. “Organic Waste Collection Service” m eans the 432 Collection of Organic Waste from Service Units , and the delivery of those Organic Waste materials to the 433 Organic Waste Processing Facility. 434
1.69 Organic Waste Processing Facility. “Organic Waste Processing Facility” means the facility 435 designed, operated, and legally permitted for the purpose of receiving and processing Food Waste, Green 436 Waste, and Organic Waste listed in Exhibit 8. 437
1.70 Overage. “Overage” means Solid Waste set out for Collection either on top of or outside of 438 a Container or in any manner that either prevents the Container lid from completely closing or potentially 439 causes Solid Waste to spill during Collection by Contractor’s vehicles. 440
1.71 Premises. “Premises” means any land or building in the City where waste is generated or 441 accumulated. 442
1.72 Prohibited Container Contaminants. “Prohibited Container Contaminants” means any of 443 the following, but does not include Organic Waste specifically allowed for Collection in a Container that is 444 required to be transported to a high Diversion Organic Waste processing facility if the waste is specifically 445 identified as acceptable for Collection in that Container in a manner that complies with the requirements of 446
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14 CCR Section 18984.1, 18984.2, or 18984.3: (A) Non -Organic Waste placed in a Collection Container 447 designated for Organic Waste provided pursuant to 14 CCR Section 18984.1 or 18984.2; (B) Organic Wastes 448 that are carpet, hazardous Wood Waste, or non-compostable paper placed in the Collection Container that 449 is part of an Organic Waste Collection Service provided pursuant to 14 CCR Section 18984.1 or 18984.2; (C) 450 Organic Wastes placed in a Collection Container designated for Garbage, that pursuant to 14 CCR Section 451 18984.1 or 18984.2 were intended to be Collected separately in a Collection Container designated for Organic 452 Waste or Recyclable Materials; (D) Organic Wastes placed in the Collection Container designated for 453 Recyclable Materials shall be considered Prohibited Container Contaminants when those wastes were 454 specifically identified in this Agreement, or through local ordinance for Collection in the Container designated 455 for Organic Waste, or mutually agreed to and promulgated by the City and Contractor. Paper products, 456 printing and writing paper, wood , and dry lumber may be considered acceptable and not considered 457 Prohibited Container Contaminants if they are placed in Collection Container designated for Recyclable 458 Materials; and (E) Exempt Waste placed in any Collection Container. 459
1.73 Quarter. “Quarter” means a three-month period during a calendar year. The first Quarter is 460 January through March. The second Quarter is April through June. The third Quarter is July through 461 September. The fourth Quarter is October through December. 462
1.74 Rate Year. “Rate Year” means the period of July 1 to June 30 for each year during the 463 Term of this Agreement. 464
1.75 Recyclable Materials. “Recyclable Materials ” means those materials that are separated 465 from Solid Waste prior to Disposal to be recycled, consistent with the requirements of the Act. Recyclable 466 Materials that can be placed in the Recyclable Materials Container are listed in Exhibit 11, and the term also 467 includes any other items determined by the Agreement Administrator. 468
1.76 Recycling. “Recycling” means the process of Collecting, sorting, cleansing, treating, and/or 469 marketing Recyclable Materials that would otherwise become Garbage, and returning them to the economic 470 mainstream in the form of raw material for new, reused, or reconstituted product s which meet the quality 471 standards necessary to be used in the marketplace. The Collection, transportation, or Disposal of Solid Waste 472 not intended for, or capable of, reuse is not Recycling. “Recycling” does not include transformation as defined 473 in Public Resources Code Section 40201. Paper products and printing and writing paper, each as defined in 474 SB 1383, may be placed in either the Recyclable Materials Container or the Organic Waste Container. Carpet 475 and textiles, as well as compostable plastic materials , may not be placed in either the Recyclable Materials 476 Container or the Organic Waste Container. 477
1.77 Residential Collection Service. “Residential Collection Service” means ongoing regularly 478 scheduled Collection of Solid Waste by an Exclusive Franchise from Residential Service Units and MFD 479 Service Units, and the delivery of that Solid Waste to the Disposal Facility, Materials Recovery Facility, and/or 480 Organic Waste Processing Facility. 481
1.78 Residential Premises. “Residential Premises” means: (i) any building or structure, or 482 portion thereof, that is used for residential housing purposes and has four (4) or fewer distinct living units; and 483
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(ii) any multiple-unit residential complex which, with th e prior written approval of the City Manager, receives 484 Solid Waste Collection using standard residential Containers. 485
1.79 Roll-Off Container. “Roll-Off Container” means a metal Container with a capacity of ten 486 (10) or more cubic yards that is normally loaded onto a specialized Collection vehicle and transported to the 487 appropriate facility. 488
1.80 SB 1383. “SB 1383” means State of California Senate Bill 1383, Short-lived Climate 489 Pollutants: Organic Waste Reductions, approved September 19, 2016, and the regulations implementing the 490 law, Title 14, Code of California Regulations (CCR), Chapter 12. 491
1.81 SB 54. “SB 54” means State of California Senate Bill 54, Plastic Pollution Prevention and 492 Packaging Producer Responsibility Act, approved June 30, 2022, and the regulations implementing the law, 493 adding Chapter 3 within Part 3 of Division 30 of the California Public Resources Code. 494
1.82 Self-Haul. “Self-Haul” means the Collection of Solid Waste by the resident, owner, or 495 occupant of the Premises on which the Solid Waste was generated , pursuant to a City-issued permit and in 496 accordance with the requirements of the Municipal Code. 497
1.83 Service Area. “Service Area” means that area within the city limits of the City of San Pablo 498 designated by City as the Service Area. 499
1.84 Service Recipient. “Service Recipient” means an individual or entity receiving Collection 500 Service. Service Recipient and Customer are used interchangeably depending on context. 501
1.85 Service Unit. “Service Unit” means a single subscriber to Contractor’s Solid Waste 502 Collection. Service Unit specifically includes the following: 503 A. City Service Unit. City Facility(ies) that utilize a Bin, Cart, or Roll-Off Container(s) 504 for the accumulation and set-out of Solid Waste. City Service Units are the properties set forth in Exhibit 2 505 and may be modified by written notice to Contractor by the City. 506 B. Commercial Service Unit. All retail, professional, wholesale, and industrial 507 facilities, as well as other commercial enterprises offering goods or services to the public , that utilize a 508 Garbage Bin, Cart, Compactor, or Roll-Off Container for the accumulation and set-out of Commercial 509 Solid Waste. 510
C. Multi-Family Dwelling (MFD) Service Unit. “Multi-Family Dwelling” and “MFD” shall 511 mean any building or structure, or portion thereof, including but not limited to Mobile Home Parks, used 512 for residential purposes, and having five (5) or greater distinct living units. A MFD Service Unit refers to 513 any Multi-Family Dwelling Unit in the Service Area utilizing a Cart for the accumulation and set out of 514 Solid Waste originating from MFD Residential Premises. 515
1.86 Single-Family Dwelling (SFD) Service Unit. “Single-Family Dwelling” and “SFD” shall mean 516 any building or structure, or portion thereof , including but not limited to Mobile Home Parks, used for 517 residential purposes, and having four (4) or fewer distinct living units. A SFD Service Unit refers to any Single-518
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Family Dwelling Unit in the Service Area utilizing a Cart for the accumulation and set out of Solid Waste 519 originating from SFD Residential Premises. The term SFD Service Unit is inclusive of all SFD Dwelling Units 520 regardless of how many SFD Dwelling Units sit on a single parcel; though multiple Dwelling Units may exist 521 on one parcel, to the extent that one SFD Dwelling has four (4) or fewer distinct living units, it shall be treated 522 as a SFD Service Unit. 523
1.87 SFD Collection Service. “SFD Collection Service” means SFD Garbage Collection Service, 524 SFD Recyclable Materials Service, SFD Organic Waste Collection Service, and SFD Bulky Waste Collection 525 Service. 526
A. SFD Garbage Collection Service. The Collection of Garbage, by Contractor, from 527 SFD Service Units in the Service Area, and the delivery of that Garbage to the Disposal Facility. 528 B. SFD Bulky Waste Collection Service. The periodic on- call Collection of Bulky 529 Waste, by Contractor, from SFD Service Units in the Service Area, and the delivery of those Bulky Waste 530 to the Disposal Facility, Materials Recovery Facility, or other such facility as may be appropriate under the 531 terms of this Agreement. SFD Bulky Waste Collection Service does not incl ude the Collection of Bulky 532 Waste using Roll-Off Containers. 533
C. SFD Organic Waste Collection Service. The Collection of Organic Waste, by 534 Contractor, for SFD Service Units in the Service Area , and the delivery of those Organic Waste Materials 535 to the Organic Waste Processing Facility. 536
D. SFD Recyclable Materials Service. The Collection of Recyclable Materials , 537 including dry-cell household batteries when set out by the Service Recipient in heavy duty plastic bags 538 and placed on the Recyclable Materials Cart, by the Contractor from SFD Service Units in the Service 539 Area the delivery of those Recyclable Materials to the Materials Recovery Facility. 540
1.88 Single-Family Dwelling or SFD. “Single-Family Dwelling” or “SFD” means any residential 541 Premises with four (4) or fewer single attached Dwelling Unit s, each designed for use by one bona fide 542 housekeeping group. 543
1.89 Sludge. “Sludge” means the accumulated solids, residues, and precipitates generated as 544 a result of waste treatment or processing, including wastewater treatment, water supply treatment, or 545 operation of an air pollution control facility, as well as mixed liquids and solids pumped from septic tanks, 546 grease traps, privies, or similar disposal appurtenances , or any other such waste having similar 547 characteristics or effects. 548
1.90 Solid Waste. “Solid Waste” means all putrescible and non-putrescible solid, semisolid, and 549 liquid wastes, includ ing Garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and 550 construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, 551 dewatered, treated, or chemically fixed sewage S ludge which is not Haz ardous Waste, vegetable or animal 552 solid and semisolid wastes, and other discarded solid and semisolid wastes, as set forth in California Public 553 Resources Code Section 40191(a)(b), as amended from time to time. Solid Waste includes Recyclable 554 Materials but does not include (1) Hazardous Waste; (2) radioactive waste regulated pursuant to the Health 555
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and Safety Code Section 114960 et seq.; and (3) medical waste regulated pursuant to the Health and Safety 556 Code Section 117600 et seq. 557
1.91 Solid Waste Collection. “Solid Waste Collection” means the Collection of Garbage, 558 Recyclable Materials, and Organic Waste within the corporate limits of City, and the transportation of such 559 material to appropriate places for processing, Recycling, Composting, and/or Disposal. 560
1.92 Source Separated. “Source Separated” means materials that have been kept separate in 561 the Solid Waste stream, at the point of generation, for the purpose of additional sorting or processing in order 562 to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted 563 products, which meet the quality standards necessary to be used in the marketplace, or as otherwise defined 564 in 14 CCR Section 17402.5(b)(4). 565
1.93 Source Reduction and Recycling Element (SRRE). “SRRE” means a formal planning 566 document that demonstrates how the City will comply with the Act’s Diversion goals. 567
1.94 Term. “Term” means the time period or duration for which the Agreement is in effect. 568
1.95 Tier One Commercial Edible Food Generator. “Tier One Commercial Edi ble Food 569 Generator”, defined within SB 1383, means a commercial Edible Food generator that has an SB 1383 570 compliance deadline of January 1, 2022. Tier One Generators may include supermarkets; grocery stores with 571 a total facility size equal to or greater than 10,000 square feet; food service providers that serve institutional, 572 governmental, commercial, or industrial locations; food distributors; and/or wholesale food vendors. 573
1.96 Tier Two Commercial Edible Food G enerator. “Tier Two Commercial Edible Food 574 Generator”, defined within S B 1383, means a commercial Edible Food generator that has an SB 1383 575 compliance deadline of January 1, 2024. Tier Two Generators may include restaurants with 250 or more 576 seats or a total facility size equal to or greater than 5,000 square feet; hotels with an on- site food facility and 577 200 or more rooms; health facilities with an on- site food facility and 100 or more beds; large venues 578 (permanent venue facilities that annually seat or serve an average of more than 2,000 individuals within the 579 grounds of the facility per day of operation); large events ( events that serve an average of more than 2,000 580 individuals per day of operation of the event, at a location that includes, but is not limited to, a public, nonprofit, 581 or privately owned park, parking lot, golf course, street system, or other open space when being used for an 582 event); state agencies; and/or local education agencies. 583
1.97 Transfer Station. “Transfer Station” means the place or places listed in Exhibit 8 for 584 conveyance of Solid Waste Collected by Contractor into larger vehicles prior to transportation of the Solid 585 Waste to the Disposal Facility or Processing Facility. 586
1.98 Unicycling. “Unicycling” means a method of separating trash and Recyclable Materials in 587 a single Collection Container. Garbage materials are Collected in bags and deposited into the Collection 588 Container, and Recyclable Materials are deposited into the Collection Container loose and unbagged. 589
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1.99 Universal Waste or U -Waste. “Universal Waste” or “U-Waste” means electronic devices, 590 dry-cell batteries, non- empty aerosol cans, fluorescent lamps, fluorescent bulbs, mercury thermostats, and 591 other mercury-containing equipment. 592
1.100 Waste. “Waste” means the useless, unused, unwanted, or discarded material and debri s 593 resulting from normal residential and commercial activity or materials which, by their presence, may injuriously 594 affect the health, safety, and comfort of persons or depreciate property values in the vicinity thereof. 595
1.101 Waste Generator. “Waste generator” means any person, as defined by the most current 596 version of the Public Resources Code, whose act or process produces Solid Waste as defined in that same 597 code, or whose act first causes Solid Waste to become subject to regulation. 598
1.102 Workday. “Workday” means any day, Monday through Saturday, that is not a Holiday as 599 set forth in this Agreement. 600
1.103 Wood Waste. “Wood Waste” means Solid Waste consisting of stumps, large branches, 601 tree trunks, and wood pieces or particles that are generated from the manufacturing or production of wood 602 products; harvesting, processing, or storage of raw wood materials; or Construction and Demolition activities. 603 Article 2. Term of Agreement 604
2.01 Term of Agreement. The Term of this Agreement will be for a fifteen (15) year period 605 beginning July 1, 2025, and terminating on June 30, 2040 . Contractor shall commence performance of its 606 Solid Waste Collection obligations under this Agreement on July 1, 2025 (“Commencement Date”). 607
2.02 Optional Extension of Term. City may, in its sole discretion, grant Contractor two additional 608 five (5) year extensions of the Term. The City may decline to negotiate an extension of the Term if the following 609 preconditions are not satisfied; (1) Contractor is not then in default of any material term or condition of the 610 Agreement; (2) Contractor has paid City on time all required fees associated with Agreement; or (3) Contractor 611 must request the Optional Extension of Term by October 1, 2038, in order to be eligible for the first extension, 612 and by October 1, 2043, to be eligible for the second extension. City shall consider performance standards 613 and the results of performance reviews, as outlined in Article 17, in decisions regarding extension of term. 614 Article 3. Conditions Governing Services Provided by Contractor 615
3.01 Grant of Exclusive Agreement. City hereby grants to Contractor, on the terms and 616 conditions set forth herein, including the limitations set forth in Sections 3.02 and 3.03, the exclusive franchise, 617 right, and privilege to collect, remove, and dispose of, in a lawful manner, Solid Waste, Recyclable Materials, 618 and Organic Materials accumulating in the City’s Service Area and offered for Collection to the Contractor in 619 accordance with Applicable Law, for the Term of and within the scope set forth in this Agreement. 620
3.02 Recyclable Materials, Organic Waste, and Bulky Waste Discarded by Service Recipients. 621 This Agreement shall not prohibit any Service Recipient from selling Recyclable Materials or Organic Waste 622 or giving Recyclable Materials or Organic Waste away to persons or entities other than Contractor. However, 623 in either instance: (1) the Recyclable Materials and Organic Waste must be Source Separated from and not 624
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mixed with other Solid Waste; and (2) the seller/donor may not pay the buyer/donee any consideration for 625 Collecting, processing, or transporting such Recyclable Materials or Organic Waste. A discount or reduction 626 in the price for Collection, Disposal, and/or Recycling services for any form of un- segregated or segregated 627 Solid Waste is not a sale or donation of Recyclable Materials or Organic Waste, and such Solid Waste does 628 not qualify for this exception. However, once the Recyclable Materials or Organic Waste have been placed 629 in the Collection Container and the Container set out for Collection, the Recyclable Materials or Organic 630 Waste become the property of Contractor and cannot be sold or donated. 631
3.03 Exclusions to Exclusivity. 632
3.03.1 Specialized Recyclable Materials. If Contractor expressly advises City in writing that 633 it is unable or unwilling to Collect and process for specific Diversion, after being provided the opportunity in 634 writing to provide the specific service, specialized materials as described in this Section, and a third party is 635 able to reuse or Recycle one or more of these materials, Service Recipients shall have the right to engage 636 the third-party recycler to Collect and Recycle those Source-Separated Recyclable Materials, provided that 637 the Diversion is verified by the City. These specialized materials shall include, but are not limited to, Organic 638 Waste, metals, Construction and Demolition Debris, laboratory waste, pallets, clothing, shoes, textiles, and 639 plastic. 640
3.03.2 Recyclable Materials Sold By Commercial Generator . If the Waste Generator at a 641 Commercial Service Unit has Source Separated Recyclable Material, the Waste Generator is entitled to sell 642 that Recyclable Material or be otherwise compensated in a manner resulting in a net positive payment to the 643 Waste Generator, when such collector is permitted as appropriate under the City Municipal Code. 644
3.03.3 Byproducts of F ood and Beverage Processing. Under AB 3036 (2018), certain 645 byproducts from the processing of food or beverages from agricultural or industrial sources, provided they 646 do not include animal, including fish, processing byproducts, they are S ource-Separated, they are not 647 discarded (meaning the generator may not pay the recipi ent any consideration, or accept a discount or 648 reduction in price for Collecting, processing, or transporting such material) , and they are used as animal 649 feed, are exempted from this Exclusive Franchise Agreement. Entities requesting exemption must apply t o 650 the City and be any of the following: registered pursuant to Section 110460 of the Health and Safety Code 651 or be exempted from registration pursuant to Section 110480 of the Health and Safety Code or be a beer 652 manufacturer as defined in Section 23012 of t he Business and Professions Code, or be a distilled spirits 653 manufacturer, as defined in Section 23015 of the Business and Professions Code. 654
3.03.4 Donated Solid Waste. Recyclable Materials, Organic Waste, or Bulky Waste which 655 is Source Separated at any Premises by the waste generator and donated to youth, civic , or charitable 656 organizations qualified as such pursuant to Federal law. 657
3.03.5 Gardening or Landscape Services. Green Waste removed from a Premises by a 658 gardening, landscaping, or tree tr imming company as an incidental part of a total service offered by that 659 company rather than as a hauling service. 660
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3.03.6 Self-Haul. Service Recipients may choose to Self-Haul Solid Waste to Disposal or 661 Processing Facilities, to the extent authorized by the Municipal Code. 662
3.03.7 Materials Generated or Accumulated During An Emergency or Disaster. During an 663 emergency or disaster, as determined by City in its sole discretion, City may enlist additional contractors or 664 other entities in the Collection , transportation, and/or Disposal of any and all types of materials that are 665 generated or accumulated. In particular, the City may choose to pursue reimbursement of disaster services 666 through the Federal Emergency Management Agency (FEMA), which would require that the associated 667 disaster services be secured via a competitive bidding process. Contractor shall not be prohibited by any 668 part of this Agreement from participating in this competitive bidding process, but City shall be free to put 669 services associated with declared disasters out to bid in accordance with FEMA requirements and enlist 670 additional contractors based on the results of that process. 671
3.04 Responsibility for Service Billing and Collection. Contractor is responsible for the billing 672 and collection of payments for Solid Waste Collection within the Service Area. 673 Article 4. Franchise Fees and Payments 674
4.01 Contractor’s Payments to City. The Parties agree that all fees and any payments owed by 675 Contractor to City under this Agreement are the product of extensive negotiations and constitute valid 676 consideration for the rights and privileges granted to Contractor under this Agreement. 677
4.02 Reimbursement for the Cost of Procurement /Negotiation Process. Contractor shall 678 reimburse the City a one-time fee of One Hundred and Fifty Thousand Dollars ($150,000) for the cost of the 679 Franchise Agreement solicitation, evaluation, negotiation, and award process. This fee shall be due and 680 payable on the thirtieth (30th) day after the Effective Date of the Agreement. This fee shall not be recoverable 681 via Contractor’s Collection Services Rates or any other form of compensation under this Agreement. 682
4.03 Monthly Fees and Payments. The following monthly fees and payments shall be due and 683 payable on the twentieth day of the month following the end of each month for which Solid Waste Collection 684 was provided, with the first such payment being due on August 20, 2025. The City Council may adjust the 685 Monthly Fees by resolution, in which case Contractor shall be entitled to an adjustment to Maximum Service 686 Rates as a City-directed change in accordance with Section 30.01. The Monthly Fees shall be accompanied 687 at the time of payment by a written report, in a format acceptable to the City, setting forth the calculations 688 Contractor used to determine the amount due and the basis for those calculations. Figures used in the report 689 shall be taken from Contractor’s general books of account, and Contractor shall retain all supporting 690 documentation in accordance with the records retention requirements in Section 23.01. 691
4.03.1 Franchise Fee. Contractor shall pay to City a Franchise Fee set by City Council 692 resolution or ordinance. The Franchise Fee shall be due and payable monthly within twenty (20) days 693 following the end of each month. If payment is not received within said twenty (20) day period, interest shall 694 accrue thereon at the maximum interest rate permitted under California law, but not to exceed ten (10) 695 percent per annum. Any such fee shall have prospective effect only; provided, however, that should any 696
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adjustment be given retroactive effect, the applicable Franchise Fee shall, in the Council's discretion, also 697 be given such effect. 698
4.04 Adjustments to Fees. City may set other fees or adjust the fees established in this Article 699 from time to time during the Term of this Agreement , and such adjustments and any Franchise Fee 700 adjustments shall be included in the adjustment of Maximum Rates as described in Exhibit 1. 701
4.05 Time and Method of Payment. Contractor shall pay all amounts owed under this Article 702 without prior notice or demand and without abatement, deduction, offset , or credit in lawful money of the 703 United States, on or before the applicable due date, unless the due date lands on a weekend or Holiday, in 704 which case the due date shall be the next Business Day. If sent by U.S. mail, the remittance must be post -705 marked on or before the due date. If hand-delivered, Contractor must request and receive a date-stamped 706 receipt from the City by 5:00 p.m. Pacific Time (PT) on the due date. 707
4.06 Franchise Fee Disputes. In the event of any disputes between the Contractor and the City 708 with respect to the fees described in this Article, the City shall provide the Contractor with written objection 709 within one hundred eighty ( 180) days of the receipt of the written report described in Section 4.03, 710 encompassing the dispute amount. The City shall state its objections in writing with reference to the applicable 711 portion(s) of the report and its reasons then known for its dispute. The Parties agree to meet and confer 712 regarding any such dispute. 713
4.07 In the event any City imposed fee (hereinafter “CIF”) is determined by a court to be 714 excessive, invalid, or unenforceable, then: (i) Contractor shall not charge or collect the future portion of such 715 CIF; (ii) to the extent the Customers are entitled to a reimbursement of any portion of such CIF, and City is 716 required to reimburse Contractor in the amount of such CIF previously remitted to City, thereafter, Contractor 717 shall directly reimburse all Customers entitled to reimbursement in the amount attributable to each Customer 718 account. In no event shall Contractor retain any portion of the fees re imbursed by City; (iii) to the extent the 719 Customers are entitled to a reimbursement of such CIF, and City is required by a court to directly reimburse 720 Customers, Contractor shall assist City in identifying all Customers entitled to a reimbursement, quantifying 721 the reimbursement amount attributable to each Customer account, and obtaining and prov iding to City any 722 other information needed to satisfy the obligations imposed by a court; and (iv) City and Contractor will, within 723 thirty (30) days following such court decision, meet and confer to negotiate in good faith and using reasonable 724 efforts to attempt to agree on modifications to the Agreement. 725 Article 5. General Requirements 726
5.01 Service Standards. Contractor must perform all Solid Waste Collection under this 727 Agreement in a th orough and professional manner as described in Article 25, while meeting the minimum 728 performance and Diversion standards listed in Article 17, according to the Sustainability and Compliance Plan 729 (Exhibit 9) developed by the Contractor and approved by the City. 730
5.02 Labor and Equipment. Contractor must provide and maintain all labor, equipment, tools, 731 facilities, and personnel supervision required for the performance of Contractor’s obligations under this 732 Agreement. Contractor must always have sufficient backup equipment and labor to fulfill Contractor ’s 733
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obligations under this Agreement. No compensation for Contractor’s services or for Contractor’s supply of 734 labor, equipment, tools, facilities, or supervision will be provided or paid to Contractor by City or by any Service 735 Recipient except as expressly provided by this Agreement. 736
5.03 Holiday Service. The City observes New Year’s Day, Martin Luther King Jr. Day, 737 Presidents’ Day, Memorial Day, Juneteenth, Independence Day, Labor Day, Columbus/Indigenous Peoples 738 Day, Veterans Day, Thanksgiving Day, and Christmas Day as legal Holidays. Contractor is not required to 739 provide Solid Waste Collection or maintain office hours on the designated Holidays. In any week in which one 740 of these Holidays falls on a Workday, SFD Collection Services for the Holiday and each Workday thereafter 741 will be delayed one Workday for the remainder of the week , with normally scheduled Friday SFD Collection 742 Services being performed on Saturday. Commercial Collection Services will be adjusted as set forth in Article 743 12, but must meet the minimum frequency requirements of one (1) time per week. Solid Waste Collection will 744 not take place on Sundays, unless previously authorized by the Agreement Administrator. 745
5.04 Inspections. The City has the right to inspect Contractor’s facilities or Collection Vehicles 746 and their contents used to provide services pursuant to this Agreement at any reasonable time while operating 747 inside or outside the City without advance notice to the Contractor. 748
5.05 Commingling of Materials. 749
5.05.1 SFD Materials Collected i n San Pablo. Except as expressly provided herein, 750 Contractor may not at any time commingle any SFD materials Collected pursuant to this Agreement with 751 any other material Collected by Contractor inside or outside the City of San Pablo without the express prior 752 written authorization of the Agreement Administrator. 753
5.05.2 Commercial Garbage Materials Collected in San Pablo. Contractor may commingle 754 Commercial Garbage materials Collected pursuant to this Agreement with other materials Collected outside 755 the City of San Pablo, provided that Contractor tracks the tonnage of Commercial material Collected inside 756 the City of San Pablo separately using a City-approved allocation methodology. Changes to the allocation 757 methodology may only be made with the express prior written authorization of the Agreement Administrator. 758 By executing this Agreement, City approves of Contractor’s current methodology. 759
5.05.3 Recyclable Materials. Subject to Sections 10.09.1, 11.08.3, and 12.06.4, Contractor 760 may not at any time commingle SFD or Commercial Recyclable Materials Coll ected pursuant to this 761 Agreement with any other material type Collected by Contractor without the express prior written 762 authorization of the Agreement Administrator. 763
5.05.4 Organic Waste. Subject to Sections 10.10.3, 11.09.5, and 12.07.6, Contractor may 764 not at any time commingle SFD or Commercial Organic Waste Collected pursuant to this Agreement with 765 any other material type Collected by Contractor , without the express prior written authorization of the 766 Agreement Administrator. 767
5.05.5 Commingled Garbage and Rec yclables. Only in special circumstances in which 768 separate Collection Containers pose a challenge due to space or logistical constraints, and with prior written 769
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authorization of the Agreement Administrator, Contractor may Collect Commercial Garbage and Recyclable 770 Materials in the same Collection Container, using a Split-bin or Unicycling, for the purposes of processing 771 Recyclable Materials for Diversion. 772
5.06 Recyclable Materials and Organic Waste Contamination. Contractor must offer the Service 773 Recipients the correct combination of Cart and Bin sizes and Collection frequency beyond the minimum 774 bundled service requirements , as necessary, that matches their unique service needs to reduce 775 contamination of Recyclable Materials and Organic Waste, and to provide service at the least cost to Service 776 Recipient. To support City’s Diversion goals and Contractor’s Diversion Requirements as set forth in Article 777 8, Contractor is only required to Collect and process Recyclable Materials if they have been separated by the 778 Service Recipient from Garbage and Organic Waste and will only be required to Collect Organic Waste if it 779 has been Source Separated by the Service Recipient from Garbage and Recyclable Materials. 780 As part of Contractor ’s Public Education Services under Section 20.02, Contractor has agreed to provide 781 outreach and support to Service Recipients as described in the Contractor’s Sustainability and Compliance 782 Plan provided as Exhibit 9 and the Education and Outreach Plan provided as Exhibit 10 . Additionally, 783 Contractor’s route Collection personnel will report to Contractor ’s supervisors if they observe potential 784 contamination problems and/or insufficient Collection capacity. For purposes of determining if Recyclable 785 Materials or Organic Waste are deemed to be contaminated, if, by visual or digital inspection, Recyclable 786 Materials are commingled with ten percent (10%) by weight or volume of Garbage or Organic Waste, or if, by 787 visual inspection, Organic Waste is commingled with three percent (3%) by volume of Garbage or Recyclable 788 Materials, then Recyclable Materials and/or Or ganic Waste will be deemed to be contaminated and 789 Contractor may take the following steps: 790
5.07 Violations by Service Recipients. The following provisions will apply to all Commercial, 791 MFD, and SFD Service Recipients. An occurrence is defined as an event of contamination in one day, 792 meaning that two occurrences cannot occur on the same day. 793
5.07.1 Two-Month Contamination Education Period. For the first two months following 794 commencement of this Agreement, all Service Recipients will be provided educational materials and 795 instructions on methods to properly source separate generated materials within the appropriate Collection 796 Containers and pr event contamination for a particular Container (i.e., Recyclable Materials or Organic 797 Waste). During this two- month contamination education period, Contractor must Collect the contaminated 798 Container (as the Container’s intended commodity ) and must affix to the contaminated Container a 799 Contamination Violation Notice which contains instructions on the proper procedures for sorting Recyclable 800 Materials or Organic Waste, and must notify the Service Recipient by phone, U.S. mail, email, or in person 801 (which may be a Container tag that meets SB 1383 requirements), that for any subsequent incidents of 802 excess contamination following this two-month contamination education period, the Service Recipient may 803 be charged a contamination fee for the contaminated Container, and Contractor may increase the Collection 804 Container size, or require an additional Collection Container. Contractor’s representative must also contact 805 the Service Recipient by phone, U.S. mail, email, or in person (which may be a Container tag that meets SB 806 1383 requirements) to ensure that they have the appropriate level of service for proper Collection of 807 Recyclable Materials and/or Organic Waste. Contractor must also document the contamination issue and 808 provide digital/visual documentation to the Service Recipient that clearly documents the Service Recipient’s 809
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on-going contamination problems. For each new service account that is created during the term of this 810 Agreement, that Service Recipient will also be given a two- month contamination education period prior to 811 the assessment of a contamination fee for the contaminated Container. The procedures for such 812 contamination education period associated with the establishment of a new service account will follow those 813 previously described in this Section during the first two months of the account contract’s commencement. 814
5.07.2 Occurrences After the Two- Month Contamination Education Period. Upon 815 conclusion of the two- month contamination education period for a Service Recipient, if Contractor 816 encounters a contaminated Container (i.e., Recyclable Materials or Organic Waste), Contractor must Collect 817 the contaminated Container (as the Container’s intended commodity) and must charge the Service Recipient 818 a contamination fee as set forth in Exhibit 1. Contractor must continue providing the Recyclable Materials or 819 Organic Waste Collection Services. Contractor must provide (or have provided) digital/photographic 820 documentation to the Service Recipient that clearly documents the Service Recipient’s on- going 821 contamination problems and written Notices of contamination as described above. Contractor may increase 822 the Container size or Collection frequency and impose a contamination surcharge on the account for a period 823 of six months or until the Service Recipient has demonstrated no contamination for a period of three 824 consecutive months. Contractor must document contamination issue and surcharge and notify City within 825 five (5) Business Days if Contractor increases the Container size or Collection frequency for excessive 826 contamination or imposes the contamination surcharge on the account. City will consult with Contractor and 827 consider and pursue, as applicable, appropriate legal remedies against offending Service Recipients to 828 secure discontinuance of the contamination. 829
5.08 Tracking Occurrences of Contamination. Regarding Section 5.07, each Contamination 830 occurrence is tracked annually per Calendar Year. Where contamination is occurring, and occurrences are 831 consecutive and unremedied, their count shall continue across Calendar Years until remedy occurs. 832
5.09 Disputes Over Excess Contamination Charges. If Service Recipient disputes a 833 contamination charge (which must be within thirty (30) days of them being assessed), Contractor will 834 temporarily halt any contamination charge and/or increased Maximum Service Rate resulting from increasing 835 the Collection Container size, or Collection frequency, and Contractor may request a ruling by the City 836 Manager to resolve the dispute. During the pendency of any request, Contractor may restore Container size 837 or number, or Collection frequency to the prior levels. A request by Contractor to the City Manager to rule on 838 any such dispute must be filed within ten (10) Business Days of Contractor’s halting of contamination charge, 839 or increased Maximum Rate, and must include written documentation and digital/visual evidence of ongoing 840 overall problems. The City Manager may request a meeting (in person or pho ne) with both the Service 841 Recipient and Contractor to resolve the dispute. Following such a meeting, the City Manager will rule on the 842 dispute within ten (10) Business Days, and the City Manager’s decision on resolving the dispute between 843 Contractor and Service Recipient will be final. If the City Manager rules in favor of the Service Recipient, 844 Contractor will credit the disputed contamination charges or increased Maximum Service Rate. If the City 845 Manager rules in favor of Contractor, Contractor may charge Service Recipient the prior halted contamination 846 charge and/or increased Maximum Service Rate resulting from increasing the Collection Container size or 847 Collection frequency and may follow the steps in Section 7.08 for collection of delinquent accounts. 848
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5.10 Overage and Correction Procedures. Contractor shall provide the Service Recipients the 849 correct combination of Collection Containers and Collection frequency that matches each Service Recipient’s 850 unique service needs to enable clean, efficient, and cost -effective Collection of Solid Waste, Recyclable 851 Materials, and Organic Waste. City and Contractor agree that overflow of Solid Waste that is not prop erly in 852 the Service Recipient ’s Solid Waste Collection Containers negatively impact s public health and safety. 853 Contractor has also agreed to conduct Recycling audits and provide outreach and support to Service 854 Recipient accounts receiving the correct service level. However, if Service Recipients are found to habitually 855 overflow their Solid Waste Collection Containers (i.e., lid will not close, and/or material n ot contained within 856 Container), Contractor may take the steps listed below to correct Service Recipient’s on- going overflow of 857 Solid Waste. 858
5.10.1 Prior Arrangements f or Collection. If the Service Recipient has made prior 859 arrangements with Contractor for Collection of Solid Waste Overages, Contractor must Collect such 860 Overages as arranged, and may charge the Service Recipient the Solid Waste Overage fee (prior 861 arrangement) set forth in Exhibit 1. 862
5.10.2 No Prior Arrangements. If the Service Recipient has not made prior arrangements 863 with Contractor for Collection of Solid Waste Overage, (i) Contractor may Collect such Solid Waste Overage 864 at no additional charge as a courtesy, (ii) Contractor may not Collect the Solid Waste Overage and leave a 865 Non-Collection Notice explaining the reason for non- collection of the Solid Waste Overage, ( iii) Contractor 866 may Collect the Solid Waste Overage (up to two lifts) and charge the Service Recipient the Solid Waste 867 Overage fee (no prior arrangement) set forth in Exhibit 1 as provided below, or increase the capacity or 868 frequency of C ollection of the existing Collection Container(s) to match documented service needs as 869 provided below. In managing Solid Waste Overages, the following apply: 870
5.10.2.1 SFD Service Recipients – Each Occurrence. For each occurrence 871 Contractor will not Collect the Solid Waste Overage because the Collection Container could not be serviced 872 by normal operating procedures or cause spillage upon servicing, Contractor must provide written notice 873 via email, U.S. mail, or in person (which may be by Non-Collection Notice) to the Service Recipient with the 874 date, description, and photograph of the Solid Waste Overage. Contractor’s Non-Collection Notice for SFD 875 Service Recipients shall also contain instructions on (a) how to schedule a Bulky Waste Collection or (b) 876 request an additional C ollection Container to eliminate future Overages. For each occurrence Contractor 877 charges a Service Recipient the Solid Waste Overage fee (no prior arrangement) set forth in Exhibit 1, 878 Contractor will document the physical condition of the Collection Container and associated Overage with 879 one or more photographs and retain this documentation for the period of at least one year. 880
5.10.2.2 Commercial and MFD Service Recipients – Each Occurrence. 881 Contractor must provide a written notice on the Container and may provide a copy of the notice via email , 882 U.S. mail, or in person (which may be by Non- Collection Notice) to the Service Recipient with the date, 883 description, and photograph of the Solid Waste Overage. Contractor’s Non-Collection Notice for MFD 884 Service Recipients shall also contain instructions on (a) how to schedule a Bulky Waste Collection or (b) 885 request an additional Collection Container to eliminate future Overage. Contractor may Collect the Solid 886 Waste Overage and may charge the Service Recipient a Solid Waste Overage fee as set forth in E xhibit 1 887 and increase the capacity or Collection frequency of the Collection Container to match documented service 888
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needs. At least ten (10) Business Days prior to increasing the Collection Container size or frequency of 889 Collection, Contractor’s representative must also contact the Service Recipient by phone, U.S. mail, email, 890 or in person (which may be by Non-Collection Notice) to ensure that Service Recipient has the appropriate 891 level of service. Contractor must document Overage issue and notify City within ten (10) Business Days of 892 any changes in Service Recipient’s Collection Container size or Collection frequency. The increased 893 capacity or Collection frequency will remain in effect until Contractor determines that it is no longer needed 894 to prevent Overages, which may be longer than the one Calendar Year state d above. Such determination 895 will be in Contractor’s sole but reasonable discretion and will be subject to the dispute resolution procedure 896 set forth below. City will consider, and pursue as appl icable, appropriate legal remedies against offending 897 Service Recipients in order to secure discontinuance of the Overages. 898
5.10.2.3 Tracking Occurrences of Solid Waste Overage. Regarding 899 Section 5.10, after twelve (12) months have passed from the last applicable Solid Waste Overage 900 occurrence, the next Solid Waste Overage occurrence will be deemed a first Solid Waste Overage 901 occurrence. 902
5.10.3 Disputes Over Container Overflow Charges . If Service Recipient disputes a Solid 903 Waste Overage charge or Container size or Collection frequency change within 30 days of the disputed 904 action, Contractor must temporarily halt Solid Waste Overage charge and/or increased Maximum Service 905 Rate resulting from increasing the Collection Container size or Collection frequency, and Contractor may 906 request a ruling by the City Manager to resolve the dispute. During the pendency of any request, Contractor 907 may restore Container size or number, or Collection frequency, to the prior levels. A request by Contractor 908 to the City Manager to rule on any such dispute must be filed within ten (10) Business Days of Contractor’s 909 halting of Solid Waste Overage charge, or increased Maximum Rate, and must include written 910 documentation and digital/visual evidence of ongoing overall problems. The City Manager may request a 911 meeting (in person or phone) with both the Service Recipient and Contractor to resolve the dispute. Following 912 such a meeting, the City Manager will rule on the dispute within ten (10) Business Days , and the City 913 Manager’s decision on resolving the dispute between Contractor and Service Recipient will be final. If the 914 City Manager rules in favor of the Service Recipient, Contractor must credit the disputed charge or increased 915 Maximum Service Rate. If the City Manager rules in favor of Contractor, Contractor may charge Service 916 Recipient the prior halted Solid Waste Overage charge and/or increased Maximum Service Rate resulting 917 from increasing the Solid Waste Collection Container size or Collection frequency and may follow the steps 918 in Section 7.08 for collection of delinquent accounts. 919
5.10.4 Notifying City of Habitual Overflow. Contractor shall notify the City regarding 920 Commercial and MFD C ustomers that habitually overflow their Containers , where habitual overflow is 921 defined as three (3) or more instances per Quarter, so that the City can take appropriate action with such 922 Customers to secure discontinuance of the Overages. 923
5.11 Ownership of Materials. Except as provided otherwise under Applicabl e Law, t itle to 924 Residential Waste, Commercial Solid Waste, Recyclable Materials, and Organic Waste will pass to Contractor 925 at such time as materials that are set out for Collection are collected and placed in Contractor’s collection 926 vehicle. 927
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5.11.1 Ownership of Excluded Waste. Section 5.11 notwithstanding, at no time shall title 928 to Excluded Waste pass to Contractor. Contractor shall not be deemed an owner of Excluded Waste for any 929 purpose. Excluded Waste shall at all times be considered to be owned by the generator of the waste, title 930 shall remain with the generator, and the generator shall be considered the responsible agent . In the event 931 that Excluded Waste is Collected by Republic, Republic will take action to identify who the generator is of 932 such Excluded Waste, so that title remains with the generator and is not passed to the Contractor. 933
5.12 Spillage and Litter. Contractor may not litter Premises in the process of providing Solid 934 Waste Collection or while its vehicles are on the road. Contractor must transport all materials Collected under 935 the terms of this Agreement in such a manner as to prevent the spilling or blowing of such materials from 936 Contractor's vehicles. Contractor must exercise all reasonable care and diligence in providing Solid Waste 937 Collection so as to prevent spilling or dropping of Residential Waste, Commercial Solid Waste, Recyclable 938 Materials, or Organic Materials, and must immediately, at the time of occurrence, clean up such spilled or 939 dropped Residential Waste, Commercial Solid Waste, Recyclable Materials, or Organic Materials. 940
5.12.1 Contractor is not responsible for cleaning up sanitary conditions caused by the 941 carelessness of the Service Recipient; however, Contractor must clean up any material or residue that is 942 spilled or scattered by Contractor or its employees, or from Overage. 943
5.12.2 Equipment oil, hydraulic fluids, spilled paint, or any other liquid or debris resulting 944 from Contractor’s operations or equipment repair must be covered immediately with an absorptive material 945 and removed from the street surface. Contractor must document spillage (by truck type and truck 946 identification number) and notify City’s stormwater compliance coordinator within ninety (90) minutes of any 947 spills resulting from Contractor’s operations or equipment. When necessary, Contractor must apply a 948 suitable cleaning agent and cleaning technique to the street surface to provide adequate cleaning as 949 approved by the City’s stormwater compliance coordinator to be compliant with the City’s stormwater permit. 950
5.12.3 The above paragraphs notwithstanding, Contractor must clean up any spillage or 951 litter caused by Contractor within ninety (90) minutes upon notice from the City. If City deems necessary, 952 Contractor must engage a third-party environmental clean- up specialist to remove any equipment oil, 953 hydraulic fluids, or any other liquid or debris that remains on street after Contractor’s own clean- up efforts. 954 If clean-up is not conducted to the satisfaction of City, City has the right to engage environmental clean- up 955 specialist to perform additional clean-up work at the expense of Contractor. In the event of Contractor’s spill 956 or release of a Hazardous Substance, Contractor is responsible for promptly notifying any Federal, State, 957 County, or local governmental agency having jurisdiction over same as may be required under F ederal, 958 State, County, or local law or regulation. 959
5.12.4 In the event where damage to City streets is caused by a hydraulic fluid spill (i.e., 960 any physical damage more than a simple cosmetic stain caused by the spill), Contractor shall be responsible 961 for all repairs to return the street to the same condition as that prior to the spill. Contractor shall be 962 responsible for all clean-up activities related to the spill. Repairs and clean-up shall be performed in a manner 963 satisfactory to the City and at no cost to the City. 964
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5.12.5 To facilitate immediate clean-up, Contractor’s vehicles must always carry enough 965 petroleum absorbent materials, along with a broom and shovel. 966
5.13 SB 1383 Universal Roll-Out. Contractor shall provide Organic Materials Collection service 967 to all of its Customer s within City who are subscribed to and pay for Solid Waste Collection service, unless 968 (i) the Customer is categorically exempted under City’s Municipal Code from the requirement to subscribe for 969 Organic Materials Collection service or (ii) the Customer qualifies for and is granted a State- or City-issued 970 waiver. Contractor will work with Customers to appropriately size Collection Containers such that source-971 separation of all materials is possible without any overflow of material, and if any disputes arise or Overages 972 occur, the City will make the final determination on proper Container size. 973
5.14 Regulations and Record Keeping. Contractor must comply with emergency notification 974 procedures required by A pplicable Laws and regulatory requirements. All records required by regulations 975 must be maintained at Contractor’s offices. These records must include waste manifests, waste inventories, 976 waste characterization records, inspection records, incident reports, and training records. 977
5.15 Response Times for City Requests. Upon receiving a data request or information request 978 from City that is not covered by other timeline requirements articulated in this document, and provided that 979 the request from City shall not take more than eight (8) hours of Contractor staff time to complete, Contractor 980 shall compile the requested information and send back a complete response within five (5) Business Days of 981 receipt of the request. 982
Article 6. Collection Service Rates 983
6.01 Collection Service Rates. Contractor is solely responsible for determining the rates it will 984 charge for providing Solid Waste Collection, provided that Contractor shall not charge any Service Recipient 985 an amount that exceeds the applicable Maximum Service Rate set forth in Exhibit 1, which may only be 986 adjusted as provided in this Agreement. 987
6.02 Discount as Contractor’s Good Will. In exchange for the good will of the City and the 988 general public, Contractor voluntarily agrees to discount the rate it charges for Solid Waste Collection 989 provided to eligible Service Recipients (the “Discount”) and that the Discount shall neither impact the 990 Maximum Service Rates nor be otherwise paid for or subsidized by any other Service Recipients. Contractor 991 shall make the Discount available to any person who demonstrates through appropriate documentation that 992 they are: (i) 65 years of age or older; or (ii) a person of low, lower, or extremely low income, and enrolled in 993 a discounted utility program; and (iii) the service account holder; and (iv) the head of household and occupant 994 at the Service Unit address. Within thirty (30) days of the Commencement Date, Contrac tor shall provide 995 educational materials describing and explaining the availability and how to qualify for and receive the Discount 996 to all persons in the City currently subscribed to a discount rate program. Contractor shall thereafter advertise 997 the availability of the Discounted services on its website throughout the Term of this Agreement and at least 998 once per year by direct notice to all SFD Service Recipients. 999
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6.03 Adjustments to Maximum Service Rates using CPI. Beginning on January 1, 2027, and 1000 annually thereafter, Contractor shall, subject to compliance with all provisions of this Section, receive an 1001 annual adjustment to the Maximum Service Rates as set forth in Exhibit 1 to this Agreement. 1002
6.03.1 CPI Adjustment Calculation. For Rate Year 2027, beginning on January 1, 2027, 1003 and for subsequent years thereafter, the rates shall be adjusted based on one hundred percent (100%) of 1004 the average change in the CPI for the 12- month period from July 1to June 30. Therefore, the first rate 1005 adjustment, effective January 1, 2027, will be based on the percentage change in CPI for the average CPI 1006 value from July 1, 2025, through June 30, 2026, compared to the average CPI value from July 1, 2024, 1007 through June 30, 2025, rounded to the nearest hundredth of a percent. The index to be used shall be the 1008 series CUSR0000SEHG, Water and Sewer and Garbage Collection Services in U.S. city average, all urban 1009 consumers, seasonally adjusted. 1010
6.03.2 Annual Rate Cap on Maximum Service Rates. In any Rate Year that the calculation 1011 of the CPI exceeds five percent (5%), the total adjustment for that year will equal five percent (5%) and any 1012 amount over the 5% cap will roll over and be added to the rate adjustment percentage in the following year. 1013 If the CPI is negative (after accounting for any applicable rollover percentages from prior years) , there will 1014 be no CPI adjustment for that year. 1015
6.03.3 Rounding. Adjustments to the overall Maximum Service Rates shall be made only 1016 in units of one cent ($0.01). Fractions of less than one cent ($0.01) shall not be considered in making 1017 adjustments. All CPI indices shall be rounded at two (2) decimal places for the adjustment calculations. 1018
6.03.4 Maximum Service Rate Adjustment Report. On or before October 1 of each year of 1019 the Term, Contractor shall deliver to City a report on its proposed adjustment to the Maximum Service Rates 1020 for the subsequent calendar year (the “Adjustment Report”). The Adjustment Report shall be in a format as 1021 may be mutually agreed on between the City and Contractor and must contain or be accompanied by 1022 Contractor’s adjustment calculations for the specific services performed under this Agreement during the 1023 preceding Agreement Year in Microsoft Excel or another electronic format acceptable to the City. Contractor 1024 shall be solely responsible for the cost of preparing the Adjustment Report. 1025
6.03.4.1 Corrections. In the event the City determines the Adjustment 1026 Report contains substantial errors or omissions, Contractor shall, at its sole cost, provide a corrected report 1027 to the City. A corrected report submitted after October 1 shall be treated as a late report. 1028
6.03.4.2 Late Report. If Contractor fails to submit the Adjustment Report by 1029 October 1, the City may: (1) accept and consider the late Adjustment Report if the City, in its sole and 1030 reasonable discretion, deems there is sufficient time to review and approve the proposed adjustment in 1031 time for it to be implemented on January 1; or (2) accept and consider the late Adjustment Report at its 1032 earliest convenience, in which case any approved rate adjustment shall only go into effect prospectively 1033 thirty (30) days after the City’s approval. In no event shall Contractor apply any rate adjustment retroactively. 1034
6.03.4.3 No Report. If Contractor fails to provide any Adjust ment Report, 1035 the Maximum Service Rate shall remain unchanged for the next calendar year. 1036
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6.04 City Approval. If Contractor provides a timely Adjustment Report, the City Manager shall 1037 notify Contractor on or before December 1 whether the City has approved the requested adjustments to the 1038 Maximum Service Rates for the next Rate Year. Approval of the City Council shall be required for any 1039 requested rate adjustment of more than five percent (5%), which shall only be permitted pursuant to Section 1040
6.06 (Extraordinary Adjustments) below. The City Manager may approve all other requests or refer them to 1041 the City Council at his or her discretion. 1042
6.05 Contractor Payment for CPI review . Contractor shall be responsible for paying the City’s 1043 cost of reviewing the annual CPI adjustment in the amount of Fifteen Thousand ($15,000) per year. If the 1044 City determines that Contractor has made substantial errors and has not properly submitted or correctly 1045 calculated the CPI adjustment , the City may add additional costs up to Fifteen Thousand ( $15,000) to 1046 conduct a second review and analysis . These payment amounts shall increase annually by the CPI 1047 Adjustment Calculation in Section 6.03.1. 1048
6.06 Extraordinary Adjustments . Independent of and separate from the adjustments due to 1049 Change in Law o utlined in S ection 30.02, Contractor and City acknowledge that there may be infrequent 1050 extraordinary events , which, although they do not prevent either party from performing, and thus do not 1051 implicate the force majeure provisions hereof, nevertheless increase the cost of providing services above the 1052 Maximum Service Rate Adjustment articulated in Section 6.03. The obligation of the parties in such event is 1053 to act reasonably toward each other in arriving at an appropriate adjustment in rates. Accordingly, at its option, 1054 Contractor may apply to the City for an extraordinary rate adjustment should an event or circumstance arise 1055 which negatively impacts the economic operation of Contractor and which is in excess of the rate adjustment 1056 resulting from the application of Section 6.03. An extraordinary adjustment in rates will be deemed justified if 1057 it is necessary for the Contractor to make a substantial change in its operations , or substantial capital 1058 expenditure or investment to perform its obligations under this Agreement due to the occurrence of an event 1059 or circumstance which is beyond the reasonable control of Contractor. Extraordinary rate adjustments shall 1060 only be effective after approval by the City Council. Contractor applications for extraordinary rate adjustments 1061 are limited to three (3) during the Agreement term, and Contractor may not apply for an extraordinary rate 1062 adjustment in the first five (5) years of the Agreement term. 1063
6.06.1 Contractor’s Burden. In the event of such an application for an extraordinary rate 1064 increase, it is understood that the Contractor shall have the burden of demonstrating to the reasonable 1065 satisfaction of the City the basis for the extraordinary increase cos t. Contractor shall bear the burden of 1066 justifying its request and shall be solely responsible for the cost of preparing and submitting sufficient 1067 documentation in support of its request. City in its sole reasonable discretion may request Contractor to 1068 provide any additional information it deems necessary to fully evaluate the request, and Contractor shall be 1069 solely responsible for the cost of providing such additional information. Contractor shall allow City to review 1070 a report of its annual revenues and expenses for the services provided in the City . City shall have the right 1071 to review this information in connection with the City’s review of Contractor’s extraordinary rate adjustment 1072 request. With respect to any financial statements or any other information Contractor specifically designates 1073 as non-public information (“Confidential Information”), City agrees that, except as otherwise set forth in this 1074 Section: (a) it will hold in confidence all Confidential Information; (b) it will restrict the disclosure of 1075 Confidential Information within its own organization and to its agents or representatives who need to know 1076
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the Confidential Information for the purposes of the request; (c) it will not disclose Confidential Information 1077 to any third party without the prior written consent of the Contractor; (d) it will not copy or reproduce any 1078 written or electronically stored Confidential Information without the prior written approval of the Contractor; 1079 and (e) it will not use Confidential Information except as required for consideration of the request. City may 1080 consider increases or decreases in Contractor’s total revenues and total cost of services when reviewing an 1081 extraordinary rate adjustment request. Notwithstanding any other provision in this Section, the City will inform 1082 the Contractor upon receiving a California Public Records Act request or a subpoena for any Confidential 1083 Information by written notice delivered to the Contractor (“Notice”). The Contractor will have five (5) days 1084 from the date of the N otice to inform the City in writing of its intent to assert its confidentiality rights under 1085 this Agreement. The Contractor will then have fifteen (15) days from the date of the Notice to seek and obtain 1086 a court order or other judicial ruling to prevent the disclosure of the Confidential Information. If the Contractor 1087 fails to act within the five (5) or fifteen (15) day windows described above, the City may disclose the 1088 requested Confidential Information to the requestor or subpoenaing party. In the event C ontractor seeks a 1089 court order to stay or enjoin the disclosure of the Records, Contractor agrees to indemnify and hold harmless 1090 the City, its Council, elected and appointed board or commission members, officers, employees, volunteers, 1091 and agents (collectively, "Indemnities") from and against any and all loss, liability, penalty, forfeiture, claim, 1092 demand, action, proceeding, or suit in law or equity of any and every kind and description, whether judicial, 1093 quasi-judicial, or administrative in nature, arising or resulting from or in any way connected with the subject 1094 of a CPRA , FOIA request , or subpoena for the Confidential Records. For the purposes of this Section, 1095 “Records” shall mean records created or maintained by Contractor in accordance with this Agreement, 1096 including those records that may include f inancial statements or Confidential Information of Contractor. 1097 Contractor’s indemnity obligation shall survive the expiration or termination of this Agreement. 1098
6.06.2 Review Costs. At the time of its request, Contractor shall also submit a payment to 1099 the City of Twenty-Five Thousand Dollars ($25,000) to defray the City’s costs to review the request. In the 1100 event the City’s reasonable costs exceed that amount, Contractor shall reimburse the City for any 1101 documented amount in excess. This payment amount shall increase annually by the CPI Adjustment 1102 Calculation in Section 6.03.1. 1103
6.06.3 Meet and Confer. The City and Contractor agree to meet and confer regarding the 1104 request and to negotiate in good faith regarding the appropriateness of the requested adjustment. 1105
6.06.4 City Review; Approval. City shall review the Contractor’s request and, in the City’s 1106 sole and reasonable judgment, make the final determination as to whether an adjustment to the Maximum 1107 Service Rates will be made, and, if an adjustment is permitted, the appropriate amount of the adjustment. 1108 Approval of the City Council shall be required for any Extraordinary Adjustments . The City shall notify 1109 Contractor of its decision within ninety (90) calendar days regarding whether it accepts Contractor’s request. 1110 Except as provided herein, any such change approved by the City shall not be implemented until July 1 of 1111 the next Rate Year unless a different timeframe is approved by the City Council. 1112
6.07 Procedures in Event of Invalidation of Rate Adjustment. In the event that City is unable by 1113 operation of Applicable Law to approve or implement a rate increase under this Article 6, or some or all of the 1114 Maximum Service Rates are disallowed by operation of Applicable Law, Contractor will have the right, within 1115 thirty (30) days after notice of any such inability to approve or invalidation of an approved rate increase, to 1116
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request, in writing, that City negotiate in good faith regarding reductions in programs, services, or fees to 1117 compensate for any negative impact from the unapproved or invalidated rate increase. If City fails to 1118 commence negotiations in good faith or negotiations are not completed within forty -five (45) days following 1119 the date of receipt of Contractor’s request, either party may terminate this Agreement no earlier than one 1120 hundred and eighty (180) days after written notice to the other. 1121 Article 7. Collection Service Billing 1122
7.01 Responsibility for Collection Service Billing and Collection. Contractor shall be solely 1123 responsible for the billing and collecting of payments for the Solid Waste Collection Services it provides within 1124 the Service Area. 1125
7.02 Invoices. Contractor shall prepare and send out invoices, by either U.S. mail or email, to 1126 each Service Recipient in advance of all services provided by Contractor under this Agreement. Contractor 1127 shall include an online payment option for all Customers regardless of invoice format. If sent by mail, invoices 1128 for each billing period shall be placed in a separate envelope accompanied by a self -addressed return 1129 envelope. All invoices shall include Contractor’s email address, include directions for payment by payment 1130 by check, credit card, or Automated Clearing House (ACH) debit , and shall include or be accompanied by a 1131 complete billing statement showing all charges and all services provided. Contractor’s online billing portal 1132 shall include clear instructions for how to contact the Contractor if the Service Recipient has questions about 1133 an invoice. City shall have the right to direct Contractor to revise the format of all invoices and billing 1134 statements upon reasonable notice to Contractor. 1135
7.03 Timing; Frequency. Contractor shall not initiate billing to any Service Unit sooner than the 1136 first day of the service period of Collections Services covered by the invoice. Contractor shall invoice Service 1137 Recipients once every month for Commercial Service Units and MFD Service Units and once every Quarter 1138 for SFD Service Units. SFD Service Units may opt to receive monthly invoices rather than quarterly invoices 1139 with no penalty. No invoice shall be due and payable sooner than the last day of the respective month or 1140 Quarter for which Solid Waste Collection is provided. 1141
7.04 Partial Month Service. If, during a month, a Service Unit is added to or deleted from 1142 Contractor’s Service Area, Contractor shall pro- rate billing to the Service Recipient on a weekly basis, 1143 meaning one-fourth of the applicable Maximum Service Rate found in Exhibit 1 multiplied by the number of 1144 weeks of service provided by Contractor. 1145
7.05 Overpayments. Contractor shall refund or issue a service credit for overpayments by 1146 Service Recipients no later than 30 days af ter Contractor discovers or is notified of the overpayment. 1147 Contractor shall refund every overpayment that: (1) exceeds two hundred dollars ($200) or the amount of 1148 Service Recipient’s typical invoice, whichever is less; or (2) is due to the Service Recipient closing the account 1149 prior to the end of the billing period. 1150
7.06 Delinquent Service Accounts. Contractor shall report all Service Recipients whose 1151 accounts are delinquent by more than ninety (90 days) to the Agreement Administrator on a monthly basis. 1152
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7.07 Contractor’s Reservation of Legal Rights and Remedies. Notwithstanding any other 1153 provision of this Article, Contractor reserves its right to, and may take such action as is legally available to 1154 Contractor, to collect or cause collection of past due or over -invoiced amounts; provided, however, that 1155 Contractor shall never discontinue Solid Waste Collection to any Service Unit. Contractor may send a written 1156 notice to Service Recipient regarding payments of Billings during the current period or for a prior service 1157 period. 1158
7.08 Collection of Past Due Accounts. 1159
7.08.1 Contractor shall be responsible for collection of payment from Customers with past-1160 due accounts (“bad debt”). Contractor shall make reasonable efforts to obtain payment from delinquent 1161 accounts through issuance of late payment notices, making at least 3 telephone requests for payments to 1162 Customer and property owner (if the owner is a dif ferent Person or entity than the Customer), offering a 1163 Customer payment plan, and suspension of service in accordance with the following. 1164
7.08.2 If a Customer’s payment becomes more than one hundred twenty (120) days past 1165 due, Contractor may request approval from the City, which will not be unreasonably denied, to reduce service 1166 to that account until payment is received, providing written evidence for each account that the required 1167 collection steps have been taken. If the City approves such request, the Contract or shall provide the 1168 Customer and property owner (if the owner is different from the Customer) written notice of service reduction 1169 which includes a description of potential penalties from the City for nuisance, should it occur. All notifications 1170 and correspondence issued by Contractor shall be directed to the Customer and the owner of the property 1171 if the owner is a different Person or entity than the Customer. 1172
7.08.3 At its option, Contractor may charge Customers a late payment fee for accounts 1173 that are over sixt y (60) days past due provided that Contractor provides each Customer thirty (30) days 1174 written notice of its intent to assess the late fee. The maximum late fee is subject to the City approval and 1175 reflected in Exhibit 1. 1176
7.09 Billing Accounts After Missed Collections. 1177
7.09.1 In the event of a missed Collection, wherein Containers were properly set out in a 1178 timely manner and wherein the Contractor was unable resolve the complaint by the end of the following 1179 Workday, Contractor shall credit the account of the Customer that experienced the missed Collection by a 1180 prorated amount for that missed Service. 1181
7.09.2 In the event that a Customer was subject to a missed Collection wherein Containers 1182 were properly set out in a timely manner and wherein the Contractor w as unable to return and Collect the 1183 Customer’s Solid Waste until the following week, that Customer shall not be subject to any Solid Waste 1184 Overage fees or otherwise be penalized or tracked for an instance of Overage. 1185
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Article 8. Diversion Requirements 1186
8.01 Warranties and Representations . Contractor warrants that it is aware of and familiar with 1187 City's waste stream, and that it has the ability, and shall use commercially reasonable efforts to provide and 1188 employ, sufficient programs and services to ensure City will meet or exceed City’s Diversion goals 1189 requirements (including, without limitation, amounts of Solid Waste to be Diverted, timeframes for Diversion, 1190 and any other requirements) as set forth in this Article, Applicable Law, and CalRecycle Regulations, and that 1191 Contractor will do so without imposing any costs or fees other than those set forth in Exhibit 1. Contractor 1192 hereby agrees to assist the City to meet or exceed, on an annual basis , the Diversion Compliance, by 1193 undertaking the actions set forth in Section 8.02. For purposes of this Agreement and Contractor’s obligations 1194 outlined herein, the terms “City’s Diversion”, “City’s Diversion goals”, “Diversion Requirements”, “Franchised 1195 Diversion Rate” and similar terminology means compliance with the requirements for meeting the State’s fifty 1196 percent (50%) diversion rate expressed as a pounds per day per year rate as established by CalRecycle 1197 pursuant to Public Resources Code Section 41780, as Applicable Law. 1198
8.02 Contractor Required Actions. Contractor shall take all of the following actions to assist the 1199 City in meeting, on an annual basis, Diversion Compliance: 1200
8.02.1 Except for Organic Waste Collected from homeless encampment s or material 1201 subject to quarantine by the California Department of Food & Agriculture, and except as provided in Sections 1202
5.06 and 5.10, Collect and deliver all Organic Waste to the Organic Waste Processing Facility for processing 1203 and Diversion. 1204
8.02.2 Except as provided in Sections 5.06 and 5.10, Collect and deliver all Recyclable 1205 Materials to the Materials Recovery Facility. 1206
8.02.3 Collect and deliver all Garbage to the Disposal Facility. 1207
8.02.4 Collect and deliver all Construction and Demolition Debris to the Materials Recovery 1208 Facility. 1209
8.02.5 Deliver all material set out for Collection in Cart, Bins , or Roll- Off Containers 1210 identified as containing Source Separated Recyclable Material to the Materials Recovery Facility for 1211 processing and Diversion. 1212
8.02.6 Deliver all material set out for Collection in Cart, Bins , or Roll- Off Containers 1213 identified as containing Source Separated Organic Waste to the Organic Waste P rocessing Facility for 1214 processing and Diversion. 1215
8.02.7 Only material in Garbage Carts or Garbage Bins will be delivered to the Disposal 1216 Facility for Disposal. All other material must go to the appropriate facility for full processing and Diversion. 1217
8.02.8 Contractor must take all commercially reasonable and lawful actions to maximize 1218 Diversion of materials from landfills. 1219
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8.02.9 Contractor must develop and provide sufficient accurate information and data as 1220 necessary to ensure that Contractor and City annually demonstrate Diversion Compliance to CalRecycle. 1221
8.02.10 Contractor must implement public education and outreach programs as required 1222 under this Agreement. 1223
8.03 Annual Reporting. Contractor shall calculate the Diversion Compliance Rate on an annual 1224 basis and shall deliver a written report regarding the same to the City no later than February 14 of the year 1225 following the reporting period as set forth in Section 22.06. 1226
8.04 Failure of Recyclables Market . Notwithstanding any other provision of this Agreement to 1227 the contrary, where CalRecycle has determined that there are no commercially viable markets for a specific 1228 type of Recyclable Materials, or with written notice to City, Contractor is unable to identify a market for one or 1229 more Recyclable Materials despite the exercise of commercially reasonable efforts to process and market 1230 the material, and determines to Dispos e of the Recyclable Material(s), such a determination shall not 1231 constitute a failure to implement service, a failure to implement a program, or an event of default hereunder. 1232
8.05 Failure to Meet Franchised Diversion Rate. If CalRecycle determines that City has failed 1233 to meet the Div ersion Compliance due to Contractor’s failure to undertake the actions described in this 1234 Section, Contractor must prepare, at Contractor’s cost and expense, and submit a corrective action plan to 1235 City sufficient to demonstrate good faith efforts by City to comply with Diversion Compliance and that is 1236 otherwise acceptable to CalRecycle, and may be subject to Administrative Charges and Penalties as allowed 1237 under Article 25 and specified in Exhibit 5. Contractor must also submit a written corrective action plan to the 1238 City before March 15 of the year following the missed minimum Diversion requirement. Contractor’s corrective 1239 action plan must specify all actions Contractor will take to ensure it will meet Diversion Compliance Rates in 1240 the future and shall be subject to the review and approval by the Agreement Administrator. Contractor must 1241 implement all measures identified in the corrective action plan at its sole cost and expense, unless the failure 1242 to meet Diversion Compliance was due to a Change in Law that has a material effect on Contractor’ s ability 1243 to achieve Diversion Compliance or due to the negligent acts or omissions of the City. If Contractor fails to 1244 submit an adequate corrective action plan or to fully implement a City-approved corrective action plan, it shall 1245 subject Contractor to Administrative Charges and Penalties as all owed under Article 2 5 and specified in 1246 Exhibit 5 in addition to any other remedies available to the City. 1247
8.06 Representations and Warranties . Contractor represents and warrants that it is aware of 1248 and familiar with the Diversion Compliance, the Applicable Laws , and City ’s waste stream. Contractor 1249 represents and warrants that it has the capacity, skill, and ability to undertake the actions identified in Section 1250
8.02 above without imposing any costs or fees other than those set forth in the Schedule of Maximum Service 1251 Rates, as may be adjusted as provided for in this Agreement. Where the Diversion Compliance is modified 1252 by Section 30.02.1, Contractor agrees to develop and implement such actions, programs , and measures as 1253 are necessary to bring City into compliance with the modified Diversion Compliance, and City agrees that it 1254 will meet and confer with Contactor for a period not to exceed ninety (90) days regarding such actions, 1255 programs, and measures, their implementation, and adjustments to rates reasonably necessary to effectuate 1256 same in accordance with Section 30.02.1. 1257
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8.07 Mutual Cooperation. City and Contractor shall each reasonably cooperate in good faith 1258 with all efforts of the other Party to meet City's Diversion requirements under Ap plicable Law and the 1259 Contractor’s obligations under this Article. City's obligations in this regard shall include, without limitation, 1260 making such petitions and applications as may be reasonably requested by Contractor for time extensions in 1261 meeting Diversion goals, or other exceptions from the terms of Applicable Laws, and to agree to authorize 1262 such changes to Contractor’s Recyclable Materials , Organic Waste, or Solid Waste programs as may be 1263 reasonably requested by Contractor in order to achieve the minimum requirements of this Article. 1264
8.08 Contractor’s Diversion Programs. Contractor shall implement the Diversion programs 1265 required under this Agreement to ensure that City and Contractor comply with all Diversion requirements 1266 under Applicable Law and the City meets or exceeds all minimum Diversion requirements under Applicabl e 1267 Law. Contractor shall furthermore, at its sole cost and expense, (1) assist the City in responding to inquiries 1268 from, or prepare for and attend any hearing before, CalRecycle or any other regulatory agency relating to the 1269 City’s compliance with Applicable Law; prepare for and participate in CalRecycle’ s review of the City's SRRE; 1270 apply for any extension available under Applicable Law; develop and implement a public awareness and 1271 education program consistent with the City's SRRE and Household Hazardous Waste Element and any 1272 related requirements of Applicable Law; (2) p rovide the City with Recycling, source reduction, and other 1273 technical assistance as may be needed to comply with Applicable Law; and (3) advise the City of additional 1274 programs or measures Contractor can, if authorized by the City, implement to increase compliance with the 1275 Diversion requirements of Applicable Law. 1276
8.09 New Diversion Programs. If Contractor fails to meet any Diversion Compliance requirement 1277 or the City fails to meet any CalRecycle Diversion requirement, notwithstanding Contractor’s implementation 1278 of all Diversion and public education programs as required by this Agreement, the City may direct Contractor 1279 to modify its Diversion and public education programs or implement new programs. S uch modifications shall 1280 constitute a City -Directed Change under Section 30.01. Contractor shall not implement new Diversion 1281 programs not described in this Agreement without the City’s prior consent. 1282
8.10 Nothing contained herein shall prohibit Contractor from meeting its Diversion requirements 1283 by any alternative methods or procedures, provided it complies with Applicable Law, as may be amended 1284 from time to time. Contractor’s ability to meet its Diversion requirements by alternative methods per this 1285 Section is subject to Agreement Administrator review and approval. 1286 Article 9. Service Unit Types 1287
9.01 Service Units. Service Units include all the following categories of Premises which are in 1288 the Service Area as July 1, 2025, and all such Premises which may be added to the Service Area by means 1289 of annexation, new construction, or as otherwise set forth in this Agreement during Term of this Agreement: 1290
9.01.1 SFD Service Units. Services are specified in Article 10. 1291
9.01.2 MFD Service Units. Services are specified in Article 11. 1292
9.01.3 Commercial Service Units. Services are specified in Article 12. 1293
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9.01.4 Industrial Service Units. Services are specified in Article 13. 1294
9.01.5 City Service Units. Services are specified in Article 14. 1295
9.01.6 Any question as to whether a Premises falls within one of these categories will be 1296 determined by the Agreement Administrator and the determination of the Agreement Administrator will be 1297 final. 1298
9.02 Service Unit Changes. City and Contractor acknowledge that during the Term of this 1299 Agreement it may be necessary or desirable to add or delete Service Units for which Contractor will provide 1300 Service. 1301
9.02.1 Additions and Deletions . Contractor must provide services described in this 1302 Agreement to new Service Units in Contractor’s Service Area within five (5) Workdays of receipt of notice 1303 from City or the new Service Unit to begin such Service. 1304
9.03 Annexation. If, during Term of the Agreement, additional territory within or adjacent to the 1305 Contractor’s Service Area is acquired by City through annexation, subject to the requirements of Public 1306 Resources Code Section 49520, Contractor agrees to provide Solid Waste Collection in such annexed area 1307 in accordance with the provisions and Maximum Service Rates set forth in this Agreement after termination 1308 of former contractor’s rights to provide service have been exhausted. Such Solid Waste Collection must begin 1309 within five (5) Workdays of receipt of written notice from City. Contractor may not begin Collection Service 1310 without written authorization from City. 1311
9.04 Route Map U pdate. Contractor must revise the Service Unit route maps to show the 1312 addition of Service Units added due to annexation and must provide such revised maps to the Agreement 1313 Administrator as requested. 1314
9.05 Shared Service. Provided that the City updates the City Municipal Code, in collaboration 1315 with Contractor, with such Municipal Code updates that provide specifics regarding a shared service program, 1316 City businesses shall not be prohibited from sharing bins with other businesses as a single Commercial 1317 Service Unit, or from coordinating to share a single Commercial Service Unit Collection account; and City 1318 residents shall not be prohibited from sharing bins with other residents as a single SFD Service Unit, or from 1319 coordinating to share a single SFD Service Unit Collection account. 1320 Article 10. Residential Service 1321
10.01 SFD Conditions of Service. Except as set forth below, Contractor must provide SFD 1322 Collection Services to all SFD Units in the Service Area. The SFD Services are governed by the following 1323 terms and conditions: 1324
10.01.1 Curb Service. Except for those Service Recipients that choose to receive Bins for 1325 service, Contractor must provide SFD Collection Service to all SFD Service Units in the Service Area whose 1326 SFD Solid Waste is properly containerized in Garbage Carts ; Recyclable Materials are properly 1327 containerized in Recyclable Materials Carts, except as set forth in Section 10.09.1; and Organic Wastes are 1328
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properly containerized in Organic Waste Carts, except as set forth in Section 10.10.3; and where the 1329 Garbage, Recyclable Materials, and Organic Waste carts have been placed within three (3) feet of the curb, 1330 swale, paved surface of the public roadway, closest accessible roadway, or other such location agreed to 1331 by Contractor and Service Recipient that will provide safe and efficient accessibility to Contractor's Collection 1332 crew and vehicle. 1333
10.01.2 Bundled SFD Cart Service. Contractor will use a weekly Bundled SFD Solid Waste 1334 Collection Service system with one (1) 32- Gallon Black or Grey Garbage Cart, one (1) 64-Gallon Blue 1335 Recyclable Materials Cart, and one (1) 64-Gallon Green Organic Waste Cart as part of the base SFD Solid 1336 Waste Collection Service. SFD Service Recipients shall receive additional Recyclable Materials Carts and 1337 additional Organic Waste Carts to be included at no additional cost , if requested. Smaller Garbage, 1338 Recyclable Materials, and/or Organic Waste Carts with a capacity of 20 gallons, 32 gallons, or 64 gallons 1339 may be requested by Customers that can demonstrate that they (a) have cart storage space constraints and 1340 (b) do not generate sufficient quantities of a waste stream type to justify the larger size of cart . Pricing for 1341 downsizing Carts, upsizing carts, or adding additional Carts, relative to the base Bundled Service, are 1342 included in Exhibit 1. 1343
10.01.3 On-Premises Service. Notwithstanding any term or definition set forth in this 1344 Agreement, Contractor must provide Collection of SFD Garbage, Recyclable Materials, and Organic Waste 1345 on the SFD Service Recipients Premises to an SFD Service Unit as follows. 1346
10.01.3.1 At no additional cost to the SFD Service Unit. SFD Service Units 1347 where all adult Service Recipients residing therein have disabilities that prevent them from setting their 1348 Garbage, Recyclable Materials, Organic Waste Cart, or Bulky Waste at the curb for Collecti on, and if a 1349 request for on-premises service has been made. For Bulky Waste on-premises services, materials must be 1350 staged externally to the Dwelling Unit in a location that’s accessible and visible to Contractor, as close to 1351 the Service Unit’s standard curbside Collection location as is feasible for the Customer. 1352
10.01.3.2 At an additional cost to the SFD Service Unit. 1353 A. SFD Service Units where topography, steep driveways, below-grade dwellings, or 1354 limited access to public street s that prevent the SFD Service Recipient from setting their Garbage, 1355 Recyclable Materials , or Organic Waste Cart at the curb for Collection, as determined by the City and 1356 agreed by the Contractor, and if a request for on-premises service has been made. 1357 B. SFD Service Units inaccessible by standard 3- or 4-axel Collection Vehicles as 1358 determined by the Contractor and agreed by the City. Stinger/scout truck services shall be provided for the 1359 retrieval of Collection Containers from locations with accessibility constraints that make Containers difficult 1360 or impossible to access using regular trash Collection trucks. 1361 C. Contractor must offer “push services” to SFD Service Recipients other than those 1362 listed above on a subscription basis upon request for the Maximum Service Rates set forth in Exhibit 1. 1363 Push services include, but are not limited to, dismounting from the Collection Vehicle, moving the Collection 1364 Containers from their storage location for Collection, and returning the Collection Containers back to their 1365 storage location. 1366
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10.01.3.3 Contractor must provide on-premises Collection Service on the 1367 same Workday that curbside Collection would otherwise be provided to the SFD Service Unit. 1368
10.02 Frequency and Scheduling of Service. SFD Collection Service must be provided one (1) 1369 time per week, on a schedule matching the City’s current service schedule. SFD Collection Service must be 1370 scheduled so that all Service Unit s receive Garbage Collection Service, Recyclable Materials Collection 1371 Service, and Organic Waste Collection Service on the same Workday . SFD Collection Service must be 1372 provided, commencing no earlier than 6:00 a.m. and terminating no later than 5:00 p.m., Monday through 1373 Friday, except for Holidays in accordance with Section 5.03. The hours, day, or both of Collection may be 1374 extended due to extraordinary circumstances or conditions with the prior verbal or written consent of the 1375 Agreement Administrator. 1376
10.03 Manner of Coll ection. The Contractor must provide Collection Service with as little 1377 disturbance as possible; the Contractor must leave any Garbage, Recyclable Materials, or Organic Waste 1378 Cart in an upright position, with the lid closed, at the same point it was Collected , without obstructing alleys, 1379 roadways, driveways, sidewalks , or mailboxes. Contractor’s employees providing Collection Service must 1380 follow the regular walk for pedestrians while on private property and may not trespass nor cross property to 1381 the adjoining Premises unless the occupant or owner of both properties has given permission. Care should 1382 be taken to prevent damage to property, including flowers, shrubs, and other plantings. 1383
10.03.1 Any damage caused by Contractor to Service Recipient property shall be repaired 1384 or replaced promptly. 1385
10.03.2 Notification of Accidents. Contractor shall notify City Representative of any 1386 accidents occurring within the Service Area that involve Contractor’s vehicles, employees, or equipment that 1387 result in any personal injury or property damage. Such notification shall be made within twenty -four (24) 1388 hours of occurrence to City Representative via both (a) email and (b) either an in-person visit or a telephone 1389 call. If Contractor is unable to reach City Representative in person or via telephone, a voicemail is an 1390 acceptable alternative. 1391
10.04 Kitchen Food Waste Pails. In the event that Kitchen Food Waste Pails are no longer 1392 provided by the West Contra Costa Integrated Waste Management Authority, and subject to the terms and 1393 conditions of Section 30.01, Contractor must make available, upon request, Kitchen Food Waste Pails that 1394 comply with Collection Container specifications in Exhibit 3. If any changes to these specifications are 1395 adopted after the Commencement Date that results in Contractor being required to replace Collection 1396 Containers before they have been fully depreciated, Contractor will be eligible for additional compensation in 1397 accordance with Exhibit 1. 1398
10.05 Replacement of Carts. Contractor’s employees must take care to prevent damage to Carts 1399 by unnecessary rough treatment. Any Cart damaged by the Contractor must be replaced by Contractor, at 1400 Contractor's expense, within five (5) Workdays at no cost or inconvenience to the Service Recipient. 1401
10.05.1 Upon notification to Contractor by City or a Service Recipient that the Service 1402 Recipient’s Cart(s) has been stolen or damaged beyond repair through no fault of Contractor, Contractor 1403
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must deliver a replacement C art(s) to such Service Recipient within five (5) Workday s. Contractor must 1404 maintain records documenting all Cart replacements occurring. 1405
10.05.2 Each Service Recipient is entitled to the replacement of one (1) lost, destroyed, or 1406 stolen Cart every ten (10) years during the life of this Agreement at no cost to the Service Recipient. Except 1407 in the case of a Cart that must be replaced because of damage caused by Contractor or in the case where 1408 Contractor elects to replace a Cart rather than repair it on-site, Contractor will be compensated for the cost 1409 of those replacements in excess of one (1) per type of Cart per Service Recipient during the aforementioned 1410 10-year period within the Term of the Agreement, in accordance with the “Cart Exchange” Maximum Service 1411 Rates set forth in Exhibit 1, or as may be adjusted by the City from time to time as provided under this 1412 Agreement. 1413
10.05.3 Contractor understands and agrees that this provision is intended to be applied on 1414 a per Cart type, individual Service Recipient basis, and accordingly each Service Recipient could receive up 1415 to three (3) replacement Carts, one (1) of each type, every ten (10) years during the Term of the Agreement. 1416
10.05.4 Repair of Garbage, Recyclable Materials, and Organic Waste Carts. Contractor is 1417 responsible for the repair of Carts, including, but not limited to, hinged lids, wheels, and axles. Within five (5) 1418 Workdays of notification by the City or a Service Recipient of the need for suc h repairs, Contractor must 1419 repair the Cart or, if necessary, remove the Cart for repairs and deliver a replacement Cart to the Service 1420 Recipient. Collection Container repair also includes the removal of graffiti from the Collection Container. 1421
10.05.5 Cart Exchange. Upon notification to Contractor by City or a Service Recipient that 1422 a change in the size of a Cart is requested, Contractor must deliver such Cart to such Service Recipient 1423 within five (5) Workday s. Each SFD Service Unit is eligible to receive one (1) free Cart exchange per 1424 Calendar Year during the Term of this Agreement for moving to a larger Garbage, Recyclable Materials, or 1425 Organic Waste Cart size. Each SFD Service Unit is eligible to receive unlimited Cart exchanges per Calendar 1426 Year during the Term of this Agreement for moving to a smaller Garbage Cart size. Each SFD Service Unit 1427 is eligible to receive one (1) free Cart exchange per Calendar Year during the Term of this Agreement for 1428 moving to a smaller Recyclable Materials or Organic Waste Cart size, provided they meet the qualifications 1429 articulated in Section 10.01.2 above. Accordingly, Contractor will be compensated only for the cost of those 1430 exchanges in excess of one (1) per Calendar Year for those Service Units receiving larger Cart sizes, in 1431 accordance with the “Cart Exchange” service rate as set forth in Exhibit 1 or as may be adjust ed this 1432 Agreement. 1433
10.05.6 Additional Cart Request. Upon notification to the Contractor by City or a Service 1434 Recipient that additional Black or Grey Carts for Garbage, Blue Carts for Recyclable Materials, or Green 1435 Carts Organic Waste are requested, Contractor shall deliver such Carts to such Service Recipient within five 1436 (5) Workdays, at the rate set forth in Exhibit 1. 1437
10.06 Ownership of Carts. Ownership of Carts is vested in the Contractor. 1438
10.07 Cleaning of Collection Containers . Once every fi ve (5) years, starting at the date of 1439 signature of this agreement, each SFD Service Recipient is entitled to request the exchange of up to three 1440
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(3) carts, one each of dirty Garbage, Recyclable Materials, and Organic Waste Carts, for clean Garbage 1441 Recyclable Materials, or Organic Waste carts. Upon receiving such a request from an SFD Service Recipient 1442 within the allowed timeframe, Contractor must replace the dirty Collection Container(s) with clean Collection 1443 Container(s). This service must be provided at no charge to the Service Recipient, so long as the service is 1444 not requested more than once every five years. In addition, regardless of whether this cleaning is requested 1445 by the Service Recipient, Contractor will ensure that all Collection Containers are exchanged on an as-needed 1446 basis so as to maintain a clean appearance and proper function. Additional exchanges beyond once every 1447 five years will be subject to the Maximum Service Rate set forth in Exhibit 1. 1448
10.08 SFD Garbage Collection Service. This service is governed by the following terms and 1449 conditions: 1450
10.08.1 Non-Collection. Contractor is not required to Collect any Garbage that is not placed 1451 in a Garbage Cart. For every event of non- collection, Contractor must provide the foll owing written notice 1452 via email, U.S. mail, or in person (which may be by Non-Collection Notice) to the Service Recipient: the date 1453 of the Solid Waste Non-Collection and the reason for Non-Collection. Contractor’s Non-Collection Notice for 1454 SFD Service Recipients shall also contain instructions on (a) how to schedule a Bulky Waste Collection and, 1455 if relevant, (b) how to request an additional Collection Container, as well as a QR code that links to a website 1456 with all Disposal programs offered by the City. If Non-Collection occurs for some unforeseeable circumstance 1457 not listed above that the Contractor encounters and is impeded by, Contractor shall provide the same written 1458 notice as described in this Section. 1459
10.08.2 Disposal Facility. Except as set forth below, all Garbage Collected as a result of 1460 performing Solid Waste Collection must be transported to, and Disposed of, at the Disposal Facilities listed 1461 in Exhibit 8. Failure to comply with this provision may result in assessment of Administrative Charges and 1462 Penalties as specified in Exhibit 5 and may result in Contractor being in default under this Agreement. 1463
10.09 SFD Recyclable Materials Service. This service is governed by the following terms and 1464 conditions: 1465
10.09.1 Recyclable Materials - Improper Procedure. The Contractor is not required to 1466 Collect Recyclable Materials if the Service Recipient does not segregate the Recyclable Materials from Solid 1467 Waste or Organic Waste. Furthermore, Contractor is not required to Collect Recyclable Materials that are 1468 contaminated through commingling with Solid Waste or Organic Waste. To address contamination, 1469 Contractor must follow the steps set forth in Section 5.07. 1470
10.09.2 Materials Recovery Facility . Except as provided in Section 5.07, a ll Recyclable 1471 Materials Collected as a result of performing Recycling services must be delivered to the Materials Recovery 1472 Facility listed in Exhibit 8. Failure to comply with this provision may result in assessment of Administrative 1473 Charges and Penalties as specified in Exhibit 5 and may result in Contractor being in default under this 1474 Agreement. 1475
10.09.3 Move-In/Out Collection Service. Within three (3) months of vacating or newly 1476 occupying the dwelling, at no additional charge, each SFD Customer may request that Contractor provide 1477
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one on-call Move-In/Out Recyclable Material Collection Service for recyclable packaging materials such as 1478 flattened cardboard boxes, bundled newspaper , and packaging f oam. This will be offered as a one- time 1479 service for each new account. This service shall only include Recyclable Materials, and in the event that the 1480 Service Recipient includes Garbage in the materials set out for Collection by Contractor, this service sha ll 1481 be counted as one of the SFD Service Recipient’s free annual Bulky Waste Collections as set forth in Section 1482
10.11. 1483
10.09.4 Recyclable Materials - Changes to Services. Should changes in Applicable L aw 1484 arise that necessitate any additions or deletions to the services described in this Section, including the type 1485 of items included as Recyclable Materials, the parties will negotiate any necessary cost changes and will 1486 enter into an Agreement amendment covering such modifications to the services to be performed and the 1487 compensation to be paid in a ccordance with Section 30.02 before undertaking any changes or revisions to 1488 such services. 1489
10.10 SFD Organic Waste Collection Service. This service is governed by the following terms 1490 and conditions: 1491
10.10.1 Organic Waste Processing Facility. Contractor must deliver all Collected Organic 1492 Waste to the Organic Waste Processing Facility listed in Exhibit 8 and agreed upon by the City . Failure to 1493 comply with this provision may result in assessment of Administrative Charges and Penalties as specified in 1494 Exhibit 5 and may result in Contractor being in default under this Agreement. 1495
10.10.2 Holiday Tree Collection. Contractor must Collect Holiday Trees set out at the curb 1496 for Co llection during the three- week period beginning December 26 th each year during the Term of this 1497 Agreement. Holiday Trees set out for Collection may either be containerized within an Organic Waste Cart 1498 or placed on the ground near the Service Unit’s Collection Containers. Contractor must deliver the Collected 1499 Holiday Trees to the Organic Waste Processing F acility for Diversion through uses other than Alternative 1500 Daily Cover or Beneficial Use. This annual service will be provided at no additional charge to the Service 1501 Recipient and shall not be counted as one of the SFD Service Recipient’s free annual Bulky Waste 1502 Collections as set forth in Section 10.11. Contractor is not required to Divert Holiday Trees with tinsel, 1503 flocking, or ornaments. 1504
10.10.3 Organic Waste - Improper Procedure. Contractor is not required to Collect Organic 1505 Waste if the Service Recipient does not segregate the Organic Waste from Solid Was te or Recyclable 1506 Materials. Furthermore, Contractor is not required to Collect Organic Wastes that are contaminated through 1507 commingling with Solid Waste or Recyclable Materials. Contractor will address contamination in accordance 1508 with Section 5.07. 1509
10.10.4 Home Compost Bins. In the event that home compost bins are no longer provided 1510 to the City by West Contra Costa Integrated Waste Management Authority, Contractor shall store, promote, 1511 and distribute a maximum of 300 Home Compost Bins per Calendar Year to be used by Service Recipients 1512 to Compost Organic Waste. Contractor is responsible for purchase and storage of Home Compost Bins, and 1513 Contractor is responsible for providing Home Compost Bins to SFD Service Recipients upon request, until 1514
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the maximum of 500 has been reached. The services described in this Section are not effective until such 1515 time as the City and Contractor agree to a City-Directed Change per Section 30.01. 1516
10.11 SFD Bulky Waste Collection Service. This service is governed by the following terms and 1517 conditions: 1518
10.11.1 Conditions of Service. Contractor must provide SFD Bulky Waste Collection 1519 Service, including the Collection of E-Waste and U -Waste, to all SFD Service Units in the Service Area 1520 whose Bulky Waste, E-Waste, and U-Waste have been placed within three (3) feet of the curb, swale, paved 1521 surface of the public roadway, closest accessible roadway, or other such location agreed to by Contractor 1522 and Service Recipient, that will provide safe and efficient accessibility to Contractor's Collection crew and 1523 vehicle. Up to three (3) times per Calendar Year, each Service Recipient is entitled to receive Bulky Waste 1524 Disposal amounting to the equivalent of (a) one (1) Large Item (one [1] large item may be replaced by five 1525 [5] E-Waste items), (b) fifteen (15) 35-gallon bags with a maximum weight of 50 pounds per each bag, (c) 1526 four (4) 95-gallon bags with a maximum weight of 50 pounds per each bag, (d) five (5) E-Waste items, or (e) 1527 up to 1.8 cubic yards of uncontainerized Garbage or Organic Waste per Dwelling Unit for up to four (4) units 1528 at no additional cost and expense. For subsequent Collection in any Calendar Year, the Contractor shall 1529 receive compensation from the Customer at the rate for such service as set in Exhibit 1. 1530
10.11.2 Frequency of Service. Bulky Waste Collection Service will be provided on the next 1531 regular Collection day if the request is received at least ten (10) Workdays in advance of the next regular 1532 Collection day. The Service Recipient may not intentionally commingle residential Bulky Waste with other 1533 Residential Waste. 1534
10.11.3 Bulky Waste Containing Freon. In the event Contractor Collects Bulky Waste that 1535 contain Freon, Contractor must handle such Bulky Waste in a manner such that the Bulky Waste is not 1536 subject to regulation as Hazardous Waste under applicable State and Federal laws or regulations. 1537
10.11.4 Maximum Reuse and Recycling. Contractor must Dispose of Bulky Waste Collected 1538 from Service Units pursuant to this Agreement in accordance with the following hierarchy: 1539
10.11.4.1 Reuse as is (where energy efficiency is not compromised). 1540
10.11.4.2 Disassemble for reuse or Recycling. 1541
10.11.4.3 Recycle. 1542
10.11.4.4 Disposal. 1543
10.11.5 Disposal of Bulky Waste. Contractor may not landfill such Bulky Waste unless the 1544 Bulky Waste cannot be reused or recycled. 1545
Article 11. MFD Service 1546
11.01 MFD Conditions of Service. Except as set forth below, Contractor must provide MFD 1547 Collection Services to all MFD Units in the Service Area. The MFD Services are governed by the following 1548 terms and conditions: 1549
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11.01.1 Bundled MFD Cart Service. Except for those Service Recipients that choose to 1550 receive Bins for service, Contractor must provide MFD Collection Service to all MFD Service Units in the 1551 Service Area whose MFD Solid Waste is properly containerized in Black/Grey Garbage Carts ; Blue 1552 Recyclable Materials are properly containerized in Recyclable Materials Carts, except as set forth in Section 1553
11.08.3; and Organic Wastes are properly containerized in Green Organic Waste Carts, except as set forth 1554 in Section 11.09.5; and where the Garbage, Recyclable Materials , and Organic Waste carts have been 1555 placed within three (3) feet of the curb, swale, paved surface of the public roadway, closest accessible 1556 roadway, or other such location agreed to by Contractor and Service Recipient that will provide safe and 1557 efficient accessibility to Contractor's Collection crew and vehicle. 1558
11.01.2 Bundled MFD Bin Service. Contractor must provide MFD Solid Waste Collection 1559 Service to MFD Service Units in the Service Area that choose to receive Bins for service. MFD Collection 1560 Service shall be provided in Garbage Bins at the size and frequency as requested by the MFD Service 1561 Recipient and including at no additional cost one (1) 96- Gallon Blue Recyclable Materials Cart and one (1) 1562 96-Gallon Green Organic Waste Cart as part of the base bundled MFD Collection Service. Additional 1563 services may be requested by the MFD Service Recipient. To be exempted from MFD Recyclable Materials 1564 Service or MFD Organic Waste Collection Service, Service Recipient must apply for exemption to the 1565 Contractor. All such exemption applications must be reported and approved by the City. Additional Collection 1566 Containers or different size Collection Containers are subject to the applicable Maximum Service Rate set 1567 forth in Exhibit 1. 1568
11.01.3 On-Premises Service. Notwithstanding any term or definition set forth in this 1569 Agreement, Contractor must provide Collection of MFD Garbage, Recyclable Materials, and Organic Waste 1570 on the MFD Service Recipients Premises to an MFD Service Unit as follows. 1571
11.01.3.1 At no additional cost to the MFD Service Unit. MFD Service Units 1572 where all adult Service Recipients residing therein have disabilities that prevent them from setting their 1573 Garbage, Recyclable Materials, Organic Waste Cart , or Bulky Waste at the curb for Collection, and if a 1574 request for on-premises service has been made. For Bulky Waste on-premises services, materials must be 1575 staged externally to the Dwelling Unit in a location that’s accessible and visible to Contractor, as close to 1576 the Service Unit’s standard curbside Collection location as is feasible for the Customer. 1577
11.01.3.2 At an additional cost to the MFD Service Unit. 1578 A. MFD Service Units where topography, steep driveways, below-grade dwellings, or 1579 limited access to public streets that prevent the MFD Service Recipient from setting their Garbage, 1580 Recyclable Materials , or Organic Waste Cart at the curb for Collection, as determined by the City and 1581 agreed by the Contractor, and if a request for on-premises service has been made. 1582 B. MFD Service Units inaccessible by standard 3- or 4-axel Collection Vehicles as 1583 determined by the Contractor and agreed by the City. Stinger/scout truck services shall be provided for the 1584 retrieval of Collection Containers from locations with accessibility constraints that make Containers difficult 1585 or impossible to access using regular trash Collection trucks. 1586
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C. Contractor must offer “push services” to MFD Service Recipients other than those 1587 listed above on a subscription basis upon request for the Maximum Service Rate set forth in Exhibit 1. Push 1588 services include, but are not limited to, dismounting from the Collection Vehicle, moving the Collection 1589 Containers from their storage location for Collection, and returning the Collection Containers back to their 1590 storage location. 1591
11.01.3.3 Contractor must provide on- premises Collection Service on the 1592 same Workday that curbside Collection would otherwise be provided to the MFD Service Unit. 1593
11.02 Frequency and Scheduling of Service. MFD Collection Service must be provided, 1594 commencing no earlier than 6:00 a.m. and terminating no later than 5:00 p.m., Monday through Friday. This 1595 service must be provided as deemed necessary and determined between Contractor and the MFD Service 1596 Unit, but such service must be received no less than one (1) time per week with no exception for Holiday (s) 1597 as set forth herein, except that Collection service scheduled to fall on a Holiday may be rescheduled as 1598 determined between the Service Unit and Contractor as long as the minimum frequency requirement is met. 1599 The size of the Container and the frequency (above the minimum) of Collection will be deter mined between 1600 the MFD Service Unit and Contractor. However, size and frequency must be sufficient to provide that no Solid 1601 Waste need be placed outside the Collection Container. Contractor must provide Containers as part of the 1602 Commercial Collection Maximum Service Rates set forth in Exhibit 1. Service Recipients may own and 1603 provide their own Compactor provided that the Service Recipient is completely responsible for its proper 1604 maintenance, and that such Compactor is of a type that is compatible with Contractor's equipment. Contractor 1605 shall operate equipment that is compatible with pre- existing Service Recipient-owned compactors. All other 1606 Collection Containers used by Service Recipients must be owned and supplied by Contractor. 1607
11.03 Manner of Collection. The Contractor must provide Collection Service with as little 1608 disturbance as possible; the Contractor must leave any Garbage, Recyclable Materials, or Organic Waste 1609 Cart in an upright position, with the lid closed, at the same point it was Coll ected, without obstructing alleys, 1610 roadways, driveways, sidewalks , or mailboxes. Contractor’s employees providing Collection Service must 1611 follow the regular walk for pedestrians while on private property and may not trespass nor cross property to 1612 the adjoining Premises unless the occupant or owner of both properties has given permission. Care should 1613 be taken to prevent damage to property, including flowers, shrubs, and other plantings. 1614
11.03.1 Any damage caused by Contractor to Service Recipient property shall be r epaired 1615 or replaced promptly. 1616
11.03.2 Notification of Accidents. Contractor shall notify City Representative of any 1617 accidents occurring within the Service Area that involve Contractor’s vehicles, employees, or equipment that 1618 result in any personal injury or property damage. Such notification shall be made within twenty -four (24) 1619 hours of occurrence to City Representative via both (a) email and (b) either an in-person visit or a telephone 1620 call. If Contractor is unable to reach City Representative in person or via t elephone, a voicemail is an 1621 acceptable alternative. 1622
11.04 Kitchen Food Waste Pails. In the event that Kitchen Food Waste Pails are no longer 1623 provided by the West Contra Costa Integrated Waste Management Authority, and subject to the terms and 1624
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conditions of Section 30.01, Contractor must make available, upon request, Kitchen Food Waste Pails that 1625 comply with Collection Container specifications in Exhibit 3. 1626
11.05 Replacement of Carts. Contractor’s employees must take care to prevent damage to Carts 1627 by unnecessary rough treatment. Any Cart damaged by the Contractor must be replaced by Contractor, at 1628 Contractor's expense, within five (5) Workdays at no cost or inconvenience to the Service Recipient. 1629
11.05.1 Upon notification to Contractor by City or a Service Recipient that the Service 1630 Recipient’s Cart(s) has been stolen or damaged beyond repair through no fault of Contractor, Contractor 1631 must deliver a replacement Cart(s) to such Service Recipient within five (5) Workday s. Contractor must 1632 maintain records documenting all Cart replacements occurring monthly. 1633
11.05.2 Each Service Recipient is entitled to the replacement of one (1) lost, destroyed, or 1634 stolen Cart every ten (10) years during the life of this Agreement at no cost to the Service Recipient. Except 1635 in the case of a Cart that must be replaced because of damage caused by Contractor or in the case where 1636 Contractor elects to replace a Cart rather than repair it on- site, Contractor will be compensated for the cost 1637 of those replacements in excess of one (1) per type of Cart per Service Recipient during the aforementioned 1638 10-year period within the Term of the Agreement, in accordance with the “Cart Exchange” Maximum Service 1639 Rate set forth in Exhibit 1, or as may be adjusted by the City from time to time as provided under this 1640 Agreement. 1641
11.05.3 Contractor understands and agrees that this provision is intended to be applied on 1642 a per Cart type, individual Service Recipient basis, and accordingly each Service Recipient could receive up 1643 to three (3) replacement Carts, one (1) of each type, every ten (10) years during the Term of the Agreement. 1644
11.05.4 Repair of Garbage, Recyclable Materials, and Organic Waste Carts. Contractor is 1645 responsible for the repair of Carts, including, but not limited to, hinged lids, wheels, and axles. Within five (5) 1646 Workdays of notification by the City or a Service Recipient of the need for such repairs, Contractor must 1647 repair the Cart or , if necessary, remove the Cart for repairs and deliver a replacement Cart to the Service 1648 Recipient. Collection Container repair also includes the removal of graffiti from the Collection Container. 1649
11.05.5 Cart Exchange. Upon notification to Contractor by City or a Service Recipient that 1650 a change in the size of a Cart is requested, Contractor must deliver such Cart to such Service Recipient 1651 within five (5) Workdays. Each MFD Service Unit is eligible to receive one (1) free Cart exchange per 1652 Calendar Year during the Term of this Agreement for moving to a larger Garbage, Recyclable Materials, or 1653 Organic Waste Cart size. Each MFD Service Unit is eligible to receive unlimited Cart exchanges per 1654 Calendar Year during the Term of this Agreement for moving to a smaller Garbage Cart size. Each MFD 1655 Service Unit is eligible to receive one (1) free Cart exchange per Calendar Year during the Term of this 1656 Agreement for moving to a smaller Recyclable Materials or Organic Waste Cart size, provided they can 1657 demonstrate that they (a) have cart storage space constraints and (b) do not generate enough of a waste 1658 stream type to justify the larger size of cart. Accordingly, Contractor will be compensated only for the cost of 1659 those exchanges in excess of one (1) per Calendar Year for those Service Units receiving larger Cart sizes, 1660 in accordance with the “Cart Exchange” service rate as set forth in Exhibit 1 or as may be adjusted this 1661 Agreement. 1662
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11.05.6 Additional Cart Request. Upon notification to the Contractor by City or a Service 1663 Recipient that additional Carts for Garbage, Recyclable Materials, or Organic Waste are requested, 1664 Contractor shall deliver such Carts to such Service Recipient within five (5) Workday s, at the rate set forth 1665 in Exhibit 1. 1666
11.05.7 Ownership of Carts. Ownership of Carts is vested in the Contractor. 1667
11.06 Cleaning of Collection Containers. Once every five (5) years , starting at the date of 1668 signature of this agreement, each MFD Service Recipient is entitled to request the exchange of up to thr ee 1669 (3) carts, one each of dirty Garbage, Recyclable Materials, and Organic Waste Carts, for clean Garbage 1670 Recyclable Materials, or Organic Waste carts. Upon receiving such a request from an MFD Service Recipient 1671 within the allowed timeframe, Contractor mus t replace the dirty Collection Containers with clean Collection 1672 Containers. This service must be provided at no charge to the Service Recipient, so long as the service is not 1673 requested more than once every five years. In addition, regardless of whether thi s cleaning is requested by 1674 the Service Recipient, Contractor will ensure that all Collection Containers are cleaned on an as-needed basis 1675 so as to maintain a clean appearance and proper function. Additional cleanings beyond once every five years 1676 will be subject to the Maximum Service Rate set forth in Exhibit 1. 1677
11.07 MFD Garbage Collection Service. This service is governed by the following terms and 1678 conditions: 1679
11.07.1 Non-Collection. Contractor is not required to Collect any Garbage that is not placed 1680 in a Garbage Car t. In the event of non- collection, Contractor must provide the following written notice via 1681 email, U.S. mail, or in person (which may be by Non-Collection Notice) to the Service Recipient: the date of 1682 the Solid Waste Non- Collection and the reason for Non- Collection. Contractor’s Non-Collection Notice for 1683 MFD Service Recipients shall also contain instructions on (a) how to schedule a Bulky Waste Collection and, 1684 if relevant, (b) how to request an additional Collection Container, as well as a QR code that links to a website 1685 with all disposal programs offered by the City. If Non-Collection occurs for some unforeseeable circumstance 1686 not listed in this Agreement that the Contractor encounters and is impeded by, Contractor shall provide the 1687 same written notice as described in this Section. 1688
11.07.2 Disposal Facility. Except as set forth below, all Garbage Collected as a result of 1689 performing Solid Waste Collection must be transported to, and Dispos ed of, at the Disposal Facilities listed 1690 in Exhibit 8. Failure to comply with this provision may result in assessment of Administrative Charges and 1691 Penalties as specified in Exhibit 5 and may result in Contractor being in default under this Agreement. 1692
11.08 MFD Recyclable Materials Service. This service is governed by the following terms and 1693 conditions: 1694
11.08.1 Conditions of Service. Contractor must provide MFD Recyclable Materials Service 1695 to all MFD Service Units in the Service Area whose Recyclable Materials are proper ly containerized in 1696 Recyclable Materials Collection Containers except as set forth below, where the Recyclable Materials 1697 Collection Containers are accessible. The Maximum Service Rates for Contractor’s MFD Recyclable 1698 Materials Services are set forth in Exhibit 1. 1699
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11.08.2 Base MFD Recyclable Materials Service. All MFD Service Recipients subscribing 1700 to MFD Solid Waste Collection Service must receive weekly Collection of Recyclable Materials with a 1701 minimum of at least one 96- gallon Recyclable Materials Cart per Servic e Recipient and included in the 1702 Bundled Rate set forth in Exhibit 1. The actual configuration of Recyclable Materials Collection Container 1703 sizes to be provided will be based on the total equivalent volume and configured in a manner determined by 1704 the Service Recipient in consultation with Contractor. 1705
11.08.3 Recyclable Materials - Improper Procedure. The Contractor is not required to 1706 Collect Recyclable Materials if the Service Recipient does not segregate the Recyclable Materials from Solid 1707 Waste or Organic Waste. F urthermore, Contractor is not required to Collect Recyclable Materials that are 1708 contaminated through commingling with Solid Waste or Organic Waste. To address contamination, 1709 Contractor must follow the steps set forth in Section 5.07. 1710
11.08.4 Materials Recovery Facility. Except as provided in Section 5.07, all Recyclable 1711 Materials Collected as a result of performing Recyclable Materials services must be delivered to the 1712 Materials Recovery Facility listed in Exhibit 8. Failure to comply with this provision may result in assessment 1713 of Administrative Charges and Penalties as specified in Exhibit 5 and may result in Contractor being in 1714 default under this Agreement. 1715
11.08.5 Move-In/Out Collection Service. Within three (3) months of a Dwelling Unit being 1716 vacated or newly occupied, for up to five (5) Dwelling Units per year , at no additional charge, each MFD 1717 Customer may request that Contractor provide one on- call Move- In/Out Recyclable Material Collection 1718 Service for recyclable packaging materials such as flattened cardboard boxes, bundled newspaper , and 1719 packaging foam. This service shall only include Recyclable Materials, and in the event that the Service 1720 Recipient includes Garbage in the materials set out for Collection by Contractor, this service shall be counted 1721 as one of the MFD Service Recipient’s free annual Bulky Waste Collections as set forth in Section 11.10. 1722
11.08.6 Recyclable Materials - Changes to Services. Should changes in Applicable Law 1723 arise that necessitate any additions or deletions to the services described in this Section, including the type 1724 of items included as Recyclable Materials, the parties will negotiate any necessary cost changes and will 1725 enter into an Agreement amendment covering such modifications to the services to be performed and the 1726 compensation to be paid in accordance with Section 30.02 before undertaking any changes or revisions to 1727 such services. 1728
11.09 MFD Organic Waste Collection Service. This service is governed by the following terms 1729 and conditions: 1730
11.09.1 Base MFD Organic Waste Service. All MFD Service Recipients subscribing to MFD 1731 Garbage Collection Service must receive weekly Collection of the equivalent volume of at least one (1) 32-1732 gallon Green Organic Waste Cart per Service Recipient included in the Bundled Service rate. The actual 1733 configuration of Organic Waste Collection Container sizes to be provided will be based on the total equivalent 1734 volume and configured in a manner determined by the Service Recipient in consultation with Contractor. 1735 Contractor may charge for MFD Organic Wast e Collection as set forth in Exhibit 1 for MFD Organic Waste 1736 Service greater than the base 32-gallon Organic Waste Cart. 1737
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11.09.2 Size and Frequency of Service. This service will be provided as deemed necessary 1738 and determined between Contractor and the Service Reci pient, but such service must be received no less 1739 than one (1) time per week with no exception for Holiday(s) as set forth herein, except that Collection Service 1740 scheduled to fall on a Holiday may be rescheduled as determined between the Service Recipient and 1741 Contractor as long as the minimum frequency requirement is met. Service may be provided by Bin or Cart 1742 at the option of the Service Recipient. The size of the Container and the frequency (above the minimum) of 1743 Collection will be determined between the Customer and Contractor. However, size and frequency must be 1744 sufficient to provide that no Organic Waste needs be placed outside the Collection Container. Service 1745 Recipients may own and provide their own Compactor provided that the Service Recipient is completely 1746 responsible for its proper maintenance, and such Compactor is of a type that is compatible with Contractor's 1747 equipment. All other Collection Containers used by Service Recipients must be owned and supplied by 1748 Contractor. 1749
11.09.3 Organic Waste Processing Facility. Contractor must deliver all Collected Organic 1750 Waste to the Organic Waste Processing Facility listed in Exhibit 8 and agreed upon by the City. Failure to 1751 comply with this provision may result in assessment of Administrative Charges and Penalties as specified in 1752 Exhibit 5 and may result in Contractor being in default under this Agreement. 1753
11.09.4 Holiday Tree Collection. Contractor must Collect Holiday Trees set out at the curb 1754 for Collection during the three- week period beginning December 26 th each year dur ing the Term of this 1755 Agreement. Contractor must deliver the Collected Holiday Trees to the Organic Waste Processing Facility 1756 for Diversion through uses other than Alternative Daily Cover or Beneficial Use. This annual service will be 1757 provided at no additional charge to the Service Recipient and shall not be counted as one of the MFD Service 1758 Recipient’s free annual Bulky Waste Collections as set forth in Section 11.10. Contractor is not required to 1759 Divert Holiday Trees with tinsel, flocking or ornaments. 1760
11.09.5 Organic Waste - Improper Procedure. Contractor is not required to Collect Organic 1761 Waste if the Service Recipient does not segregate the Organic Waste from Solid Waste or Recyclable 1762 Materials. Furthermore, Contractor is not required to Collect Organic Wastes that are contaminated through 1763 commingling with Solid Waste or Recyclable Materials. Contractor will address contamination in accordance 1764 with Section 5.07. 1765
11.10 MFD Bulky Waste Collection Service. This service is governed by the following terms and 1766 conditions: 1767
11.10.1 Conditions of Service. Contractor must provide MFD Bulky Waste Collection 1768 Service, including the Collection of E-Waste and U-Waste, to all MFD Service Units in the Service Area 1769 whose Bulky Waste, E-Waste, and U-Waste have been placed within three (3) feet of the curb, swale, paved 1770 surface of the public roadway, closest accessible roadway, or other such location agreed to by Contractor 1771 and Service Recipient, that will provide safe and efficient accessibility to Contrac tor's Collection crew and 1772 vehicle. Upon property manager request, each MFD Service Unit is annually entitled to receive Bulky Waste 1773 Collection of up to the equivalent of (a) three (3) Large Items (one [1] bulky item may be replaced by five [5] 1774 E-Waste items), (b) fifteen (15) 35-gallon bags with a maximum weight of 50 pounds per each bag , (c) four 1775 (4) 95-gallon bags with a maximum weight of 50 pounds per each bag, (d) five (5) E-Waste items, or (e) 1.8 1776
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cubic yards of uncontainerized Garbage or Organic Waste per Dwelling Unit for up to twenty (20) units at no 1777 additional cost and expense. For subsequent Collection in any Calendar Year, the Contractor shall receive 1778 compensation from the Customer at the rate for such service as set in Exhibit 1. 1779
11.10.2 Frequency of Service. Bulky Waste Collection Service will be provided on the next 1780 regular Collection day if the request is received at least ten (10) Workdays in advance of the next regular 1781 Collection day. The Service Recipient may not intentionally commingle residential Bulky Waste with other 1782 Residential Waste. 1783
11.10.3 Bulky Waste Containing Freon. In the event Contractor Collects Bulky Waste that 1784 contain Freon, Con tractor must handle such Bulky Waste in a manner such that the Bulky Waste is not 1785 subject to regulation as Hazardous Waste under applicable State and Federal laws or regulations. 1786
11.10.4 Maximum Reuse and Recycling. Contractor must Dispose of Bulky Waste Collected 1787 from Service Units pursuant to this Agreement in accordance with the following hierarchy: 1788
11.10.4.1 Reuse as is (where energy efficiency is not compromised). 1789
11.10.4.2 Disassemble for reuse or Recycling. 1790
11.10.4.3 Recycle. 1791
11.10.4.4 Disposal. 1792
11.10.5 Disposal of Bulky Waste. Contractor may not landfill such Bulky Waste unless the 1793 Bulky Waste cannot be reused or recycled. 1794
Article 12. Commercial Service 1795
12.01 Commercial Co nditions of Service. Except as set forth below, Contractor must provide 1796 Commercial Collection Services to all Commercial Service Units in the Service Area, including those City 1797 Service Units listed in Exhibit 2. MFD Units serviced with Bins will abide by the requirements listed in this 1798 Section unless they conflict wit h the requirements listed in Article 11, in which case Article 11 requirements 1799 supersede Article 12 requirements. This service is governed by the following terms and conditions: 1800
12.01.1 Provision of Service. Contractor must provide Commercial Garbage Collection 1801 Service, Commercial Recyclable Materials Service, and Commercial Organic Waste Collection Service to 1802 all Commercial Service Units Service Units in the Service Area whose Solid Waste, Recyclable Materials, 1803 and Organic Waste are properly containerized in Collection Containers as appropriate where the Collection 1804 Containers are accessible as set forth in Section 12.01.4. Contractor must offer Garbage, Recyclable 1805 Materials, and Organic Waste Carts in 32- , 64-, and 96- gallon sizes. Contractor must offer Garbage and 1806 Recyclable Materials Bins in 1-, 2-, 3-, 4-, and 6-cubic-yard sizes and must offer Organic Waste Bins in 1 -, 1807 2-, and 3-cubic-yard sizes. Contractor may offer Roll-off Containers in 10-, 20-, 30-, and 40-cubic-yard sizes. 1808 Contractor must also either provide Collection Service from Compactors that are owned by Commercial 1809 Service Units or provide Compactors for Commercial Service Units to use for Collection Service, for the 1810 Maximum Service Rates set forth in Exhibit 1 . The size of the Container and the frequency (above the 1811 minimum) of Collection will be determined between the Service Recipient and Contractor. However, the size 1812
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and frequency must be sufficient to provide that no Garbage, Recyclable Materials, or Organic Waste need 1813 be placed outside the Collection Container. The base Commercial Collection Service will include Commercial 1814 Recyclable Materials Service as described in Section 12.06 below, and Commercial Organic Waste 1815 Collection Service as described in Section 12.07 below. 1816
12.01.2 Bundled Service . For the Commercial Solid Waste Collection Service system, 1817 Contractor shall provide Garbage Bins as requested by the Commercial Service Recipient and include at no 1818 additional cost one (1) 96- Gallon Blue Recyclable Materials Cart and one (1) 32- Gallon Green Organic 1819 Waste Cart service as part of the base bundled Commercial Collection Service. Additional services may be 1820 requested by the Commercial Service Recipient. To be exempted from Commercial Recyclable Materials 1821 Service or Commercial Organic Waste Collection Service, Service Recipient must apply for exemption to 1822 the Contractor. All such exemption applications must be reported and approved by the City. 1823
12.01.3 Hours of Collection. Commercial Collection Service must be provided commencing 1824 no earlier than 4 :00 a.m., and terminating no later than 7 :00 p.m., Monday through Saturday, except for 1825 Holidays. The hours, day, or both of Collection may be extended due to extraordinary circumstances or 1826 conditions with the prior verbal or written consent of the Agreement Administrator. 1827
12.01.4 Accessibility. Contractor must Collect all Collect ion Containers that are readily 1828 accessible to Contractor's crew and vehicles and not blocked. However, Contractor must provide “push 1829 services” and “stinger/scout truck services” as necessary upon request during the provision of Commercial 1830 Collection Services for the Maximum Service Rate set forth in Exhibit 1. Push services include, but are not 1831 limited to , dismounting from the Collection Vehicle , moving the Collection Containers from their storage 1832 location for Collection, and returning the Collection Containers back to their storage location, relocking the 1833 storage enclosure if a lock is included. Stinger/scout truck services provide for the retrieval of Collection 1834 Containers from locations with accessibility constraints that make Containers difficult or impossible to access 1835 using regular trash Collection trucks. 1836
12.01.5 Manner of Collection. Contractor must provide Commercial Collection Service 1837 consistent with Section 8.12.070 of the San Pablo Municipal Code with as little disturbance as possible and 1838 must leave any Collection Container in an upright position, with the lid closed, at the same point it originally 1839 located, without obstructing alleys, roadways, driveways, sidewalks, or mailboxes. 1840
12.02 Containers. At the start of this Agreement, Contractor must supply new Carts to Service 1841 Recipients not currently receiving Commercial Recyclable Materials Service and/or Commercial Organic 1842 Waste Collection Service, as well as Bins and Roll-off Containers in good condition that comply with Collection 1843 Container specifications in Exhibit 3. If any changes to these specifications are adopted after the 1844 Commencement Date that results in Contractor being required to replace Collection Containers before they 1845 have been fully depreciated, Contractor will be eligible for additional compensation in accordance with Section 1846
30.02. 1847
12.02.1 Purchase and Distribution of Collection Containers for New Commercial Service 1848 Units. Contractor must also distribute newly painted Collection Containers as specified in Exhibit 3 to new 1849 Commercial and MFD Service Units that are added to Contractor’s Servic e Area during the Term of this 1850
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Agreement. The size and mix of the Collection Containers will be in accordance with the service agreement 1851 obtained by Contractor as set forth in this Agreement and the distribution must be completed within five (5) 1852 Workdays of receipt of the request for service. 1853
12.02.2 Replacement of Collection Containers. Contractor’s employees must avoid damage 1854 to Collection Containers by unnecessary rough treatment. Any Collection Container damaged by the 1855 Contractor must be replaced by Contractor, at Contractor's expense, within five (5) Workdays at no cost or 1856 inconvenience to the Service Recipient. 1857
12.02.2.1 Each Commercial Service Unit is entitled to the replacement of 1858 one (1) lost, destroyed, or stolen Garbage, Recyclable Materials, and Organic Collectio n Container every 1859 ten (10) years during the life of this Agreement at no cost to the Service Unit. Accordingly, Contractor will 1860 be compensated for the cost of those replacements in excess of one (1) Garbage, Recyclable Materials, 1861 and Organic Collection Container per Commercial Service Unit during the aforementioned 10- year period 1862 within the Term of the Agreement , in accordance wit h the “Collection Container Exchange” Maximum 1863 Service Rate, as appropriate, set forth in Exhibit 1 . Contractor must deliver a replacement Collection 1864 Container to such Service Unit within five (5) Workdays. 1865
12.02.3 Repair of Collection Containers . Contractor is responsible for repair of Collection 1866 Containers. Within five (5) Workday s of notification by City or a Service Recipient of the need for such 1867 repairs, Contractor must repair the Collection Container or, if necessary, remove the Collection Container 1868 for repairs and deliver a replacement Collection Container to the Service Recipient. Collection Container 1869 repair also includes the removal of graffiti from the Collection Container. 1870
12.02.4 Collection Container Exchange. Upon notification to Contractor by City or a Service 1871 Recipient that a change in the ir Collection Containers is required, for reasons beyond those outlined in 1872 Section 12.02.2, Contractor must deliver such Collection Containers to such Service Recipient within five (5) 1873 Workdays. Each Commercial Service Unit is eligible to receive one (1) free Collection Container exchange 1874 per Calendar Year during the Term of this Agreement . Contractor is allowed to charge the Service Unit for 1875 the cost of those exchanges in excess of one (1) Collection Container exchange per Calendar Year, in 1876 accordance with the appropriate “Collection Container Exchange” service rate set forth in Exhibit 1 as may 1877 be adjusted by City under this Agreement . Additional Collection Containers or different size Collection 1878 Containers are subject to the applicable Maximum Service Rate set forth in Exhibit 1. 1879
12.03 Ownership of Collection Containers . Ownership of Collection Containers distributed by 1880 Contractor is vested in Contractor. 1881
12.04 Cleanliness of Collection Containers. Once every five (5) years, starting at the date of 1882 signature of this agreement, each Commercial Service Recipient is entitled to request the exchange of u p to 1883 three (3) Collection Containers, one each of dirty Garbage, Recyclable Materials, and Organic Waste 1884 Containers, for clean Garbage, Recyclable Materials, or Organic Waste Containers. Upon receiving such a 1885 request from a Commercial Service Recipient within the allowed timeframe, Contractor must replace the dirty 1886 Collection Containers with clean Collection Containers. This service must be provided at no charge to the 1887 Service Unit, so long as the service is not requested more than once every five years. In addition, regardless 1888
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of whether this exchange is requested by the Service Unit, Contractor will ensure that all Collection Containers 1889 are exchanged on an as-needed basis so as to maintain a clean appearance and proper function. Additional 1890 exchanges beyond once every five years will be subject to the Maximum Service Rate set forth in Exhibit 1. 1891
12.05 Commercial Garbage Collection Service. 1892
12.05.1 Conditions of Service. Contractor must provide Commercial Garbage Collection 1893 Service to all Commercial Service Units in the Service Area whose Garbage is properly containerized in 1894 Garbage Collection Containers, where the Garbage Collection Containers are accessible. 1895
12.05.2 Size and Frequency of Service. This service must be provided as deemed 1896 necessary and determined between Contractor and the Commercial Service Unit, but such service must be 1897 received no less than one (1) time per week with no exception for Holiday(s) as set forth herein, except that 1898 Collection service scheduled to fall on a Holiday may be rescheduled as determined between the Service 1899 Unit and Contractor as long as the minimum frequency requirement is met. The size of the Container and 1900 the frequency (above the minimum) of Collection will be determined between the Commercial Service Unit 1901 and Contractor. However, size and frequency must be sufficient to provide that no Solid Waste need be 1902 placed outside the Collection Container . Contractor must provide Containers as part of the Commercial 1903 Collection Maximum Service Rates set forth in Exhibit 1. Service Recipients may own and provide their own 1904 Compactor provided that the Service Recipient is completely responsible for its proper maintenance, and 1905 that such Compactor is of a type that is compatible with Contractor's equipment. All other Collection 1906 Containers used by Service Recipients must be owned and supplied by Contractor . 1907
12.05.3 Non-Collection. Contractor is required to Collect any Commercial Solid Waste that 1908 is not pl aced in a Garbage Collection Container if such Commercial Solid Waste is outside the Garbage 1909 Collection Container because of overflow. In the event of non- collection, Contractor must provide the 1910 following written notice via email, U.S. mail, or in person ( which may be by Non- Collection Notice) to the 1911 Service Recipient: the date of the Solid Waste Non- Collection and the reason for Non- Collection. 1912 Contractor’s Non-Collection Notice for Commercial Service Recipients shall also contain instructions on how 1913 to request an additional Collection Container , if relevant. If Non-Collection occurs for some unforeseeable 1914 circumstance not listed in this Agreement that the Contractor encounters and is impeded by, Contractor shall 1915 provide the same written notice as described in this Section. 1916
12.05.4 Disposal Facility. All Solid Waste Collected as a result of performing Commercial 1917 Solid Waste Collection must be transported to, and Dispos ed of at, the Disposal Facility. Failure to comply 1918 with this provision may result in assessment of Administrative Charges and Penalties as specified in Exhibit 1919 5 and may result in Contractor being in default under this Agreement. 1920
12.06 Commercial Recyclable Materials Service. This service is governed by the following terms 1921 and conditions: 1922
12.06.1 Conditions of Service. Contractor must provide Commercial Recyclable Materials 1923 Service to all Commercial Service Units in the Service Area whose Recyclable Materials are properly 1924 containerized in Recyclable Materials Collection Containers, except as set forth below, where the Recyclable 1925
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Materials Collection Containers are accessible. The Maximum Service Rates for Contractor’s Commercial 1926 Recyclable Materials Services are set forth in Exhibit 1. 1927
12.06.2 Base Commercial Recyclable Materials Service. All Commercial Service Recipients 1928 subscribing to Commercial Solid Waste Collection Service must receive weekly Collection of Recyclable 1929 Materials with a minimum of at least one 96-gallon Blue Recyclable Materials Cart per Service Recipient at 1930 no additional cost as part of the base service and included in the Bundled Rate set forth in Exhibit 1 . The 1931 actual configuration of Recyclable Materials Collection Container sizes to be provided will be based on the 1932 total equivalent volume and configured in a manner determined by the Service Recipient in consultation with 1933 Contractor. 1934
12.06.3 Size and Frequency of Service. This service will be provided as deemed necessary 1935 and determined between Contractor and the Service Recipient, but such service must be received no less 1936 than one (1) time per week with no exception for Holiday(s) as set forth herein, except that Collection service 1937 scheduled to fall on a Holiday may be rescheduled as determined between the Ser vice Recipient and 1938 Contractor as long as the minimum frequency requirement is met. Service may be provided by Collection 1939 Container at the option of the Service Recipient. The size of the Collection Container and the frequency 1940 (above the minimum) of Collect ion will be determined between the Service Recipient and Contractor. 1941 However, size and frequency must be sufficient to provide that no Recyclable Materials need be placed 1942 outside the Collection Container. Contractor may charge for Commercial Recyclable Mat erials Services 1943 above the weekly trash volume equivalent and must provide Recyclable Materials Collection Containers as 1944 a part of the Bundled Service with rates set forth in Exhibit 1. Service Recipients may own and provide their 1945 own Compactor provided that the Service Recipient is completely responsible for its proper maintenance, 1946 and that such Compactor is of a type that is compatible with Contractor's equipment. All other Collection 1947 Containers used by Service Recipients must be owned and supplied by Contractor. 1948
12.06.4 Recyclable Materials - Improper Procedure. Contractor is not required to Collect 1949 Recyclable Materials if the Service Recipient does not segregate the Recyclable Materials from Commercial 1950 Solid Waste and Organic Waste. Furthermore, Contractor is not required to Collect Recyclable Materials 1951 that are contaminated through commingling with Solid Waste or Organic Waste. To address contamination, 1952 Contractor must follow the steps as set forth in Section 5.07. 1953
12.06.5 Materials Recovery Facility. All Recyclable Materials Collected as a result of 1954 performing Recyclable Materials Services must be delivered to the Material s Recovery Facility listed in 1955 Exhibit 8. Failure to comply with this provision may result in assessment of Administrative Charges and 1956 Penalties as specified in Exhibit 5 and may result in Contractor being in default under this Agreement. 1957
12.06.6 Recyclable Materials - Changes to Work. Should changes in law arise that 1958 necessitate any additions or deletions to the work described herein including the type of items included as 1959 Recyclable Materials, the parties will negotiate any necessary cost changes and will enter into an Agreement 1960 amendment covering such modifications to the work to be performed and the compensation to be paid in 1961 accordance with Section 30.02 before undertaking any changes or revisions to such work. 1962
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12.06.7 Additional Recyclable Materials Collection Containers. Contractor must provide 1963 additional Recyclable Materials Collection Containers to Commercial Service Recipients above the minimum 1964 requirements within five (5) days of request and may charge for such additional capacity set forth in Exhibit 1965 1 provided that additional Collection Containers are used by Service Recipients for the purpos es of setting 1966 out additional Recyclable Materials for regular weekly Commercial Recyclable Materials Service. 1967
12.07 Commercial Organic Waste Collection Service. This service is governed by the following 1968 terms and conditions: 1969
12.07.1 Conditions of Service. Contractor must provide Commercial Organic Waste 1970 Collection Service to all Commercial Service Units in the Service Area whose Organic Waste is properly 1971 containerized in Organic Collection Containers , where the Organic Waste Collection Containers are 1972 accessible. Contractor will conduct a site visit with each non- exempt Service Recipient to determine the 1973 specific materials to be included in the Service Recipient’s Organic Waste Collection (i.e., Food Waste, 1974 Green Waste, combined Food and Green Waste). Contractor will charge for Collection of Organic Waste 1975 within the Bundled Service rate specified in Exhibit 1. For Organic Waste Collected in Collection Containers 1976 beyond the size specified in the Bundled Service rate, Contractor will charge at the rate set forth in Exhi bit 1977
1. Contractor agrees that not all Service Units will elect to receive Organic Waste Collection Service in Carts, 1978 and that Contractor will provide Organic Waste Collection Bins upon request and as necessary. Service 1979 Recipients may elect to add Green Was te only Collection Bins to their service at pricing included in Exhibit 1980
1. Contractor will provide enough Collection Containers and at a Collection frequency to allow for any such 1981 Service Unit to utilize the Collection of Organic Waste. Commercial Organic Waste Collection will occur 1982 Monday through Saturday upon request and as necessary. City shall provide Contractor a list of the names 1983 and addresses of Commercial Service Units that are approved by City for exemption from Organic Waste 1984 Collection. 1985
12.07.2 Organic Waste Processing Facility. Contractor must deliver all Collected Organic 1986 Waste to the Organic Waste Processing Facility listed in Exhibit 8. Failure to comply with this provision may 1987 result in assessment of Administrative Charges and Penalties as specified in Exhibit 5 and may result in 1988 Contractor being in default under this Agreement. 1989
12.07.3 Organic Waste Collection Frequency. Contractor must comply with CalRecycle 1990 Collection frequency requirements as they may apply during the Term of this Agreement . If any such 1991 changes to Collection frequency are adopted after Commencement Date that result in Contractor being 1992 allowed to reduce the frequency of Garbage or Organic Waste Collection, or otherwise cause Contractor to 1993 reduce its Collection costs as a result in a chang e in Garbage or Organic Waste Collection frequency, 1994 Contractor must provide City with its estimate of its reduced costs and shall make adjustments to the 1995 Maximum Service Rates. 1996
12.07.4 Base Commercial Organic Waste Service. All Commercial Service Recipients 1997 subscribing to Commercial Garbage Collection Service must receive weekly Collection of the equivalent 1998 volume of at least one (1) 32-gallon Green Organic Waste Cart per Service Recipient at no additional cost 1999 as part of the base service included in the Bundled Service rate. The actual configuration of Organic Waste 2000 Collection Container sizes to be provided will be based on the total equivalent volume and configured in a 2001
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manner determined by the Service Recipient in consulta tion with Contractor . Contractor may charge for 2002 Commercial Organic Waste Collection as set forth in Exhibit 1 for Commercial Organic Waste Service 2003 greater than the base 32-gallon Organic Waste Cart. 2004
12.07.5 Size and Frequency of Service. This service will be provided as deemed necessary 2005 and determined between Contractor and the Service Recipient , but such service must be received no less 2006 than one (1) time per week with no exception for Holiday(s) as set forth herein, except that Collection service 2007 scheduled to fall on a Holiday may be rescheduled as determined between the Service Recipient and 2008 Contractor as long as the minimum frequency requirement is met. Service may be provided by Bin or Cart 2009 at the option of the Service Recipient. The size of the Container and the frequency (above the minimum) of 2010 Collection will be determined between the Customer and Contractor. However, size and frequency must be 2011 sufficient to provide that no Organic Waste needs be placed outside the Collection Container . Service 2012 Recipients may own and provide their own Compactor provided that the Service Recipient is completely 2013 responsible for its proper maintenance, and that such Compactor is of a type that is compatible with 2014 Contractor's equipment. All other Collection Containers used by Service Recipients must be owned and 2015 supplied by Contractor. 2016
12.07.6 Organic Waste - Improper Procedure. Contractor is not required to Collect Organic 2017 Waste if the Service Recipient does not separate the Organic Waste from Solid Waste and Recyclable 2018 Materials. Furthermore, Contractor is not required to Collect Organic Waste that is contaminated through 2019 commingling with Solid Waste or Recyclable Materials . To address contamination, Contractor must follow 2020 the steps set forth in Section 5.07. 2021
12.07.7 Organic Waste - Changes to Services. Should changes in law arise that necessitate 2022 any additions or delet ions to the services described in this Section, including the type of items included as 2023 Organic Waste, the parties will negotiate any necessary cost changes and will enter into a n Agreement 2024 amendment covering such modifications to the services to be performed and the compensation to be paid 2025 in accordance with Section 30.02 before undertaking any changes or revisions to such services. 2026
12.07.8 Additional Organic Waste Collection Containers. Contractor must provide additional 2027 Organic Waste Collection Containers to Service Recipients at the rates listed in Exhibit 1 provided that 2028 additional Collection Containers are used by Service Recipients for the proposes of setting out additional 2029 Organic Waste materials for regular weekly Organic Waste Collection Service. 2030 Article 13. Industrial Service 2031
13.01 Temporary Bin and Roll-Off Container Service. Contractor shall provide temporary Bin and 2032 Roll-Off Container service, including Construction and Demolition Debris Bins, to Service Recipients. 2033 Contractor must offer t emporary Bins in 1 -, 2 -, 3 -, 4 -, and 6- cubic-yard sizes, and Contractor must offer 2034 temporary Roll-Off Containers in 10-, 20-, 30-, and 40-cubic-yard sizes. Contractor shall deliver such Bin or 2035 Roll-Off Container within one (1) Business Day of request. The size of the Container and the frequency of 2036 Collection will be determined between the Service Recipient and Contractor. The Contractor shall receive 2037 compensation for Temporary Bin and Roll- Off Container Service from the C ustomer at the rate for such 2038 service as set in Exhibit 1. Contractor shall also offer discounts on temporary Roll-Off Container Service Rates 2039
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for homeowner’s associations when requested, for a discount of up to 25% of the standard Service Rates for 2040 the requested service. 2041
13.02 Monthly Roll-Off Container Serv ice. Contractor shall provide monthly Roll -Off Container 2042 service, including Construction and Demolition Debris Bins, to Service Recipients. Contractor may offer 2043 monthly Roll-Off Containers in 10-, 20-, 30-, and 40-cubic-yard sizes. Contractor shall deliver such Roll -Off 2044 Container within one Business Day of request. Contractor must also either provide Collection Service from 2045 Compactors that are owned by Commercial Service Units or provide Compactors for Commercial Service 2046 Units to use for Collection Service, for the Maximum Service Rates set forth in Exhibit 1. The size of the 2047 Container and the frequency of Collection will be determined between the Service Recipient and Contractor. 2048 The Contractor shall receive compensation for monthly Roll-Off Container Service from the Customer at the 2049 rate for such service as set in Exhibit 1. 2050
13.03 Hours of Collection. Industrial Collection Service must be provided commencing no earlier 2051 than 4:00 a.m., and terminating no later than 7:00 p.m., Monday through Saturday, except for Holidays. The 2052 hours, day, or both of Collection may be extended due to extraordinary circumstances or conditions with the 2053 prior verbal or written consent of the Agreement Administrator. 2054 Article 14. City Services 2055
14.01 City Collection Services. 2056
14.01.1 Contractor shall provide Garbage, Recyclable Materials , and Organic Waste 2057 Collection Services to all City Service Units set forth in Exhibit 2, or as City may designate in the future (and 2058 where applicable, subject t o the conditions in this Section), where the Containers are not blocked and are 2059 accessible by Contractor’s Collection Vehicles. City may update Exhibit 2 annually. 2060
14.01.2 Bulky Waste Collection Service. Contractor shall Collect Bulky Waste, including E-2061 Waste and U-Waste, from City Services Units as listed on Exhibit 2 on an on-call basis on the same terms 2062 and conditions as are provided to SFD Service Units per Section 10.11. 2063
14.01.3 Development Review. Contractor, upon City’s request, shall assist the City in the 2064 review of applicants’ plans for projects covered by Public Resources Code Section 42911, including 2065 commercial and multi-family projects, to provide for effective and economical accumulation and Collection 2066 of Solid Waste. 2067
14.01.4 Abandoned Waste Removal. Upon request from the Agreement Administrator or 2068 other authorized City staff , Contractor shall provide abandoned waste removal services within forty-eight 2069 (48) hours . Contractor shall be responsible for loading or arranging for loading of abandoned waste. 2070 Contractor shall Collect, transport, and deliver abandoned waste to the Disposal Facility, the Materials 2071 Recovery Fac ility, or Organic Waste Processing Facility as appropriate given the characteristics of the 2072 abandoned waste. Contractor shall Collect, transport, and process the abandoned waste from up to one 2073 hundred (100) abandoned waste incidents identified by the City each Agreement Year at no charge to the 2074 City. Contractor shall do all of the following: 2075
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(a) Contractor will Collect Abandoned Waste discarded along roads at locations identified 2076 by the City (which may include reports of locations by members of the public to the City 2077 or to Contractor from City staff). 2078
(b) Contractor shall respond to requests from the City to Collect abandoned waste on City 2079 Premises. 2080
(c) Contractor shall proactively Collect any and all Abandoned Waste from designated Hot 2081 Spots identified by the City, on a schedule set by the City. 2082 (d) Contractor shall proactively Collect any and all unreported Abandoned Waste that is 2083 discovered during the course of regular Collection Service. 2084 (e) Contractor shall cooperate with City in any investigation and prosecution of illegal 2085 dumping. 2086
(f) Contractor shall clean up all abandoned waste and debris within a 10-foot radius of 2087 each Abandoned Waste Collection site. 2088
(g) Each Abandoned Waste Collection incident shall equate to no more than four (4) 2089 cubic yards of debris. Any additional volume above four (4) cubic yards of debris shall 2090 be considered a second incident. 2091
If Contractor is directed by City to Collect abandoned waste more than one hundred (100) times in a year 2092 as described above, Contractor shall be entitled to charge the City for Collected materials exceeding one 2093 hundred (100) Collections per Agreement Year in accordance with the Service Recipient Rates as set forth 2094 in Exhibit 1. 2095
14.01.5 Contractor shall publicize, to the satisfaction of City, two options for members of the 2096 public to use to report abandoned waste and illegal dumping. The first option, which is preferred by the City, 2097 is for the public to use the City’s free smartphone application. This option should always be listed first in 2098 publicity materials. The second option is the Contra Costa Clean Water Program toll free number 1-800-NO 2099 DUMPING. 2100
14.01.6 City-Sponsored Events Service. Upon request by the City, Contractor shall provide 2101 Garbage, Recyclable Materials, and Organic Waste Containers and Collection Services at up to eight (8) 2102 City-Sponsored Events annually at no cost to the City. Containers shall be delivered and picked up on the 2103 same day as each event, to prevent unauthorized use of the Containers. 2104
14.01.7 City Dumpster Service. Upon request from City, and at no additional cost to C ity, 2105 Contractor shall provide Roll-Off Containers for large-scale City clean-ups, provided that City provides one 2106 week of advance notice to Contractor. Examples of large- scale City clean-ups may include creek desilting 2107 events, clearance of materials left after clearing encampments, City Facility move-out days, “Mini Dumpster 2108 Days” (see Section 15.01 for a description of Dumpster Days), tenant improvements at City F acilities, and 2109 other miscellaneous activities on City or public property that involve large quantities of debris. Contractor 2110 shall provide up to four (4) 40-yard Roll-Off Containers, or three (3) 40-yard Roll-Off Containers plus one 10-2111
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cubic-yard low-wall wet dumpster , per event , for up to twenty (20) events per year. Containers shall be 2112 delivered and picked up on the same day as each clean-up, to prevent unauthorized use of the Containers. 2113
14.02 City Collection Conditions of Service. City Collection Services shall be governed by the 2114 following terms and conditions: 2115
14.02.1 Contractor’s Good Will. In exchange for the good will of the City and the general 2116 public, Contractor voluntarily agrees to provide Solid Waste Collection under this Article at no cost to the 2117 City excepting excess service as provided in this Article and warrants that such service shall neither impact 2118 the Maximum Service Rates nor be otherwise paid for or subsidized by any other Service Recipients. 2119
14.02.2 Contractor shall receive written permission from the City before placing any 2120 Collection Containers on City-owned property for service, except that no suc h permission shall be needed 2121 to place Collection Containers at locations specified for such Containers in Exhibit 2. 2122
14.02.3 Contractor shall limit the number of trips and the path of travel for Collection 2123 Vehicles in City parking lots. 2124
14.02.4 Container Service. City Facilities shall be provided Solid Waste Collection generally 2125 subject to the same terms and conditions as similar Service Units regarding Container specifications, repair, 2126 replacement, cleanings, and exchange; provided the City shall not be charged for any requests for such 2127 services. 2128
14.02.5 Frequency of Service. The frequency of Collection may be designated by the City, 2129 but not to exceed six (6) times per week per Container. City may change the City Service Units receiving 2130 service, and the Container volume and Collection frequency provided to any City Service Unit, by written 2131 notice to Contractor. 2132
14.02.6 Keys to City Facilities. City may issue Contractor sets of keys to facilitate access to 2133 City Service Unit sites. Contractor shall be responsible for the safekeeping of these keys, and shall pay for 2134 the replacement cost of keys if replacements are needed. 2135
14.03 Transfer Station Reimbursement Program for City Service Units . Contractor shall provide 2136 reimbursement to City for City Service Unit delivery of materials to the Gol den Bear Transfer Station. City 2137 shall provide reimbursement requests with back -up documentation quarterly, and Contractor shall provide 2138 reimbursement quarterly, up to an annual maximum to be determined via meet and confer per Section 6.06.3. 2139 The agreed upon payment amount shall increase annually by the CPI Adjustment Calculation in Section 2140
6.03.1. 2141
14.04 HHW Drop -Off Reimbursement Program for City Service Units . In the event that City 2142 Service Unit delivery of HHW to the West Contra Costa County Household Hazardous Waste Facility is no 2143 longer free to the City, and subject to the terms and conditions of Section 30.01, Contractor shall provide 2144 reimbursement to City for any costs accrued by City Service Unit delivering HHW to the West Contra Costa 2145 County Household Hazardous Waste Facility. City shall provide reimbursement requests with back -up 2146 documentation quarterly, and Contractor shall provide reimbursement quarterly, to be determined via meet 2147
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and confer per Section 6.06.3. The agreed upon payment amount shall increase annually by the CPI 2148 Adjustment Calculation in Section 6.03.1. 2149
Article 15. Additional Services 2150
15.01 City-Wide Clean-Up Events . Contractor shall provide Collection Services at City-Wide 2151 Clean-Up Events (also known as “Dumpster Days”) at a maximum of eight (8) per year upon request by City. 2152 Each event shall occur on a Saturday between the hours of 7 :00 a.m. and 12:00 p.m. at a location selected 2153 by the City and shall be limited to SFD and MFD Service Recipients within the City. At no cost to the City, the 2154 Contractor shall provide up to five (5) 40-yard Roll-off Containers for Solid Waste, one (1) 20- yard Roll-Off 2155 Container for metals , and one (1) 20- yard Container for Green Waste per event. The services shall be 2156 provided in a manner that meets all needs of the City-Wide Clean-Up Event. The Agreement Administrator 2157 shall notify Contractor in writing or email not less than three (3) weeks prior to the date of each City-Wide 2158 Clean-Up Event. The events must not occur during the week of a Holiday. Contractor shall prepare and 2159 distribute Clean-Up Event notices to SFD and MFD Service Recipients no later than one (1) week prior to 2160 each event. At a minimum, the notices shall include the dates and hours of operation, locations of the 2161 Collection sites, and acceptable materials for Collection. Contractor may separately electronically transmit 2162 the notices or provide the notices as billing inserts to each SFD and MFD Service Recipient. Contractor shall 2163 provide Spanish-translated notices upon request by the C ity. The costs of production, printing, mailing and 2164 all associated costs for the notices shall be borne by Contractor. Contractor shall also provide their information 2165 in digital format to the City. 2166
15.02 Recovered Organic Waste Procurement. Contractor shall assist the City in meeting the SB 2167 1383-mandated recovered Organic Waste procurement target. At no cost to the City, Contractor must assist 2168 City in arranging for produced Compost, mulch, or other recovered Organic Waste products to comply with 2169 SB 1383 procureme nt requirements to be delivered in qualities, quantities, locations , and times agreed on 2170 between City and Contractor. Such Contractor assistance can be in the form of backhauling materials or 2171 setting aside locations for Service Recipients to pick up produc ed Compost/mulch at an approved facility. 2172 Contractor agrees to provide up to fifty (50) cubic yards of Compost or mulch to the City annually. The services 2173 described in this Section are not effective until such time as the City and Contractor agree to a City -Directed 2174 Change per Section 30.01. 2175
15.03 Compost Giveaway Events. In the event that C ompost is no longer provided by the West 2176 Contra Costa Integrated Waste Management Authority, and subject to the terms and conditions of Section 2177
30.01, Contractor will provide at least two C ompost giveaway events per year for City residents. Contractor 2178 shall make available at least sixty (60 ) cubic yards of Compost on an annual basis at no additional cost to 2179 City. The location, date, and time of such events shall be mutually agreed upon by Contractor and City. The 2180 services described in this Section are not effective until such time as the City and Contractor agree to a City-2181 Directed Change per Section 30.01. 2182
15.04 Grant Program for Prevention of Blight and Unlawful Dumping. Contractor will pay to the 2183 City a sum of fifteen thousand dollars ($15,000) to facilitate the prevention of blight, unlawful dumping, and 2184 other activities consistent with the goals of AB 939, SB 1383, SB 54, and/or other state-mandated Solid Waste 2185
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requirements, as sponsored through its Annual Community Grant Fund. This payment amount shall increase 2186 annually by the CPI Adjustment Calculation in Section 6.03.1. 2187
15.05 Edible Food Recovery Support. In the event that Edible Food Recovery support is no longer 2188 provided by the West Contra Costa Integrated Waste Management Authority, and subject to the terms and 2189 conditions of Section 30.01, Contractor will, at no additional cost to the City, provide support to the City’s 2190 Edible Food Recovery program as required under SB 1383. Contractor support may include educating 2191 commercial Edible Food generators, providing records of site visits, conducting education efforts, providing 2192 lists of food recovery organizations, and coordinating with Agreement Administrator. Contractor will assist the 2193 City in conducting Food Waste and Green Waste surveys and Diversion programs by providing accurate and 2194 timely service data, conducting site visits, and distributing materials. The services described in this Section 2195 are not effective until such time as the City and Contractor agree to a City-Directed Change per Section 30.01. 2196
15.06 Transfer Station Voucher Program for Residents. Contractor shall pay the City a sum of 2197 twenty-five thousand dollars ($25,000) per year to fund a Transfer Station voucher program for City residents. 2198 City will distribute vouchers to City residents for use delivering mattresses, tires, and miscellaneous Solid 2199 Waste to the Golden Bear Transfer Station. Vouchers shall be only for use of City residents , and voucher -2200 holders shall provide proof of residence upon drop-off at the Golden Bear Transfer Station. This payment 2201 amount shall increase annually by the CPI Adjustment Calculation in Section 6.03.1. 2202
15.07 HHW and Extended Producer Responsibility Drop-Off Events. Contractor shall provide a 2203 minimum of two City-wide HHW (including E-waste, U-Waste, pharmaceuticals, and sharps), textile, carpet, 2204 and mattress Collection drives on an annual basis. The events shall be conducted by Contractor at no cost 2205 of any kind to the City. Contractor will schedule Collection events with City approval and advertise the drop-2206 off events not less than one week prior to the scheduled Collection event, but no more than one month prior 2207 to the scheduled Collection event. All textile, carpet, and mattresses Collected through this program shall be 2208 Diverted from the landfill, either through donation to a local non-profit organization or through other means of 2209 Diversion. Contractor must arrange for appropriate disposal of all HHW generated by each event. The 2210 services described in this Section are not effective until such time as the City and Contractor agree to a City-2211 Directed Change per Section 30.01. 2212
15.08 HHW Drop-Off Site. In the event that the City’s HHW is no longer accepted by the West 2213 Contra Costa Integrated Waste Management Authority, and subject to the terms and conditions of Section 2214
30.01, Contractor will provide at least one HHW drop-off site within the City limits and provide free HHW drop-2215 off services to City residents. The services described in this Section are not effective until such time as the 2216 City and Contractor agree to a City-Directed Change per Section 30.01. 2217
15.09 Sharps Collection Program. Home-generated sharps, such as needles, syringes, and 2218 lancets, shall be placed in a sharps Container and removed from the regular waste stream to minimize 2219 exposure to Solid Waste workers and Recyclable Materials processors. To ensure sharps are handled in an 2220 appropriate manner, Contractor shall provide, upon request, postage-paid mail-back sharps Containers as 2221 follows. In addition, Contractor shall promote this program in newsletters and in other forms of outreach as 2222 determined by City. The services descri bed in this Section are not effective until such time as the City and 2223 Contractor agree to a City-Directed Change per Section 30.01. 2224
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15.09.1 Each SFD Service Recipient shall be provided with up to one postage- paid mail-2225 back sharps Container per year at no additional cost. Seniors shall be provided with up to two postage-paid 2226 mail-back sharps Containers per year at no additional cost. 2227
15.09.2 Each MFD dwelling within an MFD Service Unit, up to 20 dwellings per Service Unit, 2228 shall be provided with up to one postage- paid mail-back sharps Container per year at no additional cost. 2229 Seniors shall be provided with up to two postage-paid mail-back sharps Containers per year at no additional 2230 cost. 2231
15.09.3 Contractor shall provide to the City on an annual basis not less than 200 postage-2232 paid mail-back Sharps Containers for City staff to distribute at special events. 2233
15.10 Support in Complying with SB 54. Contractor will, at no cost to the City, provide support to 2234 the City in complying with SB 54. Contractor support may include, but is not limited to, record-keeping, 2235 collection of data, waste stream sampling, and compilation of reports. 2236 Article 16. Collection Routes 2237
16.01 Service Routes. Contractor must provide City with maps and digital mapping data precisely 2238 defining Collection routes, together with the days and the times at which Collection will regularly commence. 2239
16.02 Service Routes Near Schools. Contractor agrees not to schedule Collection service within 2240 500 feet of a schoo l’s roadway frontage and/or driveways during either the school’s daily morning student 2241 arrival window(s) or the school’s daily afternoon student departure window(s), 2242
16.03 Initial Route Changes. Contractor agrees not to change any Residential Solid Waste 2243 Collection routes in effect as of the Effective Date of this Agreement prior to July 1, 2026, except for limited 2244 route changes that may be necessary for new development and subject to review and approval by the City. 2245 After July 1, 2026, if any re-routing of Residential Solid Waste Collection is necessary for Collection efficiency, 2246 Contractor may submit to City, in writing, proposed route changes (including maps thereof) not less than sixty 2247 (60) calendar days prior to the proposed date of implementation. Any such initial routing change may not 2248 affect more than ten percent (10%) of SFD Service Units in the City and is subject to City review and approval. 2249
16.04 Future Service Route Changes. Contractor must submit to City, in writing, any proposed 2250 route change (including maps thereof) not less than sixty (60) calendar days prior to the proposed date of 2251 implementation. Contractor may not implement any route changes without the prior review and approval of 2252 the Agreement Administrator. If the change will change the Collection day for a Service Recipient, Contractor 2253 must notify those Service Recipients in writing of route changes not less than thirty (30) days before the 2254 proposed date of implementation. 2255
16.05 Collection Route Audits. City reserves the right to conduct audits of Contractor’s Collection 2256 routes. Contractor must cooperate with City in connection therewith, including permitting City employees or 2257 agents designated by the Agreement Administrator to ride in the Collection Vehicles to conduct the audits. 2258
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Contractor has no responsibility or liability for the salary, wages, benefits , or worker compensation claims of 2259 any person designated by the Agreement Administrator to conduct such audits. 2260 Article 17. Minimum Performance Standards 2261
17.01 Billing Audit and Performance Reviews. 2262
17.01.1 Contractor Shall Review its Billings to all Customers. The purpose of the review is 2263 to determine that the amount which the Contractor is billing each Customer is correct regarding the level of 2264 service (i.e., frequency of Collection, size of Container, location of Container) at the rates approved by City 2265 Council resolution. The Contractor shall review Customer accounts not less than annually and provide a 2266 written certification to the City that all such billing is correct. The documentation of the review, as well as 2267 verification that any errors have been corrected, should be provided to the City annually. 2268
17.01.2 Billing Audit and Performance Reviews. City may conduct billing audit and 2269 performance reviews (together, “reviews”) of Contractor’s performance during the Term of this Agreement, 2270 as provided herein. City may conduct two (2) full reviews, with payment to City as stated in Section 17.01.2.1 2271 below, during the Initial Term of this Agreement. The purpose of these full reviews will be as described in 2272 Section 17.01.2.2 below. 2273
17.01.2.1 Selection and Cost. The reviews will be performed by the City or 2274 a qualified firm under contract with the City. City will have the final responsibility for the selection of the firm. 2275 City may conduct the two (2) reviews at any time during the Term of the Agreement, but not more frequently 2276 than once per year . Contractor shall pay the City’s costs for the performance review, up to $85,000 per 2277 review. The payment amount shall increase annually by the CPI Adjustment Calculation in Section 6.03.1. 2278
17.01.2.2 Purpose. The reviews will be designed to verify : that Customer 2279 billing rates have been properly calculated and correspond to the level of service received by the Customer, 2280 that Contractor is correctly billing for all services provided, that Franchise Fees and other fees required 2281 under this Agreement have been properly calculated and paid to City, that Contractor is in compliance with 2282 the reporting requirements and performance standards of this Agreement, the Diversion percentages 2283 reported by Contractor, and any other provisions of the Agreement. City (or its designated consultant) may 2284 utilize a variety of methods in the execution of this review, including, but not limited to, analysis of relevant 2285 documents, on-site and field observations, and interviews. City (or its designated consultant) will review 2286 and document the items in the Agreement that can be objectively evaluated, including those that require 2287 Contractor to meet specific performance standards, submit information or reports, perform additional 2288 services, or document operating procedures. This information will be documented and be formatted in a 2289 “compliance checklist”, with supporting documentation and findings tracked for each of the identified items. 2290 The review will specifically include a determination of Contractor ’s compliance with the Diversion 2291 requirements of Article 8 and the public outreach and education requirements of Article 20. City (or its 2292 designated consultant) may review the Customer service functions and structure utilized by Contractor. 2293 This may i nclude Contractor’s protocol for addressing Customer complaints and service interruption 2294 procedures. Complaint logs may be reviewed, along with procedures and systems for tracking and 2295
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addressing complaints. On -site and field observations by City (or its designated consultant) may include, 2296 but are not necessarily limited to: 2297
a) Interviews and discussions with Contractor ’s administration and management 2298 personnel. 2299
b) Review and observation of Contractor’s Customer service functions and structure. 2300 c) Review of public education and outreach materials. 2301 d) Interviews and discussions with Contractor’s financial and accounting personnel. 2302 e) Interviews with route dispatchers, field supervisors, and managers. 2303 f) Interviews with route drivers. 2304
g) Interviews with vehicle maintenance staff and observation of maintenance 2305 practices. 2306
h) Review of on- route Collection Services, including observation of driver 2307 performance and Collection productivity and visual inspection of residential routes 2308 before and after Collection to evaluate cart placement and cleanliness of streets. 2309
17.01.2.3 Contractor’s Cooperation. Contractor shall cooperate fully with the 2310 review and provide all requested data, including operational data, financial data, and other data reasonably 2311 requested by City within fifteen (15) Workdays of the request. Failure to submit data by the due date may 2312 result in assessment of Administrative Charges and Penalties as specified in Exhibit 5 . 2313
17.01.3 Additional Billing Audit and Performance Review. In the event that the Billing Audit 2314 and Performance Review concludes that Contractor is not in compliance with all terms and conditions of this 2315 Agreement and such non- compliance is material, Contractor is subject to Administrative Charges and 2316 Penalties as described in Exhibit 5 as well as reimbursement to the City for the full cost of the audit plus any 2317 underpayments discovered during the Audit . Additionally, City may conduct an Additional Billing Audit and 2318 Performance Review, beyond the two (2) specified in Section 17.01.2.1, to ensure that Contractor has cured 2319 any such area of non- compliance. Contractor will be responsible for the cost of any such Additional Billing 2320 Audit and Performance Review for a maximum cost of Eighty-Five Thousand Dollars ($85,000) (starting on 2321 July 1, 2026, and each January 1st thereafter. For the purposes of a determination of non-compliance under 2322 this Agreement, Audit findings which result in underpayments of $100,000 or more shall be deemed material. 2323 These payment amounts shall increase annually by the CPI Adjustment Calculation in Section 6.03.1. 2324
17.01.4 City Requested Program Review. City reserves the right to require Contractor to 2325 periodically conduct reviews of the Garbage, Recyclable Materials, and Organic Waste Collection Service 2326 programs, provided that such reviews are reasonable and can be accomplished at no additional cost to 2327 Contractor and without interfering with Contractor ’s operations. Such reviews could assess one or more of 2328 the following performance indicators: average volume of Recyclable Materials per set -out per Customer, 2329 average volume of Organic Waste per set-out per Customer, participation level, contamination levels, etc. 2330 Prior to the program evaluation review, City and Contractor will meet and discuss the purpose of the review 2331 and agree on the method, scope, and data to be provided by Contractor. Failure of Contractor to submit 2332 requested data or information to City within fifteen (15) Workdays of a request may result in assessment of 2333 Administrative Charges and Penalties as specified in Exhibit 5. 2334
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17.02 Cooperation with Other Program Reviews . Contractor shall cooperate with City and/or its 2335 agent(s) as reasonably requested to collect program data, perform field work, conduct route audits to 2336 investigate Customer participation levels and set-out volumes, and/or evaluate and monitor program results 2337 related to Garbage, Recyclable Materials, and Organic Waste Collected in City by Contractor, provided that 2338 such cooperation can be accomplished at no additional cost to Contractor and without interfering with 2339 Contractor’s operations. Failure of Contractor to submit requested data or information to City within fifteen 2340 (15) Workdays of a request may result in assessment of Administrative Charges and Penalties as specified 2341 in Exhibit 5. 2342
Article 18. Collection Equipment 2343
18.01 General Provisions. All equipment used by Contractor in the performance of services under 2344 this Agreement must be of a high quality and meet all Federal, State, and local regulations and air quality 2345 standards, including all applicable provisions of Air Quality Management District. Collection vehicles must be 2346 designed and operated so as to prevent Collected materials from escaping from the vehicles. Hoppers must 2347 be closed on top and on all sides with screening material to prevent Collected materials from leaking, blowing, 2348 or falling from the vehicles. All trucks and Containers must be watertight and must be operated so that liquids 2349 do not spill during Collection or in transit. 2350
18.02 Bulky Waste . Vehicles used for Collection of Bulky Waste may not use Compactor 2351 mechanisms or mechanical handling equipment that may damage reusable goods or release Freon or other 2352 gases from pressurized appliances. 2353
18.03 Collection Vehicles. Contractor must use Collection Vehicles as listed in the schedule 2354 included in Exhibit 4 and may not use any Collection Vehicle that is more than ten (10) years old during the 2355 Term of the Agreement . Contractor shall register all new Collection Vehicles under this Agreement to its 2356 address within the City and shall report all purchases of Collection Vehicles under this Agreement as 2357 attributable to the City for sales tax purposes. Collection Vehicles must utilize low carbon (“alternative”) fuel, 2358 which must be renewable natural gas (RNG), liquefied natural gas (LNG), CNG, or electric unless otherwise 2359 pre-authorized by the City in writing. This shall include automated side load all -electric vehicles that will be 2360 utilized to provide Cart Collection Services for this Agreement, as set forth in Exhibit 12 . If, during the Term 2361 of the Agreement, new technologies are available (such as hybrid or electric powered Collection vehicles), 2362 the City or the Contractor may request/negotiate implementation of such new Collection vehicles, with a 2363 corresponding change to the Maximum Service Rates to reflect additional cost or savings. During the Term, 2364 to the extent required by law, Contractor shall provide its Collection Vehicle s to be in full compliance with all 2365 Applicable Laws, including State and Federal clean air requirements that are adopted or proposed to be 2366 adopted, including, but not limited to, the California Air Resources Board Heavy Duty Engine Standards as 2367 currently proposed to be contained in California Code of Regulations, Title 13, Sections 2020 et seq., the 2368 California Air Resources Board Advanced Clean Fleets Regulation as outlined in California Code of 2369 Regulations, Title 13, Sections 2013 et seq., the Federal EPA’s Highway Diesel Fuel Sulfur regulations, and 2370 all other applicable air pollution control laws. 2371
18.04 Collection Vehicle On-Board Technology. Contractor must use Collection Vehicles fitted 2372 with GPS tracking devices that can be used to record start and stop times, vehicle locations, and maximum 2373
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speed. Contractor shall furnish to the City , at no additional cost or expense, any software and equipment 2374 necessary for City to track the location of Collection Vehicles in real time and to generate reports as needed. 2375 Collection Vehicles must also be fitted with c ameras that are programmed to take photos, date and location 2376 stamped, to document violations, including contamination, overfilling, and lids not closed. GPS and camera 2377 data must be made available to City upon request. Failure of Contractor to make data or information available 2378 to City within fifteen (15) Workdays of a request may result in assessment of Administrative Charges and 2379 Penalties as specified in Exhibit 5. 2380
18.05 Collection Vehicle Size Limitations / Overweight Vehicle Charge. Contractor may not use 2381 any Collection Vehicle in violation of weight limitations in Applicable Law , including any weight limitation 2382 placed on any public roadway or alley as adopted and posted by City . The Contractor may exceed the 2383 Collection Vehicle size limitation for a limited time due to extraordinary circumstances or conditions with the 2384 prior written consent of the Agreement Administrator. The limited time may not exceed 120 days. Contractor 2385 must report all instances of overweight vehicles to City as part of its quarterly reporting described in Section 2386
22.04, and as part of its Annual Reports to the City described in Section 22.05. Contractor may be assessed 2387 Administrative Charges and Penalties as specified in Exhibit 5 as a result of exceeding an overweight vehicle 2388 rate of five percent (5.00%) in any Calendar Year during the Term of the Agreement. The overweight vehicle 2389 rate will be calculated as the total number of overweight Collection Vehicle instances during the Calendar 2390 Year divided by the total number of Collection Vehicle loads transported during the Calendar Year. Prior to 2391 collecting Administrative Charges and Penalties for overweight vehicles, the City shall afford Contractor a 2392 reasonable opportunity to provide the Agreement Administrator with documentation of the extraordinary 2393 circumstance that caused the overweight vehicles. Extraordinary circumstances in this case may include, but 2394 are not limited to, heavy rains or high winds that caused excess Green Waste to be generated, rain to 2395 accumulate in open Collection Containers, or normal Collection routes to be delayed or shortened due to 2396 extreme weather conditions. The Agreement Administrator s hall have authority to consider Contractor ’s 2397 documentation and uphold and collect the assessed charge, to reduce the charge, or to waive and dismiss 2398 the charge. The Agreement Administrator shall also have the authority to waive charges in advance of an 2399 anticipated, or in response to an actual, emergency event. 2400
18.06 Registration; Inspection. All vehicles used by Contractor in providing Solid Waste 2401 Collection under this Agreement, except those vehicles used solely on Contractor ’s Premises, are to be 2402 registered with the California Department of Motor Vehicles. In addition, each such vehicle must be inspected 2403 by the California Highway Patrol in accordance with Applicable Law. Within two (2) Workdays of a request 2404 from the Agreement Administrator, Contractor must provide City a copy of its vehicle maintenance log and 2405 any safety compliance report, including, but not limited to, any report issued under California Vehicle Code 2406 Sections 34500 and following, as well as the biennial “BIT” inspections conducted by the California Highway 2407 Patrol. 2408
18.07 Safety Markings. All Collection equipment used by Contractor must have appropriate safety 2409 markings including, but not limited to, highway lighting, flashing, and warning lights, clearance lights, and 2410 warning flags. All such safety markings must be in accordance with the requirements of the California Vehicle 2411 Code, as may be amended from time to time. 2412
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18.08 Vehicle Signage and Painting. Collection Vehicles must be painted and numbered without 2413 repetition and must have Contractor's name, Contractor’s customer service telephone number, and the 2414 number of the vehicle painted in letters of contrasting color, at least four (4) inches high, on each side and 2415 the rear of each vehicle. No advertising is permitted other than the name of Contractor , its logo , and its 2416 registered service marks , except for promotional advertisement of the Recyclable Materials and Organic 2417 Waste programs, which is encouraged. City is to approve any promotional material of the Recyclable 2418 Materials and Organic Waste affixed to or painted on Contractor’s Collection Vehicles and may require such 2419 promotion to be utilized from time to time to encourage correct Recycling, reduce contamination, and provide 2420 relevant education. Contractor must repaint all vehicles (including vehicles striping) during the Term of this 2421 Agreement on a frequency as necessary to maintain a positive public image, as reasonably determined by 2422 the Agreement Administrator, but not less often than once every five years. 2423
18.09 Bin and Roll-off Container Signa ge, Painting, and Cleaning. All metal Bins Containers of 2424 any service type furnished by Contractor must be either painted or galvanized, in compliance with all 2425 applicable color specifications as set forth by CalRecycle. For purposes of this Agreement, all metal Bins will 2426 be considered to be in compliance with all applicable color specifications as set forth by CalRecycle via the 2427 color of the Bin’s lid. All metal or plastic Bins and Roll -off Containers must display Contrac tor’s name, 2428 Contractor’s customer service telephone number, and the number of the Bin or Roll -off Container and must 2429 be kept in a clean and sanitary condition. Bins must also have labels that comply with Section 20.10 of this 2430 Agreement. Bins and Roll-off Containers should be free of dents and graffiti at the start of this Agreement and 2431 painted as needed to maintain an orderly appearance throughout the Term of the Agreement, but not less 2432 frequently than once every three years. Bins and Roll-off Containers may be subject to periodic, unscheduled 2433 inspections by City, and determination as to sanitary condition will be made by City. 2434
18.10 Vehicle Certification. For each Collec tion Vehicle used in the performance of services 2435 under this Agreement, Contractor must obtain a certificate of compliance (smog check) issued pursuant to 2436 Part 5 of Division 26 of the California Health and Safety Code (Section 43000 and following) and regul ations 2437 promulgated thereunder, and/or a safety compliance report issued pursuant to Division 14.8 of the California 2438 Vehicle Code (Section 34500 and following) and the regulations promulgated thereunder, as applicable to 2439 the vehicle. Contractor must maintain copies of such certificates and reports and must make such certificates 2440 and reports available for inspection upon request by the Agreement Administrator . 2441
18.10.1 By July 1, 2025, Contractor must submit to the Agreement Administrator verification 2442 that each of the Contractor’s Collection Vehicles has passed the California Heavy Duty Vehicle Inspection. 2443 Thereafter, Contractor must cause each vehicle in Contractor’s Collection fleet to be tested annually in the 2444 California Heavy Duty Inspection Program and must, upon request, submit written verification to City within 2445 ten (10) Workdays of the completion of such test. Contractor may not use any vehicle that does not pass 2446 such inspection. 2447
18.11 Equipment Maintenance. Contractor must always maintain Collection equipment in a clean 2448 condition and in good repair. All parts and systems of the Collection equipment must operate properly and be 2449 maintained in a condition satisfactory to City. Contractor must wash all Collection Vehicles at least once a 2450 week. 2451
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18.12 Maintenance Log. Contractor must maintain a maintenance log for all Collection Vehicles. 2452 The log must always be accessible to City by physical inspection upon request of Agreement Administrator , 2453 and must show, at a minimum, each vehicle ’s Contractor-assigned identification number, date purchased or 2454 initially leased, dates of performance of routine maintenance, dates of performance of any additional 2455 maintenance, and description of additional maintenance performed. 2456
18.13 Equipment Inventory. On or before July 1, 2025, Contractor shall provide to City an 2457 inventory of Collection Vehicles and major equipment used by Contractor for Collection or transportation and 2458 performance of services under this Agreement . The inventory must indicate each Collection Vehicle by 2459 Contractor-assigned identification number, DMV license number, the age of the chassis and body, the type 2460 of fuel used, the type and capacity of each vehicle, the number of vehicles by type, the date of acquisition, 2461 the decibel rating , and the maintenance and rebuild status. Contractor must submit an updated inventory, 2462 either via email or via electronic document sharing site (e.g., Dropbox), to the Agreement Administrator, either 2463 annually or more often, at the request of the Agreement Administrator. Each inventory must also include the 2464 tare weight of each vehicle as determined by weighing at a certified scale used by Contractor. Each vehicle 2465 inventory must be accompanied by a certification signed by Contractor that all Collection Vehicles meet the 2466 requirements of this Agreement. 2467
18.14 Reserve Equipment. Contractor shall have available to it, at all times, reserve Collection 2468 equipment which can be put into service and operation within one (1) hour of any breakdown. Such reserve 2469 equipment must correspond in size and capacity to the equipment used by the Contractor to perform the 2470 contractual duties. 2471
18.15 RNG Fuel Procurement Credits. Contractor agrees to coordinate and cooperate with the 2472 City to meet its Recovered Organic Waste Product procurement target, as defined in, and required by 2473 Applicable Law. In support of that objective, the City will receive any applicable SB 1383 Recovered Organic 2474 Waste Product procurement credits for all RNG used by the Contractor to power Contractor’s Collection 2475 vehicles as allowed by the Applicable Law and within the time provided therein. 2476 Article 19. Contractor’s Office 2477
19.01 Contractor’s Office. Contractor shall maintain an office in the City of San Pablo, California, 2478 that is accessible to persons with disabilities as required by the Americans with Disabilities Act ( ADA). Such 2479 office must be equipped with enough telephones so that all Collection Service-related calls received during 2480 normal business hours are answered by an employee within five (5) rings . The office must have responsible 2481 persons in charge during Collection hours , and must be open during normal business hours (8:00 a.m. to 2482 5:00 p.m. on Monday through Friday ). Contractor must provide either a local or toll-free telephone number 2483 that connects to the call center described in Section 19.02, and a telephone answering service or mechanical 2484 device to receive Service Recipient inquiries during those times when the office is closed. Calls received after 2485 normal business hours must be addressed the next Workday morning. 2486
19.02 Customer Service Call Center. Contractor must maintain a Customer Service call center 2487 within the United States . Such office must be equipped with enough telephones that all customer service-2488
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related calls are answered by an employee within five (5) rings if they are received during normal business 2489 hours (8:00 a.m. to 5:00 p.m. on Monday through Friday). 2490
19.03 Emergency Contact. Contractor must provide the Agreement Administrator with an 2491 emergency phone number where the Contractor can be reached outside of the required office hours. 2492
19.04 Multilingual/Telecommunications Device for the Deaf (TDD) Service. Contractor must 2493 always maintain the capability of responding to telephone calls in English, Spanish, and such other languages 2494 as City may direct. Contractor must always maintain the capability of responding to telephone calls through 2495 TDD Services. 2496
19.05 Service Recipient Calls. During office hours, Contractor must maintain a telephone 2497 answering system capable of accepting at least five (5) incoming calls at one time. Contractor must record all 2498 calls, including any inquiries, service requests, or complaints, into a customer service log. 2499
19.05.1 All incoming calls will be answered at the local office or call center within 5 rings. 2500 Any call “on-hold” more than 1.5 minutes must have the option to remain “on-hold” or request a “call-back” 2501 from a customer service representative. Contractor’s customer service representatives must return Service 2502 Recipient calls. For all messages left before 3:00 p.m., all “call backs” must be attempted a minimum of one 2503 time prior to 5:00 p.m. on the day of the call. For messages left after 3:00 p.m., all “call backs” must be 2504 attempted a minimum of one time prior to noon the next Workday . Contractor must make minimum of three 2505 (3) attempts within one (1) Workday of the receipt of the call. If Contractor is unable to reach the Service 2506 Recipient on the next Workday, Contractor must send a postcard, email, or text, as indicated by the Service 2507 Recipient, to the Service Recipient on the second Workday after the call was received, indicating that the 2508 Contractor has attempted to return the call. 2509
Article 20. Contractor Support Services 2510
20.01 Sustainability/Compliance Representative. Contractor will hire staff, including at least one 2511 dedicated full-time Sustainability/Compliance Representative as of the Commencement Date, to conduct site 2512 visits and provide outreach and education in support of meeting Franchise and CalRecycle Diversion 2513 requirements and to meet State mandates associated with Applicable Law and all amendments and related 2514 subsequent legislation. The Sustainabi lity/Compliance Representative(s) shall be available as needed to 2515 meet with the City and conduct site visits to implement Recyclable Materials and Organic Waste programs in 2516 the Service Area at least four days a week throughout the year . City may request monthly meetings with 2517 Contractor to discuss problems or issues such as Collection or Recycling programs, Billing or Service 2518 Recipient service issues, and day-to-day operations. The services described in this Section are not effective 2519 until such time as the City and Contractor agree to a City-Directed Change per Section 30.01. 2520
20.02 Sustainability and Compliance Plan. Contractor, at its own expense, must prepare, submit, 2521 and implement an annual (Calendar Year) Sustainability and Compliance Plan (“Plan”), which will guide 2522 Contractor’s staff’s work efforts. This P lan will include measures to meet Diversion targets, increase 2523 Diversion, and increase participation of Service Recipients in Recyclable Materials and Organic Waste 2524 Diversion programs, and should target certain Recyclable Materials or “problem” areas, including Recyclable 2525
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Materials and Organic Waste sorting and contamination, within Contractor’s Service Area where 2526 improvements can be maximized. Planned outreach and education services and outreach materials should 2527 be included as part of the Plan and updated annually , and new outreach materials shall not be circulated to 2528 the public without City review and approval. Targets of outreach shall be based on local trends and Recycling 2529 patterns from data obtained by both the City and Contractor. Contractor will maintain current and state- of-2530 the-art public outreach and education services throughout the Term of this Agreement by providing outreach 2531 materials to Service Recipients electronically (via email and social media). Contractor must submit first year 2532 draft Plan to the City prior to the Commencement Date and by July 1st each year thereafter for the Term of 2533 the Agreement. City shall review and provide revisions to draft Plan within thirty (30) days of receipt. City shall 2534 review, provide comments, approve all education, and outreach materials. Contractor must revise and submit 2535 final Plan to City by December 1, 2025, for first year and then each year thereafter for the Term of the 2536 Agreement. Contractor’s Plan is provided in Exhibit 9. 2537
20.02.1 Approach to Meeting City’s Diversion Requirements . Contractor must document 2538 approach to meeting City’s Diversion requirements by specific Diversion program type (SFD, MFD, 2539 Commercial, Recyclable Material, Organic Waste, Bulky Waste, etc.) and must be tied to both specific and 2540 public education programs. This must include an implementation schedule showing the specific programs 2541 and tasks, milestones, and timeframes for meeting the Diversion requirements. 2542
20.02.2 Environmental Stewardship. Contractor must describe all environmental 2543 management policies and activities related to the Solid Waste Collection service, including the use of 2544 Alternative Fuel Vehicles, reduction of air emissions and wear and tear on the City’s streets, use of recycled 2545 products throughout operations, internal waste reduction and reuse protocol, water and resource 2546 conservation activities within facilities (design, construction and operation), compliance with laws governing 2547 E-Waste, HHW, and U-Waste, and use of non-toxic products when possible. 2548
20.02.3 Outreach Regarding Recyclability of Materials. Contractor shall create and maintain 2549 at minimum one (1) piece of educational material that addresses: 2550 (a) The foundational role that commodities markets and transportation costs play in current 2551 Recycling systems. 2552
(b) The importance of keeping recyclables empty, clean, and dry. 2553 (c) A list of materials that are likely to be recycled if placed in City Recyclable Materials 2554 Containers. 2555
Contractor shall also create and maintain at minimum one (1) piece of educational material that addresses: 2556 (a) The Organic Waste stream standards of the local transfer and processing facilities that 2557 receive City Organic Waste. 2558
(b) The related importance of keeping prohibited materials out of the City’s Organic Waste 2559 stream. 2560
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(c) The potential end uses of Compost depending on the material’s quality and levels of 2561 contamination. 2562
20.03 School Education and Outreach. Contractor shall develop and utilize a program to educate 2563 on proper Recycling that offers tools to assist with proper Recycling for all ages. Educational information 2564 should include brochures, school resources such as Recycling curriculums, children’s activity flyers, posters, 2565 myth busters, and Recycling art activities. Contractor shall develop and distribute educational material and 2566 conduct onsite outreach annually to all school campuses in the franchise area. Materials must be approved 2567 by City before dist ribution. Examples include Recyclable Materials list, R ecycling tips, battery and bulb 2568 education, Food Waste Collection, and donation, and HHW education. Educational material shall be 2569 distributed to campuses by mail and/or in person on or before September 30th annually, and site visits must 2570 be completed by November 30th annually. 2571
20.04 Compliance Notices. Contractor shall send SB 1383, AB 341, and AB 1826 compliance 2572 notices quarterly to all eligible Commercial entities and MFDs that do not subscribe to Organic Waste and/or 2573 Recyclable Materials Collection Service with the Contractor and/or do not provide an alternate method for 2574 Diverting Organic Waste, in conformance with Applicable Law. These notices shall also notify businesses of 2575 requirements under AB 827. Contractor shall mail notifications quarterly on or before the last day of the month 2576 following the end of the quarter. 2577
20.05 Technical Assistance. 2578
20.05.1 Site Visits. Contractor shall provide comprehensive Recycling technical assistance 2579 to MFD and Commercial Customers w ith the primary purpose of helping Customers increase Recyclable 2580 Materials and Organic Waste Collection services and reducing Solid Waste Collection service. The technical 2581 assistance services shall conform with the following performance expectations per month: 2582 Task Minimum Number of related actions taken
Phone Calls 20
In-Person Site Visits (i.e., Customer contact) 40
Site visits shall include on-site assessments of the MFD and Commercial Premises to improve Recyclable 2583 Materials and Organic Waste Collection program participation and provide recommendations to Customers 2584 on how to improve overall resource efficiency . During the site visits, Contractor will be required to provide 2585 and/or restock posters, “how to” guides, personal Recyclable Materials baskets/bags for MFD tenants, and 2586 any other appropriate materials , and to provide new signage for the Recyclable Materials and Organic 2587 Waste Containers if necessary. This program shall also involve preparation and presentation of reports to 2588 the City on the Contractor’s efforts and results of the technical assistance efforts. 2589
20.05.2 Compliance Reviews. 2590
20.05.2.1 General Requirement. At least once annually, beginning in 2025 , 2591 Contractor shall review the records of its Commercial and MFD Customers in City that are subscribed for 2592 at least two (2) cubic yards per week of combined Solid Waste, Organic Materials, and Recyclables service, 2593 to determine whether such Customers are subscribed for Organic Materials Collection service or have an 2594
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applicable waiver. Contractor shall include the results of each Compliance Review in its next regularly 2595 scheduled report to City. 2596
20.05.2.2 Site Visit Requirement for Non- Compliance. Contractor shall 2597 conduct a site visit to each Commercial and MFD Customer in City that is determined to (a) not be enrolled 2598 in 3-Container Collection service, and (b) not be eligible for a waiver based on the City determination. 2599 Contractor shall conduct in-person site visits (i.e., direct Customer contact) to provide educational material 2600 about the law’s requirements to Commercial and MFD Customers at least once every 3 years. 2601
20.05.2.3 Site Visit Requirement for All Customers. All Commercial and 2602 MFD Customers in the City shall receive a site visit from Contractor to affirm proper sorting procedures and 2603 sizing of Containers at least once every 5 years. 2604
20.06 Education and Outreach Materials. Contractor must implement public education and 2605 outreach in conformance with Applicable Law and in coordination with City. Contractor shall attend public 2606 events and host booths to promote Recycling education and awareness. Contractor will work with City to 2607 identify which special events will be attended. Contractor, together with City, shall work with local media to 2608 ensure information on new programs, events, Recyclable Materials, Organic Waste, etc., is communicated to 2609 the community. Contractor shall use a variety of options , such as local paper, news, websites, and social 2610 media, as well as in- person visits to Homeowners Associations, schools , and civic groups to distribute 2611 information and education about City Solid Waste and Recyclable Materials programs and events. In terms 2612 of social media and websites, Contractor shall make their best effort to share information through platforms 2613 that are commonly used and culturally relevant , including platforms th at are known to reach younger 2614 populations and Spanish-speaking populations. Examples may include Instagram, WhatsApp, NextDoor, and 2615 TikTok, though that list is e xpected to become outdated within a year or two. All educational and outreach 2616 materials shall be provided in English and Spanish, and City may direct some or all materials to also be 2617 produced in other languages to be determined. 2618
20.06.1 Quarterly Newsletters. In the event that newsletters are no longer distributed to 2619 Service Recipients by West Contra Costa Integrated Waste Management Authority, Contractor shall 2620 distribute educational material to Service Recipients a minimum of once a Quarter by mail or electronically. 2621 These materials should include tips on Recycling properly, use of Organic Waste Containers, Composting, 2622 battery and electronics education, prevention of contamination issues, proper Collection Container 2623 placement, resource information, and HHW educ ation. Contractor shall also distribute these same 2624 educational materials to all MFD residents , provided that City provides Contractor with a list of contact 2625 information for these residents. 2626
20.06.2 Available Services Notice and Information. At least annually , Contractor must 2627 publish and distribute (by mail or electronically) a notice to all Service Units regarding the full range of 2628 services offered. The notice must be provided in English and Spanish and must be distributed by Contractor 2629 no later than February 1st of each year. The notice must contain at a minimum (i) definitions of the materials 2630 to be Collected; (ii) procedures for setting out materials; (iii) the days when Garbage, Recyclable Materials, 2631 and Organic Waste Services will be provided; (iv) Contractor’s local customer service phone number ; (v) 2632 instructions on the proper filling of Containers; (vi) instructions as to what materials may or may not be placed 2633
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in Recyclable Materials or Organic Waste Containers ; (vii) how to select C ontainer siz es to maximize 2634 Diversion; (viii) information about participation in Recyclable Materials and Organic Waste programs; (ix) the 2635 fees for Overage and Contamination in the event of non- compliance; (x) the availability of on- premises 2636 Collection Services, including the availability of no- charge on-premises Solid Waste Collection for qualified 2637 persons; (xi) the availability of Bulky Waste Services; (xii) the availability of the Golden Bear Transfer Station 2638 drop-off voucher program ; (xiii) information about Neighborhood Clean- Up days , including any specific 2639 upcoming dates and locations; and (xiv) the information about Free Bulky Waste Drop-off days, including 2640 any specific upcoming dates and locations. 2641
20.06.3 Contractor shall provide the following t o all its Customer s under the Agreement 2642 annually. Contractor shall also provide the following to all MFD residents, provided that City provides 2643 Contractor with a list of contact information for these residents. 2644 (i) Information on the Customer ’s requirements to properly separate materials in 2645 appropriate Containers. 2646
(ii) Information on methods for: the prevention of Organic Materials generation, Recycling 2647 Organic Materials on- site, sending Organic Materials to community Composting, and 2648 any other local requirements regarding Organic Materials. 2649 (iii) Information regarding the methane reduction benefits of reducing the landfill Disposal 2650 of Organic Materials, and the methods of Organic Materials recovery contemplated by 2651 the Agreement. 2652
(iv) Information regarding how to recover Organic Materials. 2653 (v) Information related to the public health and safety and environmental impacts 2654 associated with the landfill Disposal of Organic Materials. 2655 (vi) The above information will be provided, at a minimum, through print and/or electronic 2656 media, and may also be provided through workshops, meetings , and/or on-site visits. 2657 All information that SB 1383 requires the City to distribute shall be posted on 2658 Contractor’s website. 2659
(vii) Contractor shall provide an educational webpage which includes downloadable copies 2660 of all the materials described in this Section. 2661
20.06.4 City-Specific Website. Contractor shall maintain a City -specific website that fully 2662 explains the Contractor’s current services and rates and the Diversion options available, and that allows 2663 Service Recipients to submit service changes, inquiries, complaints , or queries. The website must describe 2664 and promote the use of the available Recyclable Materials and Organic Waste services. Contractor’s local 2665 website must provide inf ormation specific to the City’s programs. Contractor will ensure that information 2666 provided on the website is maintained and up to date. Content will include proper Container set out 2667 instructions, educational materials, newsletters , and program descriptions . Website content shall be in 2668 English with translations into Spanish and/or others to be determined. 2669
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20.06.5 Recycling Resources. Contractor shall maintain accurate list of Recyclable 2670 Materials on its website and promote proper Recycling to all Service Recipients. Contractor shall consult, 2671 collaborate, and coordinate its Recycling outreach and educational materials and activities with the City and 2672 incorporate the City’s input on the Contractor’s Recycling resources and programs. 2673
20.07 Waiver Outreach, Applications, and Evaluation. 2674
20.07.1 Waiver Outreach. Contractor shall notify all of its commercial accounts of the 2675 availability of waivers and how to obtain and file a waiver periodically, or at least every five (5) years. 2676
20.07.2 Waiver Applications and Eval uation. In the event that such a service is no longer 2677 provided by the West Contra Costa Integrated Waste Management Authority, and subject to the terms and 2678 conditions of Section 30.01, Contractor shall be responsible for the distribution, collection, and evaluation of 2679 waiver applications as appropriate, and shall provide the City a recommendation to accept or deny waiver 2680 requests in accordance with SB 1383. Contractor shall develop waiver application forms and shall provide 2681 them to City for City approval prior to use. Contractor shall evaluate requests for exemption or waiver from 2682 the Act’s requirements on the basis of physical space or de minimis generation and provide the City periodic 2683 recommendations and supporting documentation to deny or approve waivers, including a site visit and re-2684 evaluation at least every five years as required by the SB 1383 Regulations. 2685
20.08 News Media Relations . Contractor will work with local media to ensure information is 2686 communicated to community (new programs, events, Recycling information, etc.). Contractor to use options 2687 such as local N ewspaper, Radio/TV News outlets, Websites , and Social Media. Contractor will notify the 2688 Agreement Administrator by email or phone of all requests for news media interviews related to the services 2689 covered under this Franchise Agreement within one (1) Workday of Contractor’s receipt of the request. When 2690 practicable, before responding to any inquiries involving controversial issues or any issues likely to affect 2691 participation or Customer’s perception of services, Contractor will discuss Contractor’s proposed response 2692 with the City Agreement Administrator. 2693
20.09 News Media Requests . Contractor will notify the Agreement Administrator by email or 2694 phone of all requests for news media interviews regarding the services provided under this Agreement within 2695 one (1) Workday of Contractor’s receipt of the request. When practicable, before responding to any inquiries 2696 involving controversial issues or any issues likely to affect participation or Service Recipient’s perception of 2697 services, Contractor will discuss Contractor’s proposed response with the Agreement Administrator. 2698
20.09.1 Copies of draft news releases or proposed trade journal articles that use the name 2699 of City or specifically refer to the services provided hereunder must be submitted to the Agreement 2700 Administrator for prior review and approval at least five (5) working days in advance of release, except where 2701 Contractor is required by any Applicable Law to submit materials to any regulatory agency in a shorter period 2702 of time, in which case Contractor must submit such materials to City simultaneously with Contractor’s 2703 submittal to such regulatory agency. 2704
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20.09.2 Copies of articles resulting from media interviews or news releases that use the 2705 name of City or relate to the services provided hereunder must be provided to the City within five (5) days 2706 after publication. 2707
20.10 Acceptable Materials Labeling. Contractor must affix to each Recyclable Materials and 2708 Organic Waste Collection Container a sticker that is compliant with SB 1383 labeling requirements and 2709 approved by the City . Each sticker shall clearly list Acceptable materials to be placed in the corresponding 2710 Container, and each sticker shall also include a QR code that links to the Recycling education landing page 2711 within the Contractor’s City-specific website for the City. Stickers must be replaced annually and include any 2712 updates in the list of Acceptable materials (Exhibit 11). 2713
20.11 Edible Food Recovery Support . In the event that such a service is no longer provided by 2714 the West Contra Costa Integrated Waste Management Authority, and subject to the terms and conditions of 2715 Section 30.01, Contractor shall annually provide City with a list of Tier One and Tier Two Commercial Edible 2716 Food Generators located in the City. Upon request from Contractor, City shall use reasonable efforts without 2717 incurring significant additional costs to cooperate and consider methods for collecting information from 2718 Customers and sharing such information with Contractor in an effort to assist Contractor with identifying the 2719 Tier One and Tier Two commercial Edible Food generators within the City. The services described in this 2720 Section are not effective until such time as the City and Contractor agree to a City -Directed Change per 2721 Section 30.01. 2722
20.12 Programs and Services. Contractor must provide additional educational and outreach 2723 services and programs as requested by City at a price to be mutually agreed upon between the Contractor 2724 and the Agreement Administrator. In the event Contractor and the Agreement Adminis trator cannot reach a 2725 mutually agreed upon price for the requested service or program, City has the right to procure the service of 2726 other vendors or contractors to provide the requested service. 2727
20.13 Operations Plans. Contractor must adhere to the Transition Pl an included as Exhibit 4 , 2728 Customer Service Plan included as Exhibit 6, and Collection Service Operations Plan included as Exhibit 7, 2729 the three of which present the specific Collection programs that will be implemented in the City. 2730
20.14 Route Audits/Route Reviews. 2731
20.14.1 General Requirement. At least once annually, beginning in 2025 , Contractor or its 2732 approved designee shall conduct a Route Review for each Hauler Route. The number of Containers to 2733 review per Hauler Route shall be calculated on the basis of the number of Garbage accounts provided 2734 service by a specific Hauler Route for one week. For example, “Route A” collects Garbage from 250 2735 accounts, 4 days per week , for a total of 1,000 accounts per week; include a minimum of 25 accounts for 2736 Route Review of “Route A”. For each Route Review of a Hauler Route, Contractor shall inspect at least the 2737 following minimum number of Containers but may inspect more if Contractor deems necessary; and shall 2738 inspect all Containers placed for Collection (including Recyclable Materials Containers, Organic Waste 2739 Containers, and Garbage Containers). E ach inspection shall involve lifting the Container lid and observing 2740 the contents but shall not require Contractor to disturb the contents or open any bags. Contractor may select 2741 the Containers to be inspected at random, or (if mutually agreed with City) by any other method not prohibited 2742
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under the SB 1383 Regulations. For the avoidance of doubt, Contractor shall not be required to annually 2743 inspect every Container on a Hauler Route. Contractor shall include the results of each Route Review in its 2744 next regularly scheduled report to City. 2745
2746
Route Size (# garbage accounts /
week)
Minimum Number of Accounts
Fewer than 1,500 25
1,500-3,999 30
4,000-6,999 35
7,000 or more 40
20.14.2 Notice of Contamination. Contamination noticing will follow the procedures 2747 described in Section 5.07. 2748
Article 21. Emergency Service 2749
21.01 Revised Services During an Emergency. In the event of a major storm, earthquake, fire, 2750 flood, tornado, other natural or man-made disaster, or other such emergency event (collectively “Emergency 2751 Event), Contractor will continue to provide Solid Waste Collection to the maximum extent practicable, and in 2752 accordance with FEMA’s Public Assistance Debris Management Guide (FEMA -325). T he Agreement 2753 Administrator may grant the Cont ractor a variance from regular routes and schedules, which will not be 2754 withheld unreasonably. As soon as practicable after such Emergency Event, Contractor must advise the 2755 Agreement Administrator when it is anticipated that normal routes and schedules can be resumed. The 2756 Agreement Administrator will try through the local news media to inform the public when regular services may 2757 be resumed. The clean- up from some Emergency E vents may require that Contractor hire additional 2758 equipment, employ additional personnel, or work existing personnel on overtime hours to clean debris 2759 resulting from the event. If Contractor secures written authorization and approval from City through the 2760 Agreement Administrator, Contractor will receive additional compensation above the normal compensation 2761 contained in this Agreement to cover the costs of rental equipment, additional personnel, overtime hours, and 2762 other documented expenses based on the rates set forth in Exhibit 1. City will be g iven equal priority and 2763 access to resources as with other franchise jurisdictions held by Contractor or its affiliates. 2764
21.02 Emergency Event Planning. Within sixty (60) days from a request by City, Contractor shall 2765 prepare a draft Emergency Event plan that sets forth procedures for maintaining regular Collection service 2766 and Collection of debris following an Emergency Event and provide a framework for how the City will respond, 2767 clear, remove, and dispose of debris generated during a disaster . The Emergency Event plan shall address 2768 arrangements to provide needed vehicles and personnel, priorities for clean- up at critical facilities, and 2769 procedures for reimbursement for costs; it shall also describe communication plans, list key contact persons, 2770 and provide maps showing proposed sites for stockpiling of disaster debris that cannot be transported to the 2771 landfill. Contractor shall coordinate the plan with City’s Public Works Department . The draft plan shall be 2772 presented to the City Manager for consideration and appr oval. The final plan shall be distributed to those 2773 employees of Contractor and City who would have a role in implementing upon the occurrence of an 2774 Emergency Event. 2775
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21.03 Emergency Event Recovery Support . In the event of an Emergency Event , Contractor 2776 agrees to provide recovery support upon request by Agreement Administrator. This may include additional 2777 hauling of debris, special handling such as wrapping waste in plastic (i.e., “ burrito wrapping”), temporary 2778 storage of debris where feasible, additional disposal, use of different transfer and disposal facilities, and 2779 documentation of debris type, weight, and Diversion. Contractor should follow protocol laid out in the County’s 2780 Operational Area Mass Debris Management Plan (Annex to the Operational Area Emergency Response Plan) 2781 and any subsequent County or City Disaster Debris Plans, as applied to Solid Waste hauling and handling. 2782 Article 22. Record Keeping and Reporting Requirements 2783
22.01 Record Keeping. Notwithstanding Article 47 herein: 2784
22.01.1 Accounting Records . Contractor must maintain full, complete , and separate 2785 financial, statistical, and accounting records pertaining to cash, billing, and provisions of all Collection 2786 Services, prepared on an accrual basis in accordance with generally accepted accounting principles. Such 2787 records will be subject to audit, copy, and inspection for the purposes set forth in Section 17.01. Gross 2788 Revenues derived from provision of the Collection Services, whether such services are performed by 2789 Contractor or by a subcontractor or subcontractors, will be recorded as revenues in the accounts of 2790 Contractor. The Contractor shall keep and preserve, during the Term of this Agreement, and for a period of 2791 not less than four (4) years following expiration or other termination hereof, full, complete, and accurate 2792 records, including all cash, billing, and disposal records, as indicated in the Agreement. 2793
22.01.1.1 City reserves the right to request audited, reviewed, or compiled 2794 financial statements prepared by an i ndependent Certified Public Accountant , including any associated 2795 footnotes, or as may be provided by Contractor or its parent company. In the event that Contractor does 2796 not maintain separate financial or accounting records prepared specifically for services provided under this 2797 Agreement, Contractor may use industry standard allocation methods to provide financial information as 2798 applicable to the service provided under this Agreement. Failure of Contractor to provide requested financial 2799 statements to City within fifteen (15) Workdays of a request may result in assessment of Administrative 2800 Charges and Penalties as specified in Exhibit 5. 2801
22.01.2 Agreement Materials Records. Contractor must maintain records of the quantities 2802 of (i) Residential , MFD , and Commercial Solid Waste Collected and Disposed under the terms of this 2803 Agreement, (ii) Recyclable Materials, by type, Collected, purchased, processed, sold, donated, or given for 2804 no compensation under the terms of this Agreement, and (iii) Organic Waste by type, Collected, purchased, 2805 processed, sold, donated, or given for no compensation under the terms of this Agreement . Records must 2806 be provided to City as specified in Article 20, and upon additional request. 2807
22.01.3 Other Records. Contractor must maintain all other records reasonably related to 2808 provision of Collection Services, whether or not specified in this Agreement, and provide them upon City 2809 request. Failure of Contractor to submit requested records to City within fifteen (15) Workdays of a request 2810 may result in assessment of Administrative Charges and Penalties as specified in Exhibit 5. 2811
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22.01.4 Failure to Report. The refusal of Contractor to file any of the reports required in the 2812 timelines required, or the inclusion of any materially false or misleading statement or representation made 2813 knowingly by Contractor in such report, shall be deemed a material breach of this Agreement and shall 2814 subject Contractor to all remedies, legal or equitable, which are available to City under this Agreement or 2815 otherwise. 2816
22.01.5 Report Format. All reports to be submitted in a form and format approved by the 2817 City, including electronic data submission. 2818
22.02 Online Waste Reporting System. Contractor shall, at no additional cost to the City, procure 2819 software to use as an Online Waste Reporting System, an online/digital data system that is specifically 2820 designed for recording and documenting activity and data related to Collection Services, including outreach, 2821 customer service, site visits, service levels, weights and volumes by waste stream, field issues for compliance, 2822 and reporting. 2823
22.03 Vehicle GPS and Camera Data. Upon City’s request, Contractor shall make available for 2824 City’s review, stored vehicle GPS and on-board camera data. 2825
22.04 Quarterly Reporting. 2826
22.04.1 General. Quarterly reports must be submitted no later than 5 p.m. PT on the last 2827 day of the month following the end of Quarter in which the receipts are Collected and must be provided 2828 electronically using software acceptable to the City. If the last day of the month falls on a day that City is 2829 closed or on a Holiday, then the report will be due on the next Business Day. Failure to submit complete 2830 quarterly reporting by the due date may result in assessment of Administrative Charges and Penalties as 2831 specified in Exhibit 5. 2832
22.04.2 City Reports. Quarterly reports to City must include: 2833
22.04.2.1 Franchised Tonnage and Service Data. Contractor must provide 2834 a full-service list, with the following indicated for each Customer: number of contracted Collections for that 2835 Quarter (Collections that were scheduled to take place), and number of actual Collections completed during 2836 that Quarter (Collections that took place, not inclu ding non-collections or missed Collections). Contractor 2837 must also report the number of unique SFD and MFD accounts serviced; the number of unique Commercial 2838 and City accounts serviced; tonnage of Garbage, Recyclable Materials, and Organic Waste Collected and 2839 processed for Diversion, broken down by Container type. Quantities should be broken down by SFD, MFD, 2840 Commercial, and City Services. 2841
22.04.2.2 Overweight Vehicle Reporting. The quarterly report must include 2842 a summary total of all instances of overweight Collection Vehicles. This summary must include the number 2843 of overweight vehicle instances expressed as a percentage of the total number of Collection Vehicle loads 2844 transported during the reported Quarter. 2845
22.04.2.3 Non-Collection. The quarterly report must include a list of all Non-2846 Collection occurrences that took place during that Quarter. It must include the full list of Service Units that 2847
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experienced Non-Collection, indicate the date of and reason for each Non-Collection incident, and indicate 2848 whether a Non-Collection Notice was issued, and in what format it was issued. 2849
22.04.2.4 On-hold. The quarterly report must include each Service Unit that 2850 was not billed in the previous Quarter. 2851
22.04.2.5 Collection Ov erage Charges. The quarterly report must include 2852 each Service Unit incurring a charge for a Solid Waste Overage in the previous Quarter. 2853
22.04.2.6 Contamination Reporting. To the extent required by Applicable 2854 Law, the quarterly report must include a summary of all instances of qualifying contamination under the 2855 procedures in Section 5.08. This summary must include the total number of accounts where contamination 2856 occurred, the total number of Contamination Violation Notices issued by Contractor to Service Recipients, 2857 a list of accounts where such notices occurred, the total number of instances where Collection C ontainer 2858 size or Collection frequency was increased specifically due to contamination, a list of accounts that were 2859 charged contamination fees, and a list of accounts fo r which the Collection Container size or Collection 2860 frequency was increased specifically due to contamination. Within twenty (20) Workdays of request by City, 2861 Contractor will provide copies of the Contamination Violation Notices and the digital documentati on of 2862 contamination. 2863
22.04.2.7 Service Recipient Complaint Log. The quarterly report must 2864 include the Service Recipient complaint log Collected from the previous Quarter. Reporting of complaints 2865 regarding noise must include identification of the truck (by type of tr uck and truck identification number) 2866 involved in the complaint, if feasible. 2867
22.04.2.8 Reports to City on Customers discovered to be out of compliance 2868 with the SB 1383 Regulations, including a list of the Customers, the type of violation (including not donating 2869 Edible Food, not providing Containers for Customer use, and other compliance violations), actions taken to 2870 educate those Customers, and contact information for those Customers. Such reports shall be provided 2871 quarterly or as required by City. 2872
22.04.2.9 List of Programs Utilized. The quarterly report must include a list 2873 of all the waste Diversion and reduction programs, as well as other Solid Waste Collections programs , 2874 utilized by City residents, with the number of residents per program indicated when known. This report 2875 should also include the number of Kitchen Food Waste Pails distributed to residents within the Quarter. 2876
22.04.2.10 Abandoned Waste Reporting. The quarterly report must include a 2877 list of the times Contractor provided Abandoned Waste Removal Service to the Cit y, including the dates, 2878 the locations of each service, and the amount of material Collected during each incident. 2879
22.05 Annual Reporting. 2880
22.05.1 General. An annual report must be submitted no later than 5 p.m. PT on January 2881 31, 2026, and each January 31st thereafter for the previous Calendar Year. If January 31st falls on a day that 2882 City is closed, then the report will be due on the next Business Day . Annual reports must be submitted 2883
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electronically in software acceptable to the City. Failure to submit complete annual reporting by the due date 2884 may result in assessment of Administrative Charges and Penalties as specified in Exhibit 5. Annual reports 2885 to City must include: 2886
22.05.1.1 Financial Statements. Contractor must submit annual financial 2887 statements for the local operation. Statements need not be reviewed or audited statements. 2888
22.05.1.2 Annual Sustainability and Compliance Report. Contractor must 2889 complete and submit data sections within their Sustainability and Compliance Plan to document education 2890 and outreach conducted, public event participation, school visits, compliance notices mailed, site visits, 2891 waste audits completed, information distributed, and media used, and community events hosted. This must 2892 include public education activities undertaken during the year, including distribution of bill inserts, Collection 2893 notification tags, community information and events, tours , and other activities related to the provision of 2894 Collection Services, and must discuss the impact of these activities on Recycling program participation and 2895 include amounts Collected from SFD, MFD, Commercial, and City Service Units. The report should include 2896 a complete list of all non- exempt commercial accounts, which includes each non-exempt account’s status 2897 as a “covered generator” under AB 341, AB 1826, and SB 1383; the date and status of Contractor ’s 2898 outreach efforts at each non-exempt account; and the current level of Recyclable Materials and Organic 2899 Waste program participation at each non-exempt account. 2900
22.05.1.3 Solid Waste Data. The number of SFD , MFD, Commercial, and 2901 City Service Units, and the number of Collection Containers distributed by size and Service Unit type. 2902
22.05.1.4 Waste Characterization Data. A breakdown of Solid Waste 2903 (Garbage, Recyclable Materials , and Organic Waste) by material type as per CalRecycle material 2904 classifications. 2905
22.05.1.5 Recyclable Materials Data. Gross tons Collected daily on average 2906 by material type by route for SFD, MFD, Commercial, and City Recyclable Materials service, with map of 2907 routes. The average participation rates by Quarter relative to the total number of Service Units by Service 2908 Unit type Indicate number of Recyclable Materials Collection Containers distributed by size and Service 2909 Unit type. 2910
22.05.1.6 Organic Waste Data. Include average daily gross tons Collected 2911 by route, separated by Green Waste and Food Waste, with map of routes . Include the total number of 2912 generators that receive each type of Organic Waste Collection Service provided by the Contractor. Indicate 2913 average daily number of setouts by route. Indicate average participation rates relative to the total number 2914 of Service Units in terms of weekly set-out counts. Indicate number of Organic Waste Collection Containers 2915 distributed by size and Service Unit type. 2916
22.05.1.7 Customer Service Log. A copy of the customer service log, 2917 including a summary of the type and number of complaints and their resolution. Include copies of a written 2918 record of all calls related to missed pickups and responses to such calls. 2919
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22.05.1.8 Customer Service Information Sheet. A copy of Contractor’s most 2920 recent Customer Service Information Sheet (i.e., customer call center “cheat sheet”) for the City or the 2921 equivalent information used by customer service representatives. 2922
22.05.1.9 Overweight Vehicle Data. A summary of all instances of 2923 overweight Collection Vehicles. This summary must also include the number of overweight vehicle 2924 instances as a percentage of the total number of Collection Vehicle loads transported during the Calendar 2925 Year. 2926
22.05.1.10 Summary Narrative. A summary narrative of problems 2927 encountered with Collection activities and act ions taken. Indicate type and number of Non- Collection 2928 Notices left at Service Recipient locations. Indicate instances of property damage or injury, significant 2929 changes in operation, market factors, publicity conducted, and needs for publicity. Include description of 2930 processed material loads rejected for sale, reason for rejection, and Disposition of load after rejection. 2931
22.05.1.11 Collection Container and Vehicle Inventory. An updated complete 2932 inventory of Collection Containers by type and size, and an updated compl ete inventory of Collection 2933 Vehicles, including for each vehicle: truck number, route number, date purchased, vehicle type, tare weight, 2934 license plate number, fuel type, vehicle make and model, and vehicle safety records. 2935
22.05.1.12 Diversion Rate. Contractor must provide documentation 2936 acceptable to City stating and supporting the Calendar Year’s Franchise Diversion Rate, as calculated in 2937 accordance with the provisions of Article 8. Any tonnages Diverted and Disposed from large venues and 2938 events during the reporting period will be counted towards the calculated Diversion rate. 2939
22.05.1.13 AB 341 , AB 1826, and SB 1383 Compliance Data. Contractor 2940 must report the total number of Commercial and MFD Service Units serviced , as well as the number of 2941 Containers, Container sizes, and frequency of Collection for Garbage, Recyclable Materials, and Organic 2942 Waste for each non-exempt Commercial and MFD Service Unit. Contractor must also provide the following 2943 information separately for both AB 341 and AB 1826: 2944
22.05.1.14 The total number of non- exempt Commercial and MFD Service 2945 Units that fall under the AB 341 or AB 1826 thresholds, and the total number of those non- exempt 2946 Commercial and MFD Service Units that are not subscribed to Commercial or MFD Recyclable Materials 2947 Collection Service or Commercial or MFD Organic Waste Collection Service. 2948
22.05.1.15 A summary of the type of follow-up outreach that was provided to 2949 those non-exempt Commercial and MFD Service Units that are not subscribed to Commercial or MFD 2950 Recyclable Materials Collection Service or Commercial or MFD Organic Waste Collection Service. 2951
22.05.1.16 Contractor shall provide proof of training records for Service 2952 Recipient personnel, emergency procedures, Customer Service Courtesy, and how to recognize Illicit 2953 Discharges and stormwater pollution sources. 2954
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22.05.1.17 A list of all recommended waivers for that calendar year, including 2955 copies of the waiver request form and other supporting documentation (may be provided electronically or 2956 over a web page), in accordance with Section 20.07. 2957
22.05.1.18 A list of the Tier One and Tier Two generators, in accordance with 2958 Section 20.11. (List may be secured from West Contra Costa Integrated Waste Management Authority if 2959 Contractor is not responsible for regularly maintaining the list .) The services described in this S ection are 2960 not effective until such time as the City and Contractor agree to a City-Directed Change per Section 30.01. 2961
22.05.1.19 For Route Reviews and Compliance Reviews: 2962 (i) The date the review was conducted. 2963
(ii) The name and title of each person conducting the review. 2964 (iii) A list of the account names and addresses covered by the review. 2965 (iv) For Route Reviews, a description of each Hauler Route reviewed, and a 2966 general description of the Hauler Route area. 2967
(v) For Route Reviews, the results of such review (i.e. , the addresses where any 2968 Prohibited Container Contaminants were found) and any photographs taken. 2969 (vi) For Compliance Reviews, the results of such review (i.e., Contractor’s findings 2970 as to whether the Customers reviewed are subscribed for Organic Waste 2971 Collection service, have an applicable waiver, or neither) and any relevant 2972 evidence supporting such findings (e.g., account records). 2973 (vii) Copies of any educational materials issued pursuant to such reviews. 2974
22.05.1.20 Documentation relating to observed Prohibited Container 2975 Contaminants, whether observed during Route Reviews or otherwise: 2976 (i) Copies of the form of each notice issued to Customers for Prohibited Container 2977 Contaminants, as well as, for each such form, a list of the Customers to which 2978 such notice was issued, the date of issuance, the Customer’s name and 2979 service address, and the reason for issuance (if the form is used for multiple 2980 reasons). 2981
(ii) The number of times notices were issued to Customers for Prohibited 2982 Container Contaminants. 2983
(iii) The number of Containers where the contents were Dispos ed due to 2984 observation of Prohibited Container Contaminants. 2985
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22.06 Diversion Calculation and Data. By 5:00 p.m. PT on February 14 and annually thereafter 2986 during the Term of this Agreem ent, Contractor must deliver to City , in the format specified by City , the 2987 Calendar Year’s Franchised Diversion Rate, as calculated in accordance with the provisions of Article 8. Any 2988 tonnages Diverted and Disposed from large venues and events during the reporting period will be counted 2989 towards the calculated Diversion rate. 2990
22.07 CalRecycle Reports. Contractor will provide reasonable assistance to City in preparing 2991 annual reports to CalRecycle (the “Electronic Annual Report” or EAR), including but not limited to supplying 2992 required data for preparation of the reports, and completing all required data input. 2993
22.07.1 Contractor shall maintain, in form and format satisfactory to the City, the Online 2994 Waste Reporting System, an Implementation Record meeting the requirements of the SB 1383 Regulations 2995 and CalRecycle. Contractor shall be responsible for requesting informati on from the City for City -related 2996 activities, such as procurement and outreach and education, for maintenance of the Implementation Record 2997
22.07.2 In the event that CalRecycle requires City to report an Implementation Schedule 2998 and/or Corrective Action Plan to comply with AB 341, AB 1826, SB 1383, SB 1594, and/or other Applicable 2999 Laws, Contractor will provide assistance to City in preparing a report, including Contractor’s policies and 3000 procedures related to compliance with AB 341, AB 1826, SB 1383, and /or other Applicable Laws and how 3001 Recyclable Materials or Organic Waste are Collected; a description of the geographic area, routes, list of 3002 addresses served, and a method for tracking contamination; copies of route audits, copies of notice of 3003 contamination; copies of notices, violations, education, and enforcement actions issued; and copies of 3004 educational materials, flyers, brochures, newsletters, website, and social media. 3005
22.08 Additional Reporting. Contractor must furnish City with any additional reports as may 3006 reasonably be required, and such reports are to be prepared within a reasonable time following the reporting 3007 period. 3008
Article 23. Nondiscrimination 3009
23.01 Nondiscrimination. In the performance of all work and services under this Agreement , 3010 Contractor may not discriminate against any person based on such person’s race, sex, gender, gender 3011 identity, color, national origin, religion, marital status , or sexual orientation. Contractor must comply with all 3012 applicable local, State , and Federal laws and regulations regarding nondiscrimination, including those 3013 prohibiting discrimination in employment. 3014
Article 24. Service Inquiries and Complaints 3015
24.01 Contractor’s Customer Service. All service inquiries and complaints will be directed to 3016 Contractor. A representative of Contractor must be available to receive the complaints during normal business 3017 hours. Customer Service training shall include Service Recipient courtesy, shall prohibit the use of loud or 3018 profane language, and shall instruct Collection crews to perform the work quietly. Contractor shall use its best 3019 efforts to ensure that all employees present a neat appearance and conduct themselves in a courteous 3020 manner. All service complaints will be handled by Contractor in a prompt and efficient manner. All cases must 3021
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be addressed and resolved within three (3) Workdays. In the case of a dispute between Contractor and a 3022 Service Recipient, the matter will be reviewed, and a decision made, by the Agreement Administrator. 3023
24.01.1 Contractor will utilize the Customer Service Log to maintain a record of all inquiries 3024 and complaints in a manner prescribed by City. 3025
24.01.2 For those complaints related to missed Collections , where Containers are properly 3026 set out in a timely manner , that are received by 12:00 p.m. (noon) on a Workday, Contractor will return to 3027 the Service Unit address and Collect the missed materials before leaving the Service Area for the day. For 3028 those complaints related to missed Collections that are received after 12:00 p.m. ( noon) on a Workday, 3029 Contractor will have until the end of the following Workday to resolve the complaint. For those complaints 3030 related to repair or replacement of Collection Containers, the appropriate Sections of this Agreement will 3031 apply. 3032
24.01.3 Contractor agrees that it is in the best interest of City that all Garbage, Recyclable 3033 Materials, and Organic Waste be Collected on the scheduled Collection day. Accordingly, missed Collections 3034 will normally be Collected as set forth above regardless of the reason t hat the Collection was missed. 3035 However, in the event a Service Recipient requests missed Collection service more than two (2) times in 3036 any consecutive two (2) month period, the Agreement Administrator will work with Contractor to determine 3037 an appropriate resolution to that situation. In the event Contractor believes any complaint to be without merit, 3038 Contractor will notify the Agreement Administrator by email. The Agreement Administrator will investigate all 3039 disputed complaints and render a decision. 3040
24.01.4 Contractor’s service and emergency telephone numbers must be accessible by a 3041 local (City) phone number or toll-free number. The service telephone number(s) must be listed in the area’s 3042 telephone directories under Contractor’s name in the White Pages, available through an online search, and 3043 listed on the Contractor’s website. 3044
24.02 Contractor shall record and catalog all Customer email addresses alongside Customer 3045 names and mailing addresses , such that Contractor can more easily and quickly send out updates and 3046 announcements as needed . Contractor shall cooperate with City to send out via email any service- related 3047 updates and announcements City may deem necessary. 3048 Article 25. Quality of Performance of Contractor 3049
25.01 Intent. Contractor acknowledges and agrees that one of City’s primary goals in entering 3050 into this Agreement is to ensure that the Solid Waste Collection is of the highest caliber, that Service Recipient 3051 satisfaction remains at the highest level, that maximum Diversion levels are achieved, and that materials 3052 Collected are put to the highest and best use to the maximum extent possible. 3053
25.02 Administrative Charges and Penalties . Quality of performance by the Contractor is of 3054 primary importance. In acknowledgement of this, and subject to the provision of Section 25.02 and Exhibit 5, 3055 Contractor agrees to pay City Administrative Charges and Penalties as detailed in Exhibit 5 should Contractor 3056 fail to meet its responsibilities under this Agreement. Should Contractor be in breach of the requirements set 3057
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forth in this Agreement, it is mutually understood and agreed that the public will necessarily suffer damages 3058 and that such damages, from the nature of the default in performance, will be extremely difficult and 3059 impractical to fix. City finds, and the Contractor agrees, that as of the time of the execution of this Agreement, 3060 it is impractical, if not impossible, to reasonably ascertain the extent of damages which will be incurred by 3061 City as a result of a breach by Contractor of its obligations under this Agreement . The factors relating to the 3062 impracticability of ascertaining damages include, but are not limited to, the fact that: (i) substantial damage 3063 results to members of the public who are denied services or denied quality or reliable service; (ii) such 3064 breaches cause inconvenience, anxiety, frustration , and deprivation of the benefits of this Agreement to 3065 individual members of the general public for whose benefit this Agreement exists, in subjective ways and in 3066 varying degrees of intensity which are incapable of measur ement in precise monetary terms; (iii) services 3067 might be available at substantially lower costs than alternative services, and the monetary loss resulting from 3068 denial of services or denial of quality or reliable services is impossible to calculate in precise monetary terms; 3069 and (iv) the termination of this Agreement for such breaches, and other remedies are, at best, a means of 3070 future correction and not remedies which make the public whole for past breaches. 3071
25.03 Contractor’s Right to Cure. Administrative Charges and Penalties will only be assessed 3072 after Contractor has been given the opportunity but failed to rectify, in a timely manner, the breach or 3073 deficiency in performance as described in this Agreement . Furthermore, prior to assessing Administrative 3074 Charges and Penalties, City shall give Contractor notice of its intention to do so in accordance with Section 3075
25.04 below. The notice shall include a brief description of the incident(s)/non-performance. Contractor may 3076 review (and make copies at its own expense) all information in the possession of the City relating to the 3077 incident(s)/non-performance. Contractor may, within ten (10) days after receiving the notice, request a 3078 meeting with City. Contractor may present evidence in writing and through testimony of its employees and 3079 others relevant to the incident(s)/non-performance. City shall provide Contractor with a written explanation of 3080 the City’s determination on eac h incident(s)/non- performance prior to authorizing the assessment of 3081 Administrative Charges and Penalties. 3082
25.04 Procedure for Review of Administrative Charges. The Agreement Administrator may 3083 assess Administrative Charges and Penalties as specified in Exhibit 5 pursuant to this Agreement quarterly. 3084 At the end of each Quarter during the Term of this Agreement , the Agreement Administrator will issue a 3085 written notice to Contractor (“Notice of Assessment”) of the Administrative Charges and Penalties assessed 3086 and the basis for each assessment. 3087
25.04.1 The assessment will become final unless, within ten (10) calendar days of the date 3088 of the notice of assessment, Contractor provides a written request for a meeting with the Ci ty Manager to 3089 present evidence that the assessment should not be made. 3090
25.04.2 The Agreement Administrator will schedule a meeting between Contractor and the 3091 City Manager as soon as reasonably possible after timely receipt of Contractor’s request. 3092
25.04.3 The City Manager will review Contractor’s evidence and render a decision 3093 sustaining or reversing the Administrative Charges and Penalties as soon as reasonably possible after the 3094 meeting. Written notice of the decision will be provided to Contractor. 3095
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25.04.4 In the event Contractor does not submit a written request for a meeting within ten 3096 (10) calendar days of the date of the Notice of Assessment, the Agreement Administrator’s determination 3097 will be final. 3098
25.04.5 City’s assessment or collection of Administrative Charges and Penalties will not 3099 prevent City from exercising any other right or remedy, including the right to terminate this Agreement, for 3100 Contractor’s failure to perform the work and services in the manner set forth in this Agreement . 3101
25.05 Uncontrollable Circumstances. 3102
25.05.1 If either party is prevented from or delayed in performing its duties under this 3103 Agreement by circumstances beyond its control, whether or not foreseeable, including, without limitation, 3104 acts of terrorism, landslides, lightning, f orest fires, storms, floods, severe weather, freezing, earthquakes, 3105 other natural or man-made disasters, the threat of such natural or man-made disasters, pandemics (or threat 3106 of same), quarantines, civil disturbances, acts of the public enemy, wars, block ades, public riots, strikes, 3107 lockouts or other labor disturbances, acts of government or governmental restraint, or other causes, whether 3108 of the kind enumerated or otherwise, that are not reasonably within the control of the affected party, then the 3109 affected party will be excused from performance hereunder during the period of such disability. 3110
25.05.2 The party claiming excuse from performance must promptly notify the other party 3111 when it learns of the existence of such cause, including the facts constituting such cause, and when such 3112 cause has terminated. 3113
25.05.3 The interruption or discontinuance of services by a party caused by circumstances 3114 outside of its control will not constitute a default under this Agreement. 3115 Article 26. Performance Bond 3116
26.01 Performance Bond. Within ten (10) Business Days from the date the City Council approves 3117 this Agreement, Contractor must furnish to City, and keep current, a performance bond, or irrevocable letter 3118 of credit (hereinafter collectively “Performance Bond”), issued or drawn upon a surety, bank , or financial 3119 institution reasonably acceptable to City and in a form acceptable to the City Attorney, for the faithful 3120 performance of this Agreement and all obligations arising hereunder in an amount as follows: 3121
26.01.1 From July 1, 2025, and so long as this Agreement or any extension thereof remains 3122 in force, Contractor must maintain a performance bond in the amount of two million five hundred thousand 3123 dollars ($2,500,000). 3124
26.01.1.1 The performance bond must be executed by a surety company 3125 licensed to do business in the State of California; having an “A-" or better rating by A. M. Best or Standard 3126 and Poor’s; and included on the list of surety companies approved by the Treasurer of the United States. 3127
26.01.1.2 In the event City draws on the bond, all of City’s costs of collection 3128 and enforcement of the Bond, including reasonable attorney’s fees and costs, must be paid by Contractor. 3129
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26.01.1.3 The Performance Bond must be renewed annually for the entire 3130 Term of the Agreement, and evidence must be provided to City annually, up to the penal sum of the bond. 3131
26.01.1.4 In the event Contractor shall for any reason (except as otherwise 3132 provided in this Agreement) become unable, or fail in any way, to perform as required by this Agreement, 3133 City may declare a portion or all of the Performance Bond, as may be necessary to recompense and make 3134 whole the City, forfeited to the City, up to the penal sum of the bond. 3135 Article 27. Insurance 3136
27.01 Before beginning any services under this Agreement, Contractor, at its own cost and 3137 expense, shall procure the types and amounts of insurance specified herein and maintain that insurance 3138 throughout the term of this Agreement. The cost of such insurance shall be included in the Contractor’s bid 3139 or proposal. Contractor shall be fully responsible for the acts and omissions of its subcontractors or other 3140 agents. 3141
27.01.1 Workers’ Compensation. Contractor shall, at its sole cost and expense, maintain 3142 Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons 3143 employed directly or indirectly by Contractor in the amount required by applicable law. The requirement to 3144 maintain Statutory Workers’ Compensation and Employer’s Liability Insurance may be waived by the City 3145 upon written verification that Contractor is a sole proprietor and does not have any employees and will not 3146 have any employees during the term of this Agreement. 3147
27.01.2 Commercial General Liability and Automobile Liability Insurance. 3148
27.01.2.1 General requirements. Contractor, at its own cost and expense, 3149 shall maintain commercial general liability and automobile liability insurance for the term of this Agreement 3150 in an amount not less than $5,000,000 per occurrence and $10,000,000 aggregate, combined single limit 3151 coverage for risks associated with the work contemplated by this Agreement . 3152
27.01.2.2 Minimum scope of coverage. Commercial general liability 3153 coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence 3154 form CG 0001 0413 covering comprehensive General Liability on an “occurrence” basis. Automobile 3155 coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 1120 3156 covering any auto (Symbol 1). No endorsement shall be attached limiting the coverage. 3157
27.01.2.3 Additional requirements. Each of the following shall be included in 3158 the insurance coverage or added as a blanket-form endorsement to the policy, if applicable: 3159 a) The Commercial General Liability and Automobile Liability Insurance shall cover 3160 on an occurrence basis. 3161
b) City, its officers, officials, employees, agents, and volunteers shall be included as 3162 additional insureds for commercial general liability and automobile liability arising 3163 out of work or operations on behalf of the Contractor, via blanket -form 3164
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endorsement. Additional Insured Coverage can be provided in the form o f an 3165 endorsement to the Contractor’s Commercial General Liability Insurance at least 3166 as broad as Blanket-Form Additional Insured Endorsements CG 20 10 04 13 and 3167 CG 20 37 04 13. 3168
c) For any claims related to this Agreement or the work hereunder, the Contractor ’s 3169 insurance covered shall be primary insurance, via blanket -form endorsement as 3170 respects the City, its officers, officials, employees, agents, and volunteers. Any 3171 insurance or self -insurance maintained by the City, its officers, officials, 3172 employees, agents or volunteers shall be excess of the Contractor’s insurance 3173 and non-contributing. 3174
d) The policy shall include a “separation of Insureds” or “severability” clause which 3175 treats each insured separately. 3176
e) Contractor agrees to give at least 30 day s prior written notice to City before 3177 coverage is canceled or materially modified. 3178
27.01.3 All Policies Requirements. 3179
27.01.3.1 Submittal Requirements. Contractor shall submit the following to 3180 City prior to beginning services: 3181
a) An ACORD 25 Certificate of Liability Insurance in the amounts specified in this 3182 Agreement, supplemented with the Blanket -Form Additional Insured 3183 Endorsements for the Commercial General Liability and Automobile Liability 3184 policies. 3185
27.01.3.2 Acceptability of Insurers. All insurance required by this Agreement 3186 is to be placed with insurers with a Bests' rating of no less than A:VII. 3187
27.01.3.3 Waiver of Subrogation. Contractor hereby agrees to waive 3188 subrogation which any insurer or contractor may require from Contractor by virtue of the payment of any 3189 loss. The ACCORD 25 Certi ficate of Insurance will be supplemented with the blanket -form waiver of 3190 subrogation endorsements that may be necessary to effect this waiver of subrogation, but this provision 3191 applies regardless of whether or not the City has received a Certificate of Insurance supplemented with the 3192 waiver of subrogation blanket-form endorsements from the insurer(s)’ authorized representative. 3193 The Workers’ Compensation policy shall be endorsed with a waiver of subrogation, via blanket -form 3194 endorsement, in favor of the City for all work performed by the Contractor, its employees, agents, and 3195 subcontractors 3196
27.01.3.4 Subcontractors. Contractor shall include all subcontractors as 3197 additional insureds under its policies or shall furnish separate certificates and applicable endorsements for 3198 each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated 3199
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herein, and Contractor shall ensure that City, its officers, officials, employees, agents, and volunteers are 3200 covered as additional insured on all coverages, except Workers’ Compensation/Employer’s Liability. 3201
27.01.3.5 Excess Insurance. If Contractor maintains higher insurance limits 3202 than the minimums specified herein, City shall be entitled to coverage for the higher limits maintained by 3203 the Contractor. 3204
27.01.3.6 Primary Coverage. For any claims related to this contract, the 3205 Vendor’s insurance coverage shall be primary and non-contributory, via blanket-form endorsement. 3206
27.01.4 Remedies. In addition to any other remedies City may have if Contractor fails to 3207 provide evidence of the required insurance policies via an ACCORD 25 Certificate of Insurance 3208 supplemented with the applicable blanket -form endorsements to the extent and within the time herein 3209 required, City may, at its sole option: 1) obtain such insurance and deduct and retain the amount of the 3210 premiums for such insurance from any sums due under the Agreement; 2) order Contractor to stop work 3211 under this Agreement and withhold any payment that becomes due to Contractor hereunder until Contractor 3212 demonstrates compliance with the requirements hereof; and/or 3) terminate this Agreement . 3213 Article 28. Hold Harmless and Indemnification 3214
28.01 General Indemnification. To the fullest extent permitted by law, Contractor shall defend, 3215 indemnify and hold City, its officials, officers, employees, volunteers and agents free and harmless from any 3216 and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, 3217 to property or persons, including wrongful death, in any manner arising out of or incident to any alleged 3218 negligent acts, omissions or willful misconduct of Contractor, its officials, officers, employees, agents, 3219 subcontractors and subcontractors arising out of or in connection with the performance of the Services, the 3220 Project or this Agreement, including without limitation the payment of all consequential damages, attorneys’ 3221 fees and other related costs and expenses. Contractor shall defend, at Contractor's own cost, expense and 3222 risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or 3223 instituted against City, its directors, officials, officers, employees, agents or volunteers. Contractor shall pay 3224 and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, 3225 employees, agents or volunteers, in any such suit, action or other legal proceeding. Contractor shall 3226 reimburse City and its directors, officials, officers, employees, agents and/or volunteers, for any and all legal 3227 expenses and costs, including reasonable attorneys’ fees, incurred by each of them in connection therewith 3228 or in enforcing the indemnity herein provided. Contractor's obligation to indemnify shall not be restricted to 3229 insurance proceeds, if any, received by City or its directors, officials, officers, employees, agents or 3230 volunteers. Notwithstanding the foregoing, to the extent Contractor's Services are subject to Civil Code 3231 Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to 3232 claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the 3233 Contractor. This Section 28.01 shall survive any expiration or termination of this Agreement. 3234
28.02 Defense and Indemnity for Contractor’s Liabilities and Damages. Contractor shall 3235 indemnify, defend with counsel approved by the City, and hold City, its elected and appointed officials, 3236 officers, agents, employees, and volunteers (collectively “City Indemnitees”) harmless from and against any 3237
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and all of Contractor ’s liabilities, including but not limited to all claims, demands, lawsuits, judgments, 3238 damages, losses, injuries, expenses, and/or costs (including without limitation reasonable legal counsel fees, 3239 expert fees, and all other costs and fees of litigation) of every nature arising out of, brought, or claimed against 3240 Contractor by, or otherwise owed by Contractor to, Contractor’s employees, Contractor’s contractors or 3241 subcontractors, or the owners of Contractor’s firm. 3242
28.03 Defense and Indemnity of Third- Party Claims/Liability. Contractor shall indemnify, defend 3243 with legal counsel approved by City, and hold harmless City Indemnitees from and against any and all 3244 liabilities, including but not limited to all claims, demands, lawsuits, judgments, damages, losses, injuries, 3245 expenses, and/or costs (including without limitation reasonable legal counsel fees, expert fees , and all other 3246 costs and fees of litigation) of every nature arising out of or in connection with Contractor’s negligent 3247 performance of work hereunder or its failure to comply with any of its obligations contained in the Agreement, 3248 except to the extent such loss or damage is caused by the active negligence or willful misconduct of City. 3249 Should conflict of interest principles preclude a single legal counsel from representing both Cit y and 3250 Contractor, or should City otherwise find Contractor ’s legal counsel unacceptable, then Contractor shall 3251 reimburse City its costs of defense, including without limitation reasonable legal counsel fees, expert fees , 3252 and all other costs and fees of litigation. The Contractor shall, after the exhaustion of all appeals and entry of 3253 a final judgment, promptly pay City any final judgment rendered against City (and its officers, officials, 3254 employees, and volunteers) with r espect to any liabilities or claims covered by this Section. It is expressly 3255 understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted 3256 by the law of the State of California and will survive termination of this Agreement. 3257
28.03.1 Contractor shall not be required to indemnify and hold harmless City for liability 3258 attributable to the active negligence or willful misconduct of City, provided such active negligence or willful 3259 misconduct is determined by agreement betwe en the parties or by findings of a court of competent 3260 jurisdiction. In instances where City is shown to have been actively negligent and where City ’s active 3261 negligence accounts for only a percentage of the liability involved, the obligation of the Contractor will be for 3262 that entire portion or percentage of liability not attributable to the active negligence of City based on principles 3263 of comparative fault. 3264
28.04 Nonwaiver. City does not waive, nor shall be deemed to have waived, any indemnity, 3265 defense or hold harmless rights under this Section because of the acceptance by City, or the deposit with 3266 City, of any insurance certificates or policies described in Article 27. 3267
28.05 Diversion Indemnification. Subject to the requirements of Public Resources Code S ection 3268 40059.1, which will control in the event of any conflict with the provi sions of this Section, Contractor agrees 3269 to protect and defend City Indemnitees with counsel selected by Contractor and approved by City, to pay all 3270 attorneys’ fees, and to indemnify, defend, and hold City Indemnitees harmless from and against all fines or 3271 penalties imposed by CalRecycle if the Diversion goals specified in California Public Resources Code Section 3272 41780, as it may be amended, are not met by City with respect to the Materials Collected by Contractor and 3273 if the lack in meeting such goals is attributable to the failure of Contractor to implement and operate the 3274 Recycling or Diversion programs or undertake the related activities required by this Agreement as determined 3275 by CalRecycle. In the event CalRecycle provides an administrative process to challenge the imposition of a 3276 compliance order or a fine or fines, Contractor and City will each be responsible for engaging any consultants 3277
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or attorneys necessary to represent City in any challenge or administrative hearing process. Contractor will 3278 be responsible for the retention of and payment to any consultants engaged to perform waste generation 3279 studies ( Diversion and Disposal). All consultants and attorneys engaged hereunder are subject to the 3280 agreement of City and Contractor. 3281
28.06 Hazardous Substances Indemnification. Contractor agrees to indemnify, defend (with 3282 counsel reasonably approved by City), protect, and hold harmless the City Indemnitees from and against any 3283 and all claims of any kind whatsoever paid, suffered, or incurred by or against the City Indemnitees resulting 3284 from any repair, clean-up, removal action, or response action undertaken pursuant to CERCLA, the Health & 3285 Safety Code, or other similar Federal , State, or local law or regulation, with respect to Solid Waste or 3286 Household Hazardous Waste Collected and Disposed of by Contractor. The foregoing indemnity is intended 3287 to operate as an agreement pursuant to Section 10(e) of CERCLA and Section 25364 of the Health & Safety 3288 Code to defend, protect, hold harmless , and indemnify the City Indemnitees from all forms of liability under 3289 CERCLA, the Health & Safety Code, or other similar Federal, State, or local law or regulation. 3290
28.07 Proposition 218 Release. City intends to comply with all Applicable Law concerning the 3291 Maximum Service Rates provided under this Agreement. Upon thorough analysis, the parties have made a 3292 good faith determination that the Maximum Service Rates for the Solid Waste Collection provided under this 3293 Agreement are not subject to California Constitution Articles XIIIC and XIIID because, among other reasons, 3294 such services are provided by a private corporation and not by City, Contractor independently establishes the 3295 rates for services within the limits es tablished in this Agreement, the receipt of services is voluntary and not 3296 required of any property within City, and any owner or Service Recipient of property within City has the 3297 opportunity to avoid the services available under this Agreement either through Self-Hauling or use of property 3298 in such a manner that Solid Waste is not generated. Accordingly, in the event that a third party challenges 3299 the Maximum Service Rates as being in violation of Article XIIIC or XIIID of the California Constitution, or 3300 otherwise asserts that the Maximum Service Rates are an invalid tax, assessment , or fee, then Contractor 3301 agrees, subject to the provisions of the Public Resources Code Section 40059.2 and if allowed by law , to 3302 waive, release, and hold harmless the City Indemnitees from and against any and all claims Contractor may 3303 have against the City Indemnitees resulting therefrom, and to indemnify and defend City indemnitees, with 3304 legal counsel reasonably acceptable to City, from any third- party claim, suit, or other action, whether 3305 administrative, legal, or equitable, challenging the Maximum Service Rates authorized under this Agreement 3306 or as being in violation of Article XIIIC or XIIID of the California Constitution, or otherwise asserting that the 3307 Maximum Service Rate are an invalid tax, assessment , or fee. The foregoing notwithstanding, Contractor 3308 shall have no obligation to pay or refund monies paid to the City as and for franchise fees or other 3309 administrative fees established by this Agreement if such franchise fees or other administrative fees are 3310 determined by a Court to be invalid, in violation of State or Federal law, or an unauthorized tax or government 3311 fee. This Section will survive the expiration or termination of this Agreement for claims arising prior to the 3312 expiration or termination of this Agreement. 3313
28.08 Employment & Labor Practices. Contractor shall indemnify, defend, and hold harmless City 3314 Indemnitees, from any and all liability, damages, claims, costs, and expenses of any nature to the extent 3315 arising from Contractor's personnel and labor practices, including failure to pay and comply with State or 3316 Federal prevailing wage laws should such be applicable to Contractor’s personnel or labor practices or to one 3317
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or more of the services it provides pursuant to the Agreement. All duties of Contractor under this paragraph 3318 shall survive termination of this Agreement. 3319
28.09 Consideration. It is specifically understood and agreed that the consideration inuring to 3320 Contractor for the execution of this Agreement consists of the promises, payments, covenants, rights , and 3321 responsibilities contained in this Agreement. 3322
28.10 Obligation. This Agreement obligates Contractor to comply with the foregoing 3323 indemnification and release provisions; however, the collateral obligation of providing insurance must also be 3324 complied with as set forth in this Agreement. The provision of insurance and the coverage limits therein shall 3325 not in any way be a limitation on Contractor’s indemnification and defense obligations. 3326
28.11 Subcontractors. Contractor must require all subcontractors performing work in the City to 3327 enter into a contract containing the provisions set forth in Article 27, in which contract the subcontractor fully 3328 indemnifies City in accordance with this Agreement. 3329
28.12 Exception. Notwithstanding other provisions of this Agreement, Contractor’s obligation to 3330 indemnify, hold harmless, and defend City, its officers, and its employees will not extend to any loss, liability, 3331 penalty, damage, action, or suit arising or resulting solely from acts constituting active negligence, willful 3332 misconduct, or violation of law on the part of City, its officers, or its employees. 3333
28.13 Damage by Contractor . If Contractor’s employees or subcontractors cause any injury, 3334 damage, or loss to City property, including but not limited to City streets or curbs, excluding normal wear and 3335 tear, Contractor must reimburse City for City’s cost of repairing or replacing such injury, damage, or loss. 3336 Such reimbursement is not in derogation of any right of City to be indemnified by Contractor for any such 3337 injury, damage , or loss. With the prior written approval of City , Contractor may repair t he damage at 3338 Contractor’s sole cost and expense. Any injury, damage, or loss to private property caused by the negligent 3339 or willful acts or omissions of Contractor to private property must be repaired or replaced by Contractor at 3340 Contractor’s sole expense. Disputes between Contractor and its Service Recipients or private property 3341 owners as to damage to private property are civil matters , and complaints of damage will be referred to 3342 Contractor as a matter within its sole responsibility and as a matter within the scope of this Article. 3343 Article 29. Default of Agreement 3344
29.01 Termination. City may cancel this Agreement, except as otherwise provided below in this 3345 Section, by giving Contractor thirty (30) calendar days advance written notice, to be served as provided in 3346 this Agreement, upon the happening of any one of the following events: 3347
29.01.1 Contractor takes the benefit of any present or future insolvency statute; makes a 3348 general assignment for the benefit of creditors; files a voluntary petition in bankruptcy (court); files a petition 3349 or answer seeking an arrangement for its reorganization or the readjustment of its indebtedness under the 3350 Federal bankruptcy laws or under any other law or statute of the United State s or any State thereof; or 3351 consents to the appointment of a receiver, trustee or liquidator of all or substantially all of its property; or 3352
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29.01.2 By order or decree of a court, Contractor is adjudged bankrupt or an order is made 3353 approving a petition filed by any of its creditors or by any of the stockholders of Contractor , seeking its 3354 reorganization or the readjustment of its indebtedness under the Federal bankruptcy laws or under any law 3355 or statute of the United States or of any State thereof, provided that if any such judgment or order is stayed 3356 or vacated within sixty (60) calendar days after the entry thereof, any notice of default will be and become 3357 null, void, and of no effect , unless such stayed judgment or order is reinstated , in which case such default 3358 will be deemed immediate; or 3359
29.01.3 By, pursuant to, or under the authority of any legislative act, resolution, or rule or 3360 any order or decree of any court or governmental board, agency , or officer having jurisdiction, a receiver, 3361 trustee, or liquidator takes possession or control of all or substantially all of the property of Contractor , and 3362 such possession or control continues in effect for a period of sixty (60) calendar days; or 3363
29.01.4 Contractor has defaulted, by failing or refusing to pay in a timely manner the 3364 Administrative Charges and Penalties or other monies due City under this Agreement, and such default is 3365 not cured within thirty (30) calendar days of receipt of written notice by City to do so, unless Contractor has 3366 filed for judicial or administrative relief from such Administrative Charges or Penalties ; or 3367
29.01.5 Contractor has defaulted by allowing any final judgment in an action to which 3368 Contractor is a party for the payment of money owed to City to stand against it unsatisfied and such default 3369 is not cured within thirty (30) calendar days of receipt of written notice by City to do so; or 3370
29.01.6 In the event that the monies due City is the subject of a judicial proceeding, 3371 Contractor will not be in default if the sum of money is bonded. All bonds must be in the form acceptable to 3372 the City Attorney; or 3373
29.01.7 Contractor has defaulted, by failing or refusing to perform or observe any of the 3374 terms, conditions , or covenants in this Agreement , including , but not limite d to, the maintenance of a 3375 performance bond in accordance with Article 26, or any of the rules and regulations promulgated by City 3376 pursuant thereto, or has wrongfully failed or refused to comply with the instructions of the Agreement 3377 Administrator relative thereto, and such default is not cured within thirty (30) calendar days of receipt of 3378 written notice by City to do so, or if by reason of the nature of such default, the same cannot be remedied 3379 within thirty (30) calendar days following receipt by Contractor of written demand from City to do so, 3380 Contractor fails to commence the remedy of such default within such thirty (30) calendar days following such 3381 written notice or having so commenced fails thereafter to continue with diligence the curing thereof (with 3382 Contractor having the burden of proof to demonstrate (a) that the default cannot be cured within thirty (30) 3383 calendar days, and (b) that it is proceeding with diligence to cure such default, and such default will be cured 3384 within a reasonable period of time). 3385
29.02 Effective Date. In the event of any of the events specified above, and except as otherwise 3386 provided in such subsections, or as provided in the event of any judicial order binding upon City , termination 3387 will be effective upon the date specified in City 's written notice to Contractor , and upon such date this 3388 Agreement will be deemed immediately terminated and upon such termination, except for payment of services 3389 rendered up to and including the date of termination, all liability of City under this Agreement to Contractor 3390
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will cease, and City will have the right to call the performance bond and will be free to negotiate with other 3391 contractors for the operation of interim and long-term Collection Services. Contractor must reimburse City for 3392 all direct and indirect costs of providing any interim Solid Waste Collection as a result of Contractor’s default 3393 in this Agreement. 3394
29.03 Termination Cumulative. City’s right to terminate this Agreement is cumulative to any other 3395 rights and remedies provided by law or by this Agreement. 3396
29.04 Survival of Certain Contractor Obligations . Notwithstanding the termination of this 3397 Agreement by Contractor or City, Contractor’s obligation to indemnify, defend , and hold City and City 3398 Indemnitees harmless as provided in this Agreement shall survive any termination of this Agreement. 3399 Article 30. Modifications to the Agreement 3400
30.01 City-Directed Change. City has the power to make changes in this Agreement to impose 3401 new rules and regulations on Contractor under this Agreement relative to the scope and methods of providing 3402 Collection Services, as may from time-to-time be necessary and desirable for the public welfare. The size of 3403 Collection Containers specified herein for Bundled Service are designed to meet the requirements of 3404 Applicable Law, inclusive of the State’s Recycling mandates, including AB 341, AB 1826, and SB 1383, and 3405 to be appropriate for the capabilities and capacities of available Materials Recovery Facilities and Organic 3406 Waste Processing Facilities at the start of this Agreement. City will give the Contractor notice of any proposed 3407 change, and the parties agree to meet and confer in good faith concerning those matters, and City agrees to 3408 adjust Maximum Service Rates to reasonably reflect additional costs borne by Contractor. When such 3409 modifications are made to this Agreement, City and Contractor will negotiate in good faith a reasonable and 3410 appropriate compensation adjustment for any increase or decrease in the services or other obligations 3411 required of Contractor due to any modification in the Agreement under this Article. City and Contractor will 3412 not unreasonably withhold agreement to such compensation adjustment. Should agreement between City 3413 and Contractor on compensation adjustment not be reached within six (6) months of the change request, or 3414 other period as agreed upon by both parties, City and Contractor agree to submit the compensation 3415 adjustment to binding arbitration as described in Section 30.03. 3416
30.02 Adjustments Due to Change in Law . In addition to and separate from the adjustments set 3417 forth in Section 6.03, Contractor may be entitled to an adjustment of the Maximum Service Rates as a result 3418 of a Change in Law, as set forth in Section 30.02.1. 3419
30.02.1 Change in Law Affecting Contractor’s Agreement Obligations. For a Change in Law 3420 that has a material effect on Contractor’s performance of services required pursuant to this Agreement, 3421 Contractor will be entitled to an equitable adjustment of the Service Rates as a result of the Change in Law. 3422 Upon Contractor providing written notice to City that a Change in Law has mater ially affected Contractor’s 3423 performance of services, City and Contractor will meet and confer to determine the impacts of the Change 3424 in Law on Contractor’s performance of services and costs associated with performance of the services, to 3425 determine the amount of adjustment to be made to the Maximum Service Rates. 3426
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30.03 Arbitration. Arbitration shall be conducted by a single arbitrator. If, within twenty (20) days 3427 from the receipt of a request to arbitrate (or such longer period mutually agreed to by the parties), the parties 3428 are unable to agree on an arbitrator, then a single arbitrator shall be appointed pursuant to the Commercial 3429 Arbitration Rules of the American Arbitration Association, which shall govern any arbitration requested under 3430 this provision. Each party shall bear its own costs and expenses of any arbitration. Each party shall pay one-3431 half of the costs of the arbitrator. 3432
Article 31. Legal Representation 3433
31.01 Acknowledgement. It is acknowledged that each party was, or had the opportunity to be, 3434 represented by counsel in the preparation of , and contributed equally to the terms and conditions of , this 3435 Agreement, and, accordingly, the rule that a contract will be interpreted strictly against the party preparing 3436 the same will not apply, due to the joint contributions of both parties. 3437 Article 32. Conflict of Interest 3438
32.01 Financial Interest. Contractor is unaware of any City employee or official that has a financial 3439 interest in Contractor’s business. During the Term of this Agreement and/or as a result of being awarded this 3440 Agreement, Contractor shall not offer, encourage, or accept any financial interest in Contractor’s business by 3441 any City employee or official. 3442
Article 33. Contractor's Personnel 3443
33.01 Personnel Requirements. Contractor shall assign only qualified personnel to perform all 3444 services required under this Agreement and shall be responsible for ensuring its employees comply with this 3445 Agreement and all Applicable Laws related to their employment and position . Contractor's employees, 3446 officers, agents, and subcontractors shall not identify themselves or in any way represent themselves as 3447 being employees or officials of City. City may request t he transfer of any employee of Contractor who 3448 materially violates any provision of this Agreement, or who is wanton, negligent, or discourteous in the 3449 performance of their duties under this Agreement. 3450
33.02 Agreement Manager . Contractor shall designate a qualifi ed employee to serve as its 3451 Agreement Manager and must provide the name of that person in writing to City within thirty (30) days prior 3452 to the Commencement Date of this Agreement , and annually by January 1 st of each subsequent Calendar 3453 Year of this Agreeme nt, and any other time the person in that position changes. The Agreement Manager 3454 must be available to the City through the use of telecommunications equipment at all times that Contractor is 3455 providing Solid Waste Collection in the Service Area. The Contract Manager must provide City with an 3456 emergency phone number where the Contract Manager can be reached outside of normal business hours. 3457
33.03 Service Supervisor. Contractor shall assign a qualified employee to serve as its Service 3458 Supervisor, to be in charge of the Collection Service within the Service Area and must provide the name of 3459 that person in writing to the Agreement Administrator on or before the Commencement Date, and thereafter 3460 annually before January 1st of each subsequent Calendar Year of the Term, and any other time Contractor 3461 changes the employee serving in that position changes. The Service Supervisor must be physically located 3462
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in the Service Area and available to the Agreement Administrator through the use of teleco mmunication 3463 equipment at all times that Contractor is providing Solid Waste Collection. In the event the Service Supervisor 3464 is unavailable due to illness or vacation, Contractor must designate a substitute acceptable to the City who 3465 shall be available and shall have the authority to act in the same capacity as the Service Supervisor. 3466
33.04 Key Operations Staff. Contractor shall identify a full-time Key Operations Staff, consisting 3467 at a minimum of: one (1) Operations Manager; one (1) Route Supervisor; one (1) Lead Mechanical 3468 Supervisor; and one (1) Service Recipient Service Supervisor 100% dedicated to the City. Each Key 3469 Operations Staff will provide the following to City Staff: email address, phone number, cell phone number , 3470 and office address. 3471
33.05 Sustainability/Compliance Staff. In accordance with Section 20.01, Contractor shall provide 3472 full-time Sustainability/Compliance Staff, whose primary duties are dedicated to the City. The services 3473 described in this Section are not effective until such time as the City and Contractor agree to a City -Directed 3474 Change per Section 30.01. 3475
33.06 Field Personnel. Contractor’s field operations personnel are required to wear a clean 3476 uniform shirt bearing Contractor’s name. Contractor’s employees who normally come into direct contact with 3477 the public, including drivers, must bear some means of individual photographic identification, such as a name 3478 tag or identification card. Each driver of a Collection vehicle must at all times carry a valid California driver's 3479 license and all other required licenses for the type of vehicle that is being operated. 3480
33.07 Labor Certifications. Contractor certifies: (i) it is aware of the provisions of Section 3700 of 3481 the California Labor Code that require every employer to be insured against liability for Workers' 3482 Compensation or to undertake self -insurance in accordance with the provisions of that Code; (ii) in the 3483 performance of the Services, Contractor shall not, in any manner, employ any person or contract with any 3484 person such that any part of this Agreement is performed by such a person as would be subject to the workers' 3485 compensation laws of the State of California unless and until Contractor gives City a certificate of consent to 3486 self-insure or a certificate of Workers' Compensation Insurance Coverage; and (ii i) in the event Contractor 3487 hires any subcontractor who has employees to perform any part thereof, then Contractor shall either require 3488 the subcontractor to obtain Workers' Compensation Insurance Coverage, or must obtain Workers' 3489 Compensation Insurance Coverage for the subcontractor's employees. Before commencing performance 3490 under this Agreement, Contractor shall provide to the City evidence of any Workers' Compensation Insurance 3491 Coverage required by or for this Agreement, and all such coverage shall be endorsed with a waiver of 3492 subrogation in favor of City for all work performed by Contractor , its employees, its agents, and its 3493 subcontractors. 3494
33.08 Subcontractors. Contractor shall not subcontract any portion of this Agreement without the 3495 prior written approval of the City Manager. Contractor is fully responsible to City for the performance of any 3496 and all subcontractors, if any, and shall require any subcontractors to maintain all applicable F ederal, state, 3497 and local licenses required for the work they are assigned to perform. Contractor shall require any 3498 subcontractors performing work in the City to enter into a written contract that requires such subcontractors 3499 to agree they are independent contractors and have no other agency relationship with City. 3500
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Article 34. Exempt Waste 3501
34.01 Contractor is not required to Collect or Dispose of Exempt Waste but may offer such 3502 services. All such Collection and Disposal of Exempt Waste is not regulated under this Agreement, but if 3503 provided by Contractor must be in strict compliance with all Applicable Laws. 3504 Article 35. Independent Contractor 3505
35.01 In the performance of services pursuant to this Agreement, Contractor is an independent 3506 contractor and not an officer, agent, servant , or employee of City. Contractor will have exclusive control of 3507 the details of the services and work performed, and over all persons performing such services and work. 3508 Contractor is solely responsible for the acts and omissions of its officers, agents, employees, contractors, and 3509 subcontractors, if any. Neither Contractor nor its officers, employees, agents, contractors, or subcontractors 3510 will obtain any right to retirement benefits, Workers Compensation benefits , or any other benefits which 3511 accrued to City employees, and Contractor expressly waives any claim to such benefits. 3512
35.02 Subcontractors. Contractor will require all subcontractors performing work in the City to 3513 enter into a contract containing the provisions s et forth in the preceding subsection, in which contract the 3514 subcontractor agrees that Contractor and subcontractor are independent contractors and have no other 3515 agency relationship with City. 3516
Article 36. Laws to Govern 3517
36.01 The laws of the State of California govern the rights, obligations, duties , and liabilities of 3518 City and Contractor under this Agreement, and governs the interpretation of this Agreement. 3519 Article 37. Consent to Jurisdiction 3520
37.01 The parties agree that any litigation between City and Contractor concerning or arising out 3521 of this Contract must be filed and maintained exclusively in the Superior Courts of Contra Costa County, State 3522 of California, or in the United States District Court for the Northern District of California to the fullest extent 3523 permissible by law. Each party consents to service of process in any manner authorized by California law. 3524 Article 38. Assignment 3525
38.01 No assignment of this Agreement or any right occurring under this Agreement may be 3526 made in whole or in part by Contractor without the expres s prior written consent of the City. City may not 3527 unreasonably withhold consent to any such proposed transfer or assignment. Any assignment of this 3528 Agreement made by Contractor without the express written consent of the City will be null and void and will 3529 be grounds for City to declare a default of this Agreement and immediately terminate this Agreement by giving 3530 written notice to Contractor, and upon the date of such notice this Agreement will be deemed immediately 3531 terminated, and upon such termination all liability of City under this Agreement to Contractor will cease, and 3532 City will have the right to call the performance bond and will be free to negotiate with other contractors for the 3533 services that are the subject of this Agreement. In the event of any assignment approved by City, the assignee 3534
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must fully assume all the liabilities of Contractor by way of an assignment and assumption agreement. The 3535 sale, assignment, transfer, or other disposition, on a cumulative basis, of fifty percent (50%) or more of the 3536 ownership interest in Contractor or twenty -five percent (25%) or more of the voting control of Contractor 3537 (whether Contractor is a corporation, limited liability company, partnership, joint venture or otherwise) shall 3538 constitute an assignment for purposes of this Agreement, requiring prior written consent of the City. Further, 3539 the involvement of Contractor or its assets in any transaction or series of transactions (by way of merger, 3540 sale, acquisition, financing, transfer, leveraged buyout , or otherwise), whether or not a formal assignment of 3541 this Agreement, which reduces Contractor’s assets or net worth by twenty-five percent (25%) or more, shall 3542 also constitute an assignment for purposes of this Agreement, also requiring prior written consent of the City. 3543 Transfers to affiliate companies of Contractor that have common ownership shall not be considered an 3544 assignment under the terms of this S ection. Upon notification to the City of any proposed assignment , 3545 Contractor shall provide to the City a payment of one hundred fifty thousand dollars ($150,000) for the City to 3546 perform its due diligence related to the requested assignment. 3547
38.02 The use of a subcontractor to perform services under this Agreement will not co nstitute 3548 delegation of Contractor’s duties if Contractor has received prior written authorization from the Agreement 3549 Administrator to subcontract such services and the Agreement Administrator has approved a subcontractor 3550 who will perform such services. Contractor will be responsible for directing the work of Contractor’s 3551 subcontractors, and any compensation due or payable to Contractor ’s subcontractor will be the sole 3552 responsibility of Contractor. The Agreement Administrator will have the right to require t he removal of any 3553 approved subcontractor for reasonable cause. 3554
Article 39. Compliance with Laws 3555
39.01 In the performance of this Contractor, Contractor must comply with all Applicable Laws, 3556 including, without limitation, the San Pablo Municipal Code. 3557
39.02 City shall provide written notice to Contractor of any planned amendment of the San Pablo 3558 Municipal Code that would substantially affect the performance of Contractor’s services pursuant to this 3559 Agreement. Such notice must be provided at least thirty (30) calendar days prior to the City Council’s approval 3560 of such an amendment. Any such amendment that would or does affect Contractor’s services hereunder shall 3561 trigger the requirements of Section 30.01 (City-Directed Change) and may trigger the requirements of Section 3562
30.02 (Change in Law) of this Agreement. 3563
Article 40. Permits and Licenses 3564
40.01 Contractor shall obtain, at its own expense, all permits and licenses required by law or 3565 ordinance, and shall maintain same in full force and effect throughout the Term of this Agreement. Contractor 3566 must provide proof of such permits, licenses, or approvals and must demonstrate compliance with the terms 3567 and conditions of such permits, licenses, and approvals upon the request of the Agreement Administrator. 3568
40.02 The Contractor must procure and maintain a valid City Business License throughout the 3569 Term of the Agreement. 3570
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Article 41. Ownership of Written Materials 3571
41.01 Contractor hereby grants City a non-exclusive license to all reports, documents, brochures, 3572 public education materials, and other similar written, printed, electronic, or photographic materials developed 3573 by Contractor at the request of City or as required under this Agreement and intended for public use, without 3574 limitation or restrictions on the use of such materials by City . Contractor may not use such materials that 3575 specifically reference City for other purposes without the prior written consent of the Agreement Administrator. 3576 This Article does not apply to content, ideas, or concepts described in such materials and does not apply to 3577 the format of such materials. 3578
Article 42. Waiver 3579
42.01 Waiver by City or Contractor of any breach for violation of any term, covenant, or condition 3580 of this Agreement will not be deemed to be a waiver of any other term, covenant , or condition or any 3581 subsequent breach for violation of the same or of any other term, covenant, or condition. The subsequent 3582 acceptance by City of any fee, tax, or any other monies which may become due from Contractor to City will 3583 not be deemed to be a waiver by City of any breach for violation of any term, covenant, or condition of this 3584 Agreement. 3585
Article 43. Prohibition Against Gifts 3586
43.01 Contractor represents that Contractor is familiar with City ’s prohibition against the 3587 acceptance of any gift by a City officer or designated employee. Contractor may not offer any City officer or 3588 designated employee any gifts prohibited by the City. 3589 Article 44. Point of Contact 3590
44.01 The day-to-day dealings between Contractor and City will be between Contractor and the 3591 Agreement Administrator. 3592
Article 45. Notices 3593
45.01 Except as provided in this Agreement, whenever either party desires to give notice to the 3594 other, it must be given by written notice addressed to the party for whom it is intended, at the place last 3595 specified, and to the place for giving of notice in compliance with the provisions of this Section. For the 3596 present, the parties designate the following as the respective persons and places for giving of notice: 3597 As to the City: 3598
________________ 3599
________________ 3600
________________ 3601
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As to the Contractor: 3602
________________ 3603
________________ 3604
________________ 3605
45.02 Notices given by personal delivery shall be effective immediately. Notices given by mail 3606 shall be deemed to have been delivered forty -eight (48) hours after having been deposited in the United 3607 States mail. Changes in the respective address to which such notice is to be directed may be made by written 3608 notice. 3609
45.03 Notice by City to Contractor of a Collection or other Service Recipient problem or complaint 3610 may be given to Contractor orally by telephone at Contractor’s local office with confirmation sent to Contractor 3611 through the Customer Service System by the end of the Workday. 3612 Article 46. Transition to Next Contractor 3613
46.01 In the event Contractor is not awarded an extension or new contract to continue to provide 3614 Solid Waste Collection following the expiration or early termination of this Agreement, Contractor will 3615 cooperate fully with City and any subsequent contractors to assure a smooth transition of services described 3616 in this Agreement. Such cooperation will include, but not be limit ed to, transfer of computer data and files; 3617 providing routing information, route maps, vehicle fleet information, and list of Service Recipients; providing 3618 a complete inventory of all Collection Containers ; providing adequate labor and equipment to complet e 3619 performance of all Solid Waste Collection required under this Agreement; taking reasonable actions 3620 necessary to transfer ownership of carts and bins, as appropriate, to City , including transporting such 3621 Containers to a location designated by the Agreement Administrator; coordinating Collection of Materials set 3622 out in new Containers if new Container s are provided for a subsequent Agreements ; and providing other 3623 reports and data required by this Agreement. 3624
Article 47. Contractor’s Records 3625
47.01 Contractor shall keep and preserve, during the Term of this Agreement, full, complete, and 3626 accurate financial and accounting records, pertaining to cash, billing, and disposal transactions for the 3627 franchise area, prepared on an accrual basis in accordance with generally accepted accounting principles. 3628 These records and reports are necessary for the City to properly administer and monitor the Agreement and 3629 to assist the City in meeting the requirements of the Act. The Contractor shall keep and preserve, during the 3630 Term of this Agreement, and for a period of not less than four (4) years following expiration or other 3631 termination hereof or for any longer period required by law, full, complete, and accurate records as indicated 3632 in the Agreement. 3633
47.02 Any records or documents required to be maintained pursuant to this Agreement must be 3634 made available for inspection or audit at any time during regular business hours, upon written request by the 3635 Agreement Administrator, the City Attorney, City Auditor, City Manager, or a designated representative of any 3636
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of these officers. Copies of such documents will be provided to City electronically, available to City for 3637 inspection at the local Contractor office, or available to City for insp ection at an alternate site if mutually 3638 agreed upon. 3639
47.02.1 Contractor acknowledges that City is legally obligated to comply with the California 3640 Public Records Act (“CPRA”). City acknowledges that Contractor may consider certain records, reports, or 3641 information contained therein (“Records”) which Contractor is required to provide to City under this 3642 Agreement to be of a proprietary or confidential nature. In such instances, Contractor will inform City in 3643 writing of which records are considered propriety or confidential and shall identify the statutory exceptions 3644 to disclosure provided under the CPRA that legally permit non- disclosure of the Records. At such time as 3645 City receives a request for records under the CPRA or Federal Freedom of Information Act (“FOIA”), or a 3646 subpoena or other court order requesting disclosure of the Records, City will notify Contractor of the request, 3647 subpoena, or order and of City’s obligation and intent to provide a response within ten (10) calendar days. 3648 Contractor shall within five (5) calendar days either: (i) consent in writing to the disclosure of the Records; 3649 or (ii) seek and obtain, at Contractor ’s sole cost and expense, the order of a court of competent jurisdiction 3650 staying or enjoining the disclosure of the Records. If Contractor fails to respond within the timeframe 3651 stipulated, then City may proceed to disclosure the Records, in which event Contractor agrees, waives, and 3652 releases City of any liability for the disclosure of the Records. In the event Contractor seeks a court order to 3653 stay or enjoin the disclosure of the Records, Contractor agrees to indemnify, defend, and hold harmless the 3654 City, its Council, elected and appointed board or commission members, officers, employees, volunteers, and 3655 agents (collectively, "Indemnitees") from and against any and all loss, liability, penalty, forfeiture, claim, 3656 demand, action, proceeding, or suit in law or equity of any and every kind and description, whether judicial, 3657 quasi-judicial, or administrative in nature, arising or resulting from or in any way connected with the subject 3658 CPRA, FOIA request, or subpoena for the Records. This indemnity obligation shall survive the expiration or 3659 termination of this Agreement. 3660
47.03 Where City has reason to believe that such records or documents may be lost or discarded 3661 in the event of the dissolution, disbandment , or termination of Contractor’s business, City may, by written 3662 request or demand of any of the above-named officers, require that custody of the records be given to City 3663 and that the records and documents be maintained in City Hall. Access to such records and documents will 3664 be granted to any party authorized by Contractor, Contractor’s representatives, or Contractor’s successor-in-3665 interest. 3666
47.04 Failure to Keep and Preserve Records. The refusal of Contractor to keep and preserve any 3667 of the records required shall be deemed a material breach of this Agreement and shall subject Contractor to 3668 all remedies, legal or equitable, which are available to City under this Agreement or otherwise. 3669 Article 48. Entire Agreement 3670
48.01 This Agreement and the attached Exhibits constitute the entire Agreement and 3671 understanding between the parties, and the Agreement will not be considered modified, altered, changed, or 3672 amended in any respect unless in writing and signed by the parties. 3673
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Article 49. Severability 3674
49.01 If any provision of this Agreement or the application of it to any person or situation is to any 3675 extent held invalid or unenforceable, the remainder of this Agreement and the application of such provisions 3676 to persons or situations other than those as to which it is held invalid or unenforceable, will not be affected, 3677 will continue in full force and effect, and will be enforced to the fullest extent permitted by law. 3678 Article 50. Right to Require Performance 3679
50.01 The failure of City at any time to require performance by Contractor of any provision of this 3680 Agreement will in no way affect the right of City thereafter to enforce same. Nor will waiver by City of any 3681 breach of any provision of this Agreement be taken or held to be a waiver of any succeeding breach of such 3682 provision or as a waiver of any provision itself. 3683
Article 51. All Prior Agreements Superseded 3684
51.01 This Agreement incorporates and includes all prior negotiations, correspondence, 3685 conversations, agreements, and understandings applicable to the matters contained in this Agreement, and 3686 the parties agree that there are no commitments, agreements , or understandings concerning the subject 3687 matter of this Agreement that are not contained in this document. Accordingly, it is agreed that no deviation 3688 from the terms of this Agreement will be predicated upon any prior representations or agreements , whether 3689 oral or written. 3690
Article 52. Headings 3691
52.01 Headings in this document are for convenience of reference only and are not to be 3692 considered in any interpretation of this Agreement. 3693 Article 53. Exhibits 3694
53.01 Each Exhibit referred to in this Agreement forms an essential part of this Agreement. Each 3695 such Exhibit is a part of this Agreement , and each is incorporated by this reference. In the event of any 3696 conflicts between this Agreement and the Exhibits, then this Agreement shall take priority. 3697 Article 54. Attorney’s Fees 3698
54.01 If litigation is brought by a party in connection with this Agreement, the prevailing party will 3699 be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys’ fees, 3700 incurred by the prevailing party in the exercise of any of its rights or remedies under this Agreement or the 3701 enforcement of any of the terms, conditions, or provisions of this Agreement. 3702 Article 55. Commencement Date 3703
55.01 This Agreement will become effective when it is properly executed by City and Contractor, 3704 and Contractor will commence Solid Waste Collection under this Agreement as of July 1, 2025. 3705 3706
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IN WITNESS WHEREOF, City and Contractor have executed this Agreement on the respective 3707 date(s) below each signature. 3708
CITY OF SAN PABLO CONTRACTOR 3709
A General Law City 3710
By: ________________________ By: ________________________ 3711 3712
3713
Title: _______________________ By: _____________________________ 3714 President 3715
3716
ATTEST: ____________________ By: __________________________ 3717 City Clerk 3718
APPROVED AS TO FORM 3719
City Attorney _____________________________ 3720
Secretary 3721
By: _________________________ 3722
3723
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Exhibit 1 3724
Maximum Service Rates 3725
3726
Attachment 1
City of San Pablo
Proposer's Name:
Service Descriptions Billing Frequency 20-Gallon
Service Rate
32-Gallon
Service Rate
64-Gallon
Service Rate
96-Gallon
Service Rate
Standard Single-Family Automated Cart Service
(Trash, Recycling, Organic Waste) per month $30.18 $32.49 $62.15 $92.11 Low-Income Cart Service
(Trash, Recycling, Organic Waste) per month $25.18 $27.49 $57.15 $87.11 Additional Trash Cart each cart $30.18 $32.49 $62.15 $92.11 Additional Recycling Cart each cart $14.00 $14.00 $14.00 $14.00 Additional Organic Waste Cart each cart $14.00 $14.00 $14.00 $14.00 Restart of Service (Auto-Resume Fee) per occurrence $101.86 $101.86 $101.86 $101.86 Cart Delivery per occurrence $0.00 $0.00 $0.00 $0.00
Cart Removal per occurrence $0.00 $0.00 $0.00 $0.00
Cart Exchange (more than 1 time per calendar year, 10.05.5)per occurrence $55.62 $55.62 $55.62 $55.62 Residential Cart Replacement Fee (First occurrence is free)per occurrence $98.78 $98.78 $98.78 $98.78 Recycling Contamination per occurrence $44.83 $44.83 $44.83 $44.83 Organic Contamination per occurrence $44.83 $44.83 $44.83 $44.83 Additional Pickup per occurrence $17.29 $17.29 $34.58 $51.87 Carryout Fee each cart $13.64 $13.64 $13.64 $13.64
Return Trip per occurrence $51.70 $51.70 $51.70 $51.70
Overage Fee per occurrence $17.29 $17.29 $17.29 $17.29
Account History Report per occurrence $21.82 $21.82 $21.82 $21.82 Additional Bulky Pickup (rate include disposal)per occurrence $215.41 $215.41 $215.41 $215.41 SFD Trash (Note: Trash rate includes bundled rates that include 64-Gallon Recycling and 64-Gallon Organic Waste) Richmond Sanitary Service, Inc. d/b/a Republic Services Form K, Tab A: Single-Family Dwelling Maximum Service Rates Rate Schedule Effective 7/1/2025 (15-Year Term)
TAB A SFD Rates