Sebastopol City Council
April 18, 2023

CITY OF SEBASTOPOL

CITY COUNCIL

AGENDA ITEM
Meeting Date: April 18, 2023
To: Honorable Mayor and City Councilmembers
From: Larry, McLaughlin, City Manager
Toni Bertolero, Engineering Consultant
Subject: Recology Sonoma Marin Franchise Agreement
Recommendation: Direction to Staff Regarding the Expiring Franchise Agreement with Recology Sonoma Marin
Funding: Currently Budgeted: _______ Yes _______ No ___X___ N/A Account Code/Costs authorized in City Approved Budget (if applicable) __AK______ (verified by Administrative Services Department) INTRODUCTION/PURPOSE:

The item is to request Council direction regarding the Franchise Agreement with Recology Sonoma Marin (“Recology”). The agreement is set to expire on December 31, 2023.

BACKGROUND:

On December 16, 2008 the Council adopted Resolution 5723 and entered into a Franchise Agreement (Agreement) with a local solid waste collection and hauling firm, Redwood Empire Disposal, also known as “The Ratto Group”.

The Agreement covered solid waste, recyclable and compostable materials collection and streetsweeping services.

Subsequently, on September 19, 2017, the Council approved the assignment of the Agreement from Redwood Empire Disposal to Recology. The original Franchise Agreement was effective January 1, 2009 and is set to end by December 31, 2023. A copy of the Agreement can be found in Attachment 1.

The solid waste franchise holder is responsible for environmental compliance with multiple California state laws, most prominently including AB939, AB341, AB1826, and SB1383. These laws work together to decrease landfill waste and increase recovery of materials through recycling and composting. Recology has adhered to these state laws and provides tracking and reporting as well.

DISCUSSION:

The previous Council had indicated an interest in sending out Request for Proposals (RFPs) for a new solid waste franchise agreement. However, given the timing of preparing the RFP, sending to various companies, reviewing the proposals, selecting, and negotiating a contract for implementation by January 1, 2024, staff is requesting direction as to whether this is what the current Council would like to do. We have been informed that the RFP process timeline for both Santa Rosa and Windsor was approximately 15-16 months from the RFP posting date to the contract start date. Ultimately, Windsor selected Sonoma County Resource and Recovery and Santa Rosa selected Recology. Given that the City only has 8 months until the Agreement expires, there is not sufficient time to go through an RFP process.

Other local municipalities have recently entered into extensions or new agreements with Recology:
• Cloverdale, 15-year extension approved August 2022, agreement expires 2040 • Cotati, 5-year extension approved June 2022, agreement expires 2028 Agenda Item Number: 13 Agenda Item Number: 13
City Council Meeting Packet of: April 18, 2023

• Healdsburg, entered into a new 15-year agreement on January 2021, expires 2035 A list comparing the various hauling rates for nearby agencies is included in Attachment 3.

GOALS:

This action supports the following City Council Goals and General Plan Actions:
• COS 9-13: Continue the citywide recycling program, actively encourage recycling citywide, including the recycling/composting of food waste, and advocate for a regional composting facility. • COS 9-14: Continue efforts to reduce solid waste generation throughout the life of the General Plan.

ENVIRONMENTAL ANALYSIS:

The Recology Franchise Agreement is Categorically Exempt under CEQA, Section 15308. The City’s action assures the protection of the environment since the Agreement contains several regulatory mandates for complying with state law for the disposal of multiple waste streams in a manner that ensures the protection of the environment.

PUBLIC COMMENT:

As of the writing of this staff report, the City has received five (5) public comments and they can be found in Attachment 2. Staff anticipates receiving additional public comment from interested parties following the publication and distribution of this staff report. Such comments will be provided to the City Council as supplemental materials before or at the meeting. In addition, public comments may be offered during the public comment portion of the agenda item.

PUBLIC NOTICE:

This item was noticed in accordance with the Ralph M. Brown Act and was available for public viewing and review at least 72 hours prior to schedule meeting date.

FISCAL IMPACT:

There are no direct fiscal implications from the requested action on the City. The fiscal impacts to the City for SB 1383 costs are passed along directly to customers receiving service under the requirements of the new regulations. The garbage rates under the City’s Franchise Agreement with Recology Sonoma Marin were modified and approved by Council and became effective on July 1, 2022.

RECOMMENDATION:

Staff recommends the Sebastopol City Council discuss the Franchise Agreement with Recology Sonoma Marin, whose term expires on December 31, 2023, and direct staff to work with Recology on a new extension of the Franchise Agreement.

Attachment:
1 Franchise Agreement with Recology
2 Public Comments Received to Date (5)
3 Comparison List of Hauling Rates
Agenda Item Number: 13 Agenda Item Number: 13
City Council Meeting Packet of: April 18, 2023

COLLECTION SERVICES AGREEMENT

BETWEEN

THE CITY OF SEBASTOPOL
AND
REDWOOD EMPIRE DISPOSAL, INC.

FOR

SOLID WASTE, RECYCLABLE &

COMPOSTABLE MATERIALS COLLECTION
AND

STREET SWEEPING SERVICES
DECEMBER 5, 2008
Agenda Item Number: 13 Agenda Item Number: 13
City Council Meeting Packet of: April 18, 2023

TABLE OF CONTENTS
LIST OF EXHIBITS ....................................................................................................

ARTICLE 1. DEFINITIONS ...................................................................................

X
1 1.1 AGREEMENT ................................................................................................... 1

1.2 BILLINGS .......................................................................................................... 1

1.3 BIN(s) ................................................................................................................ 1

1.4 BIN SERVICE ................................................................................................... 1

1.5 BULKY ITEM .................................................................................................... 1

1.6 CART(s) ............................................................................................................ 1 L7 CART SERVICE ............................................................................................... 2

1.8 CITY .................................................................................................................. 2

1.9 COLLECTION ................................................................................................... 2

1.10 COMMERCIAL BUSINESS ............................................................................. 2

1.11 COMPACTOR ................................................................................................... 2

1.12 COMPLAINT ..................................................................................................... 2

1.13 COMPOSTABLE CONTAINER ...................................................................... 2

1.14 COMPOSTABLE MATERIALS ...................................................................... 2

1.15 COMPOSTING FACILITY ............................................................................... 3 1 .16 CONTRACTOR .................................................................................................. 3

1.17 CONSTRUCTION AND DEMOLITION DEBRIS (C&D DEBRIS) ............ 3

1.18 CURBSIDE ......................................................................................................... 3

1.19 DEBRIS Box .................................................................................................... 3

1.20 DELIVERY ........................................................................................................ 3

1.21 DESIGNATED WASTE .................................................................................... 3

1.22 DISPOSAL (OR DISPOSE) .............................................................................. 3

1.23 DISPOSAL SITES) .......................................................................................... 3

1.24 EXTRAS ............................................................................................................. 4

1.25 FRANCHISE FEE ............................................................................................... 4

1.26 GENERATOR ..................................................................................................... 4 ii City of Sebastopol
Agenda Item Number: 13 Agenda Item Number: 13
City Council Meeting Packet of: April 18, 2023

1.27GROSS REVENUES ....................................................................................................................................... 4

1.28HANDLING ..................................................................................................................................................... 4

1.29HAZARDOUS SUBSTANCE ......................................................................................................................... 4

1.30HAZARDOUS WASTE .................................................................................................................................. 5

1.31 HOUSEHOLD HAZARDOUS WASTE ........................................................................................................ 5

1.32INDUSTRIAL .................................................................................................................................................. 5

1.33 INFECTIOUS WASTE ....................................................................................................................................5

1.34LEGISLATION ................................................................................................................................................5

1.35 MULTI-FAMILY RESIDENTIAL COMPLEX ............................................................................................ 5

1.36OCCUPANT .................................................................................................................................................... 5

1.37OWNER ............................................................................................................................................................5

1.38PERSON .......................................................................................................................................................... 5

1.39PREMISES ....................................................................................................................................................... 6

1.40PROCESSING .................................................................................................................................................. 6

1.41 PROCESSING FACILITY ............................................................................................................................... 6

1.42RECYCLING CONTAINER. .......................................................................................................................... 6

1.43 RECYCLABLE MATERIALS (ALSO "RECYCLABLES") ........................................................................ 6

1.44RECYCLING ................................................................................................................................................... 6

1.45REFUSE ............................................................................................................................................................6

1.46ROLL-OFF/COMPACTOR REFUSE SERVICE ......................................................................................... 7

1.47ROLL-OFF CONTAINER ............................................................................................................................. 7

1.47 SINGLE-FAMILY RESIDENCE ................................................................................................................... 7

1.48 SMALL COMMERCIAL GENERATOR ....................................................................................................... 7

1.49 SOURCE SEPARATED CONSTRUCTION AND DEMOLITION (C&D) MATERIALS ....................... 7

1.50TEMPORARY DEBRIS Box SERVICE ......................................................................................................7

1.51 TERM ............................................................................................................................................................... 7

1.52TRANSFER STATION ....................................................................................................................................8

1.53 TRANSPORTATION ...................................................................................................................................... 8

1.54WHITE GOODS ............................................................................................................................................. 8 ARTICLE 2. REPRESENTATIONS AND WARRANTIES OF THE CONTRACTOR ............. 9

2.1 CORPORATE STATUS ................................................................................................................................. 9 iii City of Sebastopol
Agenda Item Number: 13 Agenda Item Number: 13
City Council Meeting Packet of: April 18, 2023

2.2 CORPORATE AUTHORIZATION (OR PARTNERSHIP, ASSOCIATION OR JOINT VENTURE AUTHORIZATION) ......................................................................................................................................................9

2.3 AGREEMENT WILL NOT CAUSE BREACH ............................................................................................ 9

2.4 No LITIGATION ............................................................................................................................................ 9

2.5 No ADVERSE JUDICIAL DECISIONS .......................................................................................................9

2.6 ABILITY TO PERFORM ..............................................................................................................................10 ARTICLE 3. TERM OF AGREEMENT ........................................................................................ 11

3.1 EFFECTIVE DATE ...................................................................................................................................... 11

3.2 CONDITIONS TO EFFECTIVENESS OF AGREEMENT ........................................................................ 11

3.2.1 Accuracy of Representations .......................................................................................... 11

3.2.2 Absence of Litigation ...................................................................................................... 11

3.2.3 Effectiveness of City Council Action ............................................................................... 11

3.3TERM ............................................................................................................................................................. 11

3.4 OPTION TO EXTEND TERM .................................................................................................................... 1 1 ARTICLE 4. SCOPE OF AGREEMENT ....................................................................................................... 12

4.1 SCOPE OF AGREEMENT ........................................................................................................................... 12

4.2 LIMITATIONS TO SCOPE .......................................................................................................................... 12 ARTICLE 5. COLLECTION SERVICES ..................................................................................... 14

5.1 GENERAL ..................................................................................................................................................... 14

5.2 REFUSE SERVICES ..................................................................................................................................... 14

5.2.1 Single-Family Residential Refuse Service ....................................................................... 14

5.2.2 Multi-Family Complex Refuse Service ............................................................................ 14

5.2.3 Commercial Refuse Service ............................................................................................ 14

5.3 RECYCLING SERVICES ............................................................................................................................ 15

5.3.1 Single-Family Residential Recycling Service ................................................................. 15

5.3.2 Multi-Family Complex Recycling Service ....................................................................... 15

5.3.3 Commercial Recycling Program .................................................................................... 15

5.4 COMPOSTABLE MATERIALS PROGRAM ............................................................................................. 16

5.4.1 Single-Family Residential Compostable Materials Program ......................................... 16 iv City of Sebastopol
Agenda Item Number: 13 Agenda Item Number: 13
City Council Meeting Packet of: April 18, 2023

5.5 USED MOTOR OIL COLLECTION PROGRAM .......................................

5.5.1 Single Family Residences ........................................................

5.5.1 Multi-Family Residences ......................................................... 16 16
I6

5.6 CHRISTMAS TREE DROPOFF .................................................................... 17

5.7 HOUSEHOLD ALKALINE BATTERY RECYCLING PROGRAM .......... 17

5.8 BULKY ITEM COLLECTION PROGRAM .................................................. 17

5.9 CLEAN UP BM SERVICE ........................................................................... 17

5.10 CITY FACILITIES ......................................................................................... 18

5.11 COLLECTION FROM CITY SPONSORED EVENTS ................................ 18

5.12 REMOVAL OF HAZARDOUS WASTE ...................................................... 18

5.13 TRANSPORTATION OF REFUSE, RECYCLABLE MATERIALS AND COMPOSTABLE MATERIALS ................................................................................................................. 18

5.14PROCESSING OF REFUSE, RECYCLABLE MATERIALS, AND COMPOSTABLE MATERIALS .. 18

5.15COLLECTION STANDARDS ..................................................................................................................... 19

5.15.1 Care of Private Property ................................................................................................ 19

5.15.2 Litter Abatement .............................................................................................................. 19

5.15.3 Hours of Collection ......................................................................................................... 19

5.15.4 Noise ............................................................................................................................... 19

5.15.5 Holiday Collection Schedule ........................................................................................... 19

5.16 VEHICLES .................................................................................................................................................... 20

5.16.1 General ........................................................................................................................... 20

5.16.2 Specifications .................................................................................................................. 20

5.16.3 Vehicle Identification ...................................................................................................... 20

5.16.4 Inventory ......................................................................................................................... 20

5.16.5 Cleaning and Maintenance ............................................................................................. 20

5.16.6 Operation ........................................................................................................................ 20

5.17 CONTAINERS ...............................................................................................................................................21

5.17.1 General ........................................................................................................................... 21

5.17.2 Refuse Cart Containers ................................................................................................... 21

5.17.3 Refuse Bin Containers ..................................................................................................... 22

5.17.4 Recycling Containers ...................................................................................................... 22 v City of Sebastopol
Agenda Item Number: 13 Agenda Item Number: 13
City Council Meeting Packet of: April 18, 2023

5.17.5 Compostable Materials Cart Service Containers ........................................................... 22

5.17.6 Repair and Replacement ................................................................................................. 23

5.18EDUCATION AND RECYCLING/RE-USE SUPPORT ................................................................23

5.18.1 New Customer Start Up Packet ...................................................................................... 23

5.18.2 Informational Newsletters ............................................................................................... 23

5.18.3 Ongoing Education and Outreach .................................................................................. 23

5.19PERSONNEL .........................................................................................................................24

5.19.1 General ........................................................................................................................... 24

5.19.2 Driver Qualifications ...................................................................................................... 24

5.19.3 Safety Training ................................................................................................................ 24

5.19.4 No Gratuities ................................................................................................................... 24

5.19.5 Employee Conduct and Courtesy .................................................................................... 25

5.19.6 Provision of Field Supervision ........................................................................................ 25

5.19.7 Customer Service/Billing Liaison ................................................................................... 25 ARTICLE 6. STREET SWEEPING SERVICES .......................................................................... 26

6.1 Street Sweeping Methodology ........................................................................................26

6.2 Street Sweeping Equipment ............................................................................................ 26

6.3 Operator Responsibilities ................................................................................................ 27 ARTICLE 7. OTHER RELATED SERVICES AND STANDARDS .......................................... 28

7.1 BILLING ...............................................................................................................................28

7.1.1 Charges and Rates .......................................................................................................... 28

7.1.2Production of Invoices .................................................................................................... 28

7.1.3Partial Month Service ..................................................................................................... 28

7.1.4 Past Due Accounts .......................................................................................................... 28

7.1.5 Annual Prepayment ......................................................................................................... 29

7.2 SERVICE RATE ELEMENTS .................................................................................................. 29

7.3 ADJUSTMENTS TO MAXIMUM COLLECTION SERVICE RATES ........................................... 29

7.3.1 Adjustment to Collection Component ............................................................................. 29

7.3.2RRI Adjustment ............................................................................................................... 29 vi City of Sebastopol
Agenda Item Number: 13 Agenda Item Number: 13
City Council Meeting Packet of: April 18, 2023

7.3.3 Adjustment to Disposal Component ....................................................................................... 30

7.3.4 Disposal Element rate Adjustments ........................................................................................... 31

7.3 ADJUSTMENTS TO MAXIMUM COLLECTION SERVICE RATES ...............................................31 ARTICLE 8. RECORDS ............................................................................................................................ 32

8.1 GENERAL ........................................................................................................................................ 32

8.1.1 Refuse Records .......................................................................................................................... 32

8.1.2 Recyclable Materials and Compostable Materials Collection Service Records ............. 33

8.1.3 Transfer and Disposal Records .............................................................................................. 33

8.2REPORTS ........................................................................................................................................ 33

8.2.1 General ...................................................................................................................................... 33

8.3 ANNUAL REPORTS ........................................................................................................................34

8.3.1 Annual Report Requirements .................................................................................................. 34

8.4 FINANCIAL INFORMATION ........................................................................................................... 34

8.5 DIVERSION PROGRAMS ................................................................................................................ 35

8.6 RIGHT TO INSPECT RECORDS ..................................................................................................... 35

8.7 INSPECTION BY CITY ................................................................................................................... 35

8.8 PUBLIC/CUSTOMER SERVICE AND ACCESSIBILITY ................................................................. 35

8.8.1 Office Location .......................................................................................................................... 35

8.8.2 Office Hours .............................................................................................................................. 35

8.8.3 Availability of Representatives .............................................................................................. 35

8.8.4 Telephone .................................................................................................................................. 36

8.9 TITLE TO REFUSE .......................................................................................................................... 36

8.10NON-DISCRIMINATION ................................................................................................................ 36

8.11 REPORT OF ACCUMULATION OF REFUSE; UNAUTHORIZED DUMPING .................................36 ARTICLE 9. FRANCHISE FEE, AB 939 AND OTHER FEES ..................................................... 36

9.1 FRANCHISE FEE ............................................................................................................................. 37

9.2 OTHER FEES ...................................................................................................................................37

9.3 ADJUSTMENT TO FEES ................................................................................................................. 37 ARTICLE 10. INDEMNITY, INSURANCE, FAITHFUL PERFORMANCE ............................. 38

10.1 AB 939 INDEMNIFICATION ..........................................................................................................38 vii City of Sebastopol
Agenda Item Number: 13 Agenda Item Number: 13
City Council Meeting Packet of: April 18, 2023

10.2 INSURANCE .......................................................................................................................................................38

10.2.1 Minimum Scope of Insurance .......................................................................................... 38

10.2.2 Minimum Limits of Insurance ........................................................................................ 38

10.2.3 Deductibles and Self-Insured Retentions ........................................................................ 38

10.2.4 Other Insurance Provisions ............................................................................................ 39

10.2.5 Acceptability of Insurers ................................................................................................ 39

10.2.6 Verification of Coverage ................................................................................................ 39

10.2.7 Required Endorsements ................................................................................................. 40 ARTICLE 11. DEFAULT AND REMEDIES ................................................................................................41

11.1 EVENTS OF DEFAULT ............................................................................................................................... 42

11.2RIGHT TO TERMINATE UPON DEFAULT ............................................................................................. 42

11.3 POSSESSION OF PROPERTY UPON TERMINATION ........................................................................... 42

11.4CITY'S REMEDIES CUMULATIVE; SPECIFIC PERFORMANCE ....................................................... 42

11.5 LIQUIDATED DAMAGES .......................................................................................................................... 43

11.6EXCUSE FROM PERFORMANCE .............................................................................................................43

11.7 RIGHT TO DEMAND ASSURANCES OF PERFORMANCE .................................................................. 44 ARTICLE 12. OTHER AGREEMENTS OF THE PARTIES ............................................................... 45

12.1 RELATIONSHIP OF PARTIES ................................................................................................................... 45

12.2COMPLIANCE WITH LAW ........................................................................................................................69

12.3 GOVERNING LAW ...................................................................................................................................... 45

12.4JURISDICTION ............................................................................................................................................. 45

12.5 GUARANTY OF CONTRACTOR'S PERFORMANCE ............................................................................ 45

12.6ASSIGNMENT .............................................................................................................................................. 45

12.7SUBCONTRACTING ....................................................................................................................................46

12.8 BINDING ON SUCCESSORS ..................................................................................................................... 46

12.9TRANSITION TO NEXT CONTRACTOR ................................................................................................. 46

12.10 PARTIES IN INTEREST ............................................................................................................................... 46

12.11 WAIVER ........................................................................................................................................................ 47

12.14 NOTICE ......................................................................................................................................................... 47

12.15 REPRESENTATIVES OF THE PARTIES .................................................................................................. 47 viii City of Sebastopol
Agenda Item Number: 13 Agenda Item Number: 13
City Council Meeting Packet of: April 18, 2023

LIST OF EXHIBITS
A City Service Locations
B Battery Bucket Locations
C City-Sponsored Events
D Recyclable Materials
E Contractor's Holiday List
F Street Sweeping Maps
G Refuse Rate Financial Statement Form
H Rate Schedule
I Bulky Item Rate Sheet
J. Vehiclelnventory
ix City of Sebastopol
Agenda Item Number: 13 Agenda Item Number: 13
City Council Meeting Packet of: April 18, 2023

1 ARTICLE 1.
2 DEFINITIONS
3 4 For purposes of this Agreement, unless a different meaning is clearly required, the 5 following terms shall have the following meanings and be capitalized throughout this 6Agreement:
7 1.1AGREEMENT
8 "Agreement" means this Collection Services Agreement between the City and 9 Contractor, for Collection and Transportation of Refuse and Compostable Materials to a 10 City designated Disposal Site or Composting Facility and Collection and Processing of 11 Recyclable Materials, including all exhibits, and any future amendments hereto. 121.2 BILLING
13 "Billing" means any and all statements of charges for services rendered, 14 howsoever made, described or designated by City or Contractor, to Owners or Occupants 15 of property, including residential property and commercial, Industrial, and institutional 16 property, serviced by Contractor for the Collection of Refuse, Recyclable Materials, and 17 Compostable Materials.
181.3 BIN(S)
19 "Bin(s)" means a metal container with hinged lids and wheels serviced by a front20 end loading truck with a capacity of 1 to 6 cubic yards. 21 1.4BIN SERVICE
22 "Bin Service" means that service provided to Commercial Businesses, Multi23 Family Complexes, or Single-Family Residences generating large volumes of Refuse 24 and which place that Refuse in a Bin or Bins.
25 1.5BULKY ITEM
26 "Bulky Item" means unwanted household appliances, furniture, tires, carpet, 27 mattresses, and similar large items, which require special Handling due to their size, but 28 can be collected without the assistance of special loading equipment (such as forklifts or 29 cranes) and without violating vehicle load limits. It does not include abandoned 30automobiles.
31 1.6 CART(S)
32 "Cart(s)" means a City-approved plastic container with a hinged lid and wheels 33 serviced by an automated or semi-automated loading truck with varying capacities of 34 twenty (20), thirty (30), sixty (60), or ninety (90) gallons or their equivalents. 35 1.7 CART SERVICE
36 "Cart Service" means that service provided to Single-Family Residences, Multi37 Family Residential Complexes, and Commercial Businesses which places Refuse and/or 38 Recyclable Materials and/or Compostable Materials in Carts.

City of Sebastopol Collection Services Agreement December 5, 2008 1 Agenda Item Number: 13 Agenda Item Number: 13
City Council Meeting Packet of: April 18, 2023

11.8 CITY
2 "City" means the City of Sebastopol, a municipal corporation, and all the territory 3 lying within the municipal boundaries of the City as presently existing or as such 4 boundaries may be modified during the Tenn.
5 1.9 CLEAN UP BIN
6 "Clean up Bin(s)" means a metal container with hinged lids and wheels serviced 7 by a front-end loading truck with a capacity of 1 to 6 cubic yards provided on a 8 temporary basis to any Generator requiring additional service on a temporary basis to 9 facilitate a clea up or special event.
101.10 COLLECTION
11 "Collection" means the removal and transportation of Refuse from the place 12 where it was generated to a Disposal Site and/or the removal and Transportation of 13 Recyclable or Compostable Materials from the place where they were generated to a 14 Processing Facility.
15 1.11 COMMERCIAL BUSINESS
16 "Commercial Business" means any business property upon which business 17 activity is conducted, including but not limited to retail sales, services, wholesale 18 operations, manufacturing and Industrial operations, but excluding businesses conducted 19 upon residential property which are permitted under applicable zoning regulations and 20 are not the primary use of the property.
211.12 COMPACTOR
22 "Compactor" means a mechanical apparatus that compresses materials. 23 Compactors include but are not limited to 2- to 4-yard Bin Compactors serviced by 24 front-end loader trucks and 6- to 40-yard Debris Boxes serviced by roll-off trucks. 251.13 COMPLAINT
26 "Complaint" means written or orally communicated statements made by 27 members of the public, customers of the Contractor, or officers, employees or agents of 28 City alleging non-performance or deficiencies in performance of Contractor's duties and 29 obligations under this Agreement, or otherwise alleging a violation by Contractor of the 30 provisions of this Agreement.
31 1.14 COMPOSTABLE CONTAINER
32 "Compostable Container" means a Cart or Bin used by a Generator to store and 33 contain Compostable Materials Collection from a designated location. 34 1.15 COMPOSTABLE MATERIALS
35 "Compostable Materials" means grass cuttings, weeds, leaves, prunings, 36 branches, dead plants, brush, tree trimmings, and dead trees that may not exceed six (6) 37 inches in diameter and four (4) feet in length.
38 means materials that will decompose and/or putrefy. Compostable Materials may 39 include vegetable waste, fruit waste, grain waste, non-recyclable paper waste and yard 40 waste. Additional materials may be included upon mutual agreement.

City of Sebastopol Collection Services Agreement December 5, 2008 2 Agenda Item Number: 13 Agenda Item Number: 13
City Council Meeting Packet of: April 18, 2023

1 No discarded material shall be considered to be Compostable Materials, 2 however, unless it is separated from Refuse and Recyclable Materials. 3 1.16COMPOSTING FACILITY
4 "Composting Facility" means a facility designated by the City, which processes 5 Compostable Materials.
6 1.17CONTRACTOR
7 "Contractor" means Redwood Empire Disposal, Inc., a corporation organized and 8 operating under the laws of the State of California and its officers, directors, employees, 9 agents, companies and subcontractors.
10 1.18CONSTRUCTION AND DEMOLITION DEBRIS (C&D DEBRIS)
11 "Construction and Demolition Debris" means used or discarded construction 12 materials removed from residential, commercial, or Industrial Premises during the 13 construction or renovation of a structure. "Construction and Demolition Debris" may 14 include mixed components such as dirt, concrete, asphalt, and rebar, wood, roofing tile, 15 and concrete, or other such C&D materials.
16 1.19CURBSIDE (CURB)
17 "Curbside" means the location of a container for pickup, not more than five (5) 18 feet from the street curb. Where no street curb exists, the location shall be within five (5) 19 feet from the outside edge of the street nearest the property's entrance. 20 1.20DEBRIS Box
21 "Debris Box" means an open-top metal container serviced by a roll-off truck with 22 a capacity of 6 to 40 cubic yards.
23 1.21DELIVERY
24 "Delivery" means placement of Refuse, Recyclable Materials, or Compostable 25 Materials by a Generator in a container and at a location that is designated for 26Collection.
27 1.22DESIGNATED WASTE
28 "Designated Waste" means non-Hazardous Waste which may pose special 29 Disposal problems because of its potential to contaminate the environment and which 30 may be disposed of only in Class II Disposal Sites, or Class III Disposal Sites pursuant to 31 a variance issued by the California Department of Health Services. Designated Waste 32 consists of those substances classified as Designated Waste by the State of California, in 33 23 California Code of Regulations Section 2522.
34 1.23DISPOSAL (OR DISPOSE)
35 "Disposal (or Dispose)" means the final disposition of Refuse collected by the 36 Contractor at a Disposal Site designated by City.
37 1.24DISPOSAL SITE(S)
38 "Disposal Site(s)" means the facility or facilities designated by the City for the 39 Disposal of Refuse collected by the Contractor.

City of Sebastopol Collection Services Agreement December 5, 2008 3 Agenda Item Number: 13 Agenda Item Number: 13
City Council Meeting Packet of: April 18, 2023

1 1.25EXTRAS
2 "Extras" means services provided to customers in addition to their regular 3 service.Such services and their costs shall be approved by City in advance. A 4 temporary bin provided to a residential customer and extra bags of Refuse placed beside 5 multi-family carts are examples of Extras.
6 1.26FRANCHISE FEE
7 "Franchise Fee" means the fee paid by Contractor to City for the right to hold the 8 exclusive franchise and the use of the public rights of way granted by this Agreement. 9 1.27GENERATOR
10 "Generator" means any Person whose act or process produced Refuse, 11 Recyclable, or Compostable Materials.
12 1.28GROSS REVENUES
13 "Gross Revenues" means the total amount billed to customers by Contractor on 14 an accrual basis for a specified period of time for Refuse, Recyclable Materials, and 15 Compostable Materials services provided by Contractor. In this Agreement, Gross 16 Revenues are adjusted by subtracting bad debts for the specified period from Gross 17 Revenues to account for amounts included in Gross Revenues for a prior period, which 18 have been determined to be un-collectable in the specified period. 19 1.29HANDLING
20 "Handling" means Collection and Transportation of Refuse and Compostable 21 Materials to a City designated Disposal Site or Composting Facility and Collection and 22 Processing of Recyclable Materials.
23 1,30HAZARDOUS SUBSTANCE
24 "Hazardous Substance" means any of the following: (a) any substances defined, 25 regulated or listed (directly or by reference) as "Hazardous Substances," "hazardous 26 materials," "Hazardous Wastes," "toxic waste," "pollutant" or "toxic substances," or 27 similarly identified as hazardous to human health or the environment, in or pursuant to 28 (i) the Comprehensive Environmental Response, Compensation and Liability Act 29 (CERCLA) of 1980, 42 USC §9601 et seq. (CERCLA); (ii) the Hazardous Materials 30 Transportation Act, 49 USC §1802, et seq.; (iii) the Resource Conservation and 31 Recovery Act, 42 USC §6901 et seq.; (iv) the Clean Water Act, 33 USC §1251 et seq.; 32 (v) California Health and Safety Code §§25115-25117, 25249.8, 25281, and 25316; (vi) 33 the Clean Air Act, 42 USC §7901 et seq.; and (vii) California Water Code §13050; (b) 34 any amendments, rules or regulations promulgated thereunder to such enumerated 35 statutes or acts currently existing or hereafter enacted; and (c) any other hazardous or 36 toxic substance, material, chemical, waste or pollutant identified as hazardous or toxic or 37 regulated under any other applicable federal, state or local environmental laws currently 38existing or hereinafter enacted, including, without limitation, friable asbestos, 39 polychlorinated biphenyl's ("PCBs"), petroleum, natural gas and synthetic fuel products, 40 and by-products.

City of Sebastopol Collection Services Agreement December 5, 2008 4 Agenda Item Number: 13 Agenda Item Number: 13
City Council Meeting Packet of: April 18, 2023

1 1.31 HAZARDOUS WASTE
2 "Hazardous Waste" means all substances defined as Hazardous Waste, acutely 3 Hazardous Waste, or extremely Hazardous Waste by the State of California in Health 4 and Safety Code §25110.02, §25115, and §25117 or in the future amendments to or 5 recodifications of such statutes or identified and listed as Hazardous Waste by the U.S. 6 Environmental Protection Agency (EPA), pursuant to the Federal Resource Conservation 7 and Recovery Act (42 USC §6901 et seq.), all future amendments thereto, and all rules 8 and regulations promulgated thereunder.
9 1.32 HOUSEHOLD HAZARDOUS WASTE
10 "Household Hazardous Waste" means Hazardous Waste generated at residential 11 Premises within the City.
121.33 INDUSTRIAL
13 "Industrial" means manufacturing or technical productive enterprises. 14 1.34 INFECTIOUS WASTE
15 "Infectious Waste" means biomedical waste generated at hospitals, public or 16 private medical clinics, dental offices, research laboratories, pharmaceutical industries, 17 blood banks, mortuaries, veterinary facilities, and other similar establishments that are 18 identified in Health and Safety Code Section 25117.5. 191.35 LEGISLATION
20 "Legislation" means any code, ordinance, resolution, or any other formal 21 enactment of the governing body of the City, which now exists, or which may hereafter 22 be adopted which constitutes law or regulation governing the operation of the 23Contractor.
24 1.36 MULTI-FAMILY RESIDENTIAL COMPLEX
25 "Multi-Family Residential Complex" means any residential complex, other than a 26 Single-Family Residence, used for residential purposes, including but not limited to two 27 to six (2-6) unit complexes, apartment buildings, mobile home parks, condominiums, 28 and other residential complexes over six (6) units.
291.37 OCCUPANT
30 "Occupant" means the person who occupies Premises.
311.38 OWNER
32 "Owner" means the person with the legal right to the possession of land or 33 building.
341.39 PERSON
35 "Person" means any individual, firm, association, organization, partnership, 36 corporation, business trust, joint venture, the United States, the State of California, the 37 County of Sonoma, and special purpose districts.

City of Sebastopol Collection Services Agreement December 5, 2008 5 Agenda Item Number: 13 Agenda Item Number: 13
City Council Meeting Packet of: April 18, 2023

1 1.40 PREMISES
2 "Premises" means any land or building in the City where Refuse, Recyclable 3 Materials or Compostable Materials are generated or accumulated.

41.41 PROCESSING
5 "Processing" means to process, prepare, treat, or convert through some special 6 method.
7 1.42 PROCESSING FACILITY
8 "Processing Facility" means any plant or site used for the purpose of sorting, 9 cleansing, treating or reconstituting Recyclable Materials for the purpose of making such 10 material available for the market. Activities that may be undertaken at a Processing 11 Facility include but are not limited to Processing Recyclable Materials or Compostable 12materials.
13 1.43 RECYCLING CONTAINER
14 "Recycling Container" means City-approved Cart or Bin used to place 15 Recyclable Materials at a designated Collection location for Collection for the purpose 16 of Recycling.
17 1.44 RECYCLABLE MATERIALS (ALSO "RECYCLABLES")
18 "Recyclable Materials" means those discarded materials that the City Code 19 permits, directs and/or requires Generators to set out in Recycling Containers for 20 Collection for the purpose of Recycling. No discarded material shall be considered to be 21 Recyclable Materials, however, unless it is separated from Refuse and Compostable 22 Materials. Recyclable Materials may include newspaper, mixed paper, glass bottles and 23 jars, metal and aluminum cans, plastic household containers, corrugated cardboard and 24cardboard.
251.45 RECYCLING
26 "Recycling" means the process of sorting, cleansing, treating and reconstituting at 27 a Processing Facility those Recyclable Materials that would otherwise be disposed of at a 28 Disposal Site for the purpose of returning such materials to the economy in the form of 29 raw materials for new, re-used or reconstituted products. 30 311.46 REFUSE
32 "Refuse" means all putrescible and non-putrescible solid, semi-solid, and liquid 33 waste that the City Code requires Generators within the City to set out for Collection. 34 Refuse does not include:
35 (1)Hazardous Waste or Hazardous Substance;
36 (2)Infectious Waste;
37 (3)Abandoned automobiles;
38 (4)Unacceptable waste; or
39 (5)Radioactive waste.
40 City of Sebastopol Collection Services Agreement December 5, 2008 6 Agenda Item Number: 13 Agenda Item Number: 13
City Council Meeting Packet of: April 18, 2023

1 Refuse includes Recyclable Materials only when such materials are commingled 2 with Refuse and included for Collection in a Refuse container. Only discarded materials 3 shall be considered Refuse.
4 1.47ROLL-OFF/COMPACTOR REFUSE SERVICE
5 "Roll-Off/Compactor Refuse Service" means permanent or temporary service 6 provided by Contractor under this exclusive Agreement to any Generator requiring a 7Debris Box or Compactor for the Collection of Refuse, Segregated or Mixed 8 Construction and Demolition Debris, Compostable Materials, Bulky Items or Recyclable 9Materials.
10 1.48 ROLL-OFF CONTAINER
11 "Roll-Off Container" means permanent service provided to any Generator 12requiring a Debris Box or Compactor for the Collection of Refuse.Segregated 13 Recyclable Material
14 1.49"SEGREGATED RECYCLABLE MATERIAL"
15 "Segregated Recyclable Material" means those recyclable materials which have 16 been separated from all other Recyclable Materials to form one readily identifiable 17 category of materials by the person from whom they are being collected such as, but not 18 limited to cardboard, designated paper grades, steel cans and designated plastics. 19 1.50 SINGLE-FAMILY RESIDENCE
20 "Single-Family Residence" means a separate unit used for housing a single 21 family.
22 1.51SMALL COMMERCIAL GENERATOR
23 "Small Commercial Generator" means any Commercial Business, which 24 generates less than 90 gallons of Refuse per week.
25 1.52SOURCE SEPARATED CONSTRUCTION AND DEMOLITION (C&D) MATERIALS 26 "Source Separated C&D Materials" means C&D materials collected in individual 27 components such as but not limited to dirt, concrete, wood, asphalt, scrap metals, or 28 other such C&D materials.
29 1.53TEMPORARY DEBRIS Box SERVICE
30 "Temporary Debris Box Service" means temporary service provided at a job site 31 to any residential or commercial Generator requiring a Debris Box for the Collection of 32 Source Separated C&D Materials, Mixed C&D Materials, Compostable Materials, or 33 Segregated Recyclable Materials.
341.54 TERM
35 "Term" means the Term of this Agreement, as provided for in Article 3.

City of Sebastopol Collection Services Agreement December 5, 2008 7 Agenda Item Number: 13 Agenda Item Number: 13
City Council Meeting Packet of: April 18, 2023

1 1.55 TRANSPORTATION
2 "Transportation" means the act of transporting or state of being transported to a 3 specific Disposal Site, Composting Facility or other location designated by City. 4 1.56 WHITE GOODS
5 "White Goods" means discarded enamel household appliances of any 6 color, such as refrigerators, stoves, washer/dryers, water heaters, dishwashers, 7 etc., and similar items.
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 29
30 31
32 33
34 35
36 City of Sebastopol Collection Services Agreement December 5, 2008 8 Agenda Item Number: 13 Agenda Item Number: 13
City Council Meeting Packet of: April 18, 2023

1 ARTICLE 2.
2 REPRESENTATIONS AND
3 WARRANTIES OF THE
4 CONTRACTOR
5 6 2.1CORPORATE STATUS
7 Contractor is a corporation duly organized, validly existing and in good standing 8 under the laws of the State of California. It is qualified to transact business in the State 9 of California and has the power to own its properties and to carry on its business as now 10 owned and operated and as required by this Agreement. 11 2.2 CORPORATE AUTHORIZATION (OR PARTNERSHIP, ASSOCIATION OR JOINT 12 VENTURE AUTHORIZATION)
13 Contractor has the authority to enter into and perform its obligations under this 14 Agreement. The Board of Directors of Contractor (or the shareholders, if necessary) has 15 taken all actions required by law, its articles of incorporation, its bylaws, or otherwise, to 16 authorize the execution of this Agreement. The Person signing this Agreement on behalf 17 of Contractor has authority to do so.
18 2.3 AGREEMENT WILL NOT CAUSE BREACH
19 To the best of Contractor's knowledge, after reasonable investigation, neither the 20 execution or delivery of this Agreement, nor the performance of this Agreement by 21 Contractor: (i) conflicts with, violates, or results in a breach of any applicable law; or (ii) 22 conflicts with, violates or results in a breach of any term or condition of any judgment, 23 order or decree of any court, administrative agency or other governmental authority, or 24 any agreement or instrument to which Contractor is a party or by which Contractor or 25 any of its properties or assets are bound, or constitutes a default thereunder. 26 2.4No LITIGATION
27 To the best of Contractor's knowledge, after reasonable investigation, there is no 28 action, suit, proceeding or investigation, at law or in equity, before or by any court or 29 governmental authority, commission, board, agency or instrumentality decided, pending 30 or threatened against Contractor wherein an unfavorable decision, ruling or finding, in 31 any single case or in the aggregate, would materially adversely affect the performance by 32 Contractor of its obligations hereunder or which, in any way, would adversely affect the 33 validity or enforceability of this Agreement or which would have a material adverse 34 effect on the financial condition of Contractor or any surety guaranteeing Contractor's 35 performance under this Agreement, which has not been waived by the City in writing. 36 2.5 NO ADVERSE JUDICIAL DECISIONS
37 To the best of Contractor's knowledge, after reasonable investigation, there is no 38 judicial decision that affects the validity of this Agreement and may subject this 39 Agreement to legal challenge.
40 City of Sebastopol Collection Services Agreement December 5, 2008 9 Agenda Item Number: 13 Agenda Item Number: 13
City Council Meeting Packet of: April 18, 2023

1 2.6 ABILITY TO PERFORM
2 Contractor possesses the business, professional, and technical expertise to 3 manage, handle, treat, store and dispose of the Refuse, Recyclable, and Compostable 4 Materials, and possesses the equipment, facility, and employee resources required to 5 perform this Agreement.
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 29
30 31
32 33
34 35
36 37
38 39
40 41
City of Sebastopol Collection Services Agreement December 5, 2008 10 Agenda Item Number: 13 Agenda Item Number: 13
City Council Meeting Packet of: April 18, 2023

ARTICLE 3.
2 TERM OF AGREEMENT
3 4 3.1 EFFECTIVE DATE
5 The effective date of this Agreement shall be January 1st, 2009 ("Effective 6Date").
7 3.2 CONDITIONS TO EFFECTIVENESS OF AGREEMENT
8 The obligation of City to permit this Agreement to become effective and to 9 perform its undertakings provided for in this Agreement is subject to the satisfaction of 10 each and all of the conditions set out below, each of which may be waived in whole or in 11 part by City.
12 3.2.1 ACCURACY OF REPRESENTATIONS
13 The representations and warranties made in Article 2 of this Agreement are true 14 and correct on and as of the Effective Date.
15 3.2.2 ABSENCE OF LITIGATION
16 There is no litigation pending on the Effective Date in any court challenging the 17 award or execution of this Amendment or seeking to restrain or enjoin its performance. 18 3.2.3 EFFECTIVENESS OF CITY COUNCIL ACTION
19 The City's Resolution No. 5723, approving this Agreement, shall have become 20 effective pursuant to California law prior to the Effective Date. 213.3 TERM
22 The Term of this Agreement shall begin January 1St, 2009, and end at midnight 23 December 31, 2023, unless extended by City pursuant to Section 3.4. The term of this 24 Agreement shall supercede all previous agreements made between Contractor and the City. 25 3.4 OPTION TO EXTEND TERM
26 The City shall have the option to extend this Agreement, in periods of at least 27 twelve (12) months each, if the Contractor agrees to such an extension of the Agreement. 28 If the City elects to exercise the option, it shall give written notice of its election, 29 specifying the number of months by which it elects to extend the Term, to the 30 Contractor, one hundred eighty (180) days prior to the initial or extended termination 31 date. Contractor shall return a signed Letter Agreement to the City within 30 days of 32 such written notice by City for the extension to become effective. 33 34
35 City of Sebastopol Collection Services Agreement December 5, 2008 11 Agenda Item Number: 13 Agenda Item Number: 13
City Council Meeting Packet of: April 18, 2023

1 ARTICLE 4.
2 SCOPE OF AGREEMENT
3 4 4.1 SCOPE OF AGREEMENT
5 Subject to Article 4.2, the franchise granted to Contractor shall be exclusive for 6 Refuse, Recyclable Materials, Compostable Materials, including all Roll-Off Refuse 7 Service and Temporary Debris Box Service, Cleanup Bins, and Bulky Items Collection 8 in the City limits of the City of Sebastopol except where otherwise precluded by federal, 9 state, and local laws and regulations.
10 4.2 LIMITATIONS TO SCOPE
11 The franchise for the Collection and Transportation of Refuse and Compostable 12 Materials to a City designated Disposal Site or Composting Facility and Collection and 13 Processing of Recyclable Materials granted to Contractor shall be exclusive except as to 14 the following materials listed in this section. The City permits the operation of buy back 15 Recycling and re-use centers, and this Agreement shall allow business and residential 16 Generators to transport, donate and sell Recyclable Materials to such centers. The 17 Franchise granted the Contractor shall not preclude the categories of Recyclable 18 Materials or other materials listed below from being delivered to and collected and 19 transported by others provided that nothing in this Agreement is intended to or shall be 20 construed to excuse any Person from obtaining any authorization from City, which is 21 otherwise required by law:
22 A. Other recyclers shall maintain the right to collect Segregated Recyclable 23 Materials, to accept donated Recyclable Materials, and to pay the 24 Generator for Source Separated Recyclable Materials. Other recyclers 25 shall not be permitted to charge for these services. Segregated Recyclable 26 Materials set out for Collection by other recyclers shall contain no more 27 than 10 percent by weight or volume (whichever is less) Refuse 28 commingled in the materials to qualify for the exception under this 29 section. If Contractor can document that other recyclers are servicing 30 Collection containers that contain less than 90 percent source separated 31 Segregated Recyclable Materials or Compostable Materials, it shall report 32 the location and the name of the recycler to the City along with 33 Contractor's evidence of the violation of the exclusiveness of this 34 Agreement;
35 B. Recyclable Materials which are removed from any Premises by the 36 Generator and which are transported personally by the Owner or 37 Occupant of such Premises (or by his or her employees or a contractor); 38 C. Recyclable Materials, which are source separated at any Premises by the 39 Generator and donated to youth, civic, or charitable organizations; 40 D. Containers delivered for Recycling under the California Beverage 41 Container Recycling Litter Reduction Act, Section 14500, et seq., 42 California Public Resources Code;
City of Sebastopol Collection Services Agreement December 5, 2008 12 Agenda Item Number: 13 Agenda Item Number: 13
City Council Meeting Packet of: April 18, 2023

1 E. Compostable Materials removed from a Premises by a gardening, 2 landscaping, or tree-trimming contractor as an incidental part of a total 3 service offered by that contractor rather than as a hauling service, and for 4 no additional or separate fee, and if such contractor delivers the 5 Compostable Materials to a Compostable Container or Composting 6 Facility and does not dispose of the material as Refuse; 7 F. Animal waste and remains from slaughterhouse or butcher shops for use 8 as tallow;
9 G. By-products of sewage treatment, including sludge, sludge ash, grit and 10 screenings; and
11 H. Hazardous Waste, Infectious Waste, and Designated Waste, regardless of 12 its source.
13 14 This grant to Contractor of an exclusive right and privilege to collect and 15 transport Refuse and Compostable Materials and collect and process Recyclable 16 Materials shall be interpreted to be consistent with state and federal laws, now 17 and during the Term of the Agreement, and the scope of this exclusive right shall 18 be limited by applicable state and federal laws with regard to the matters 19 contained in this Agreement. In the event that future interpretations of current 20 law or new laws, regulations, interpretations or trends limit the ability of the City 21 to lawfully provide for the scope of services as specifically set forth herein, 22 Contractor agrees that the scope of the Agreement will be limited to those 23 services and materials which may be lawfully provided and that the City shall not 24 be responsible for any lost profits or losses claimed by Contractor to arise out of 25 limitations of the scope of the Agreement set forth herein. In such an event, it 26 shall be the responsibility of Contractor to minimize the financial impact to other 27 services being provided as much as possible.
28 29
30 31
32 33
34 35
36 37
38 39
40 City of Sebastopol Collection Services Agreement December 5, 2008 13 Agenda Item Number: 13 Agenda Item Number: 13
City Council Meeting Packet of: April 18, 2023

1 ARTICLE 5.
2 COLLECTION SERVICES

35.1 GENERAL
4 The work to be done by Contractor pursuant to this Agreement shall include the 5 furnishing of all labor, supervision, equipment, materials, supplies, and all other items 6 necessary to perform the services required. The enumeration and specification of 7 requirements for particular items of labor or equipment shall not relieve Contractor of 8 the duty to furnish all others, whether enumerated or not. 9 The work to be done by Contractor pursuant to this Agreement shall be 10 accomplished in a thorough and professional manner so that the residents and businesses 11 within the City are provided reliable, courteous and high-quality service at all times. 12 The enumeration and specification of requirements for particular aspects of service 13 quality shall not relieve Contractor of the duty of accomplishing all other aspects 14 whether they are enumerated elsewhere in the Agreement or not. 15 5.2 REFUSE SERVICES
16 5.2.1 SINGLE-FAMILY RESIDENTIAL REFUSE SERVICE
17 Contractor shall collect and transport all Refuse from Carts placed at the Curb of 18 Single-Family Residences once per week as scheduled. 19 5.2.2 MULTI-FAMILY COMPLEX REFUSE SERVICE
20 5.2.2.A MULTI-FAMILY REFUSE CART SERVICE
21 Contractor shall collect and transport to a Disposal Site, all Refuse 22 from Carts placed at the Curb by each Generator within a Multi-Family 23 Complex, not less than once per week as scheduled.
24 5.2.2.B MULTI-FAMILY REFUSE BIN SERVICE
25 Contractor shall collect and transport to a Disposal Site, all Refuse 26 from Bins, not less than once per week. Bin enclosures and access should 27 comply with Contractors guidelines.
28 5.2.3 COMMERCIAL REFUSE SERVICE
29 5.2.3.B COMMERCIAL REFUSE CART SERVICE
30 Contractor shall collect and transport to a Disposal Site all Refuse 31 from Carts placed at the Curb by each Generator, not less than once per 32 week.
33 5.2.3.A COMMERCIAL REFUSE BIN SERVICE
34 Contractor shall collect and transport to a Disposal Site all Refuse 35 from Bins not less than once per week. Bin enclosures and access should 36 comply with Contractors guidelines.

City of Sebastopol Collection Services Agreement December 5, 2008 14 Agenda Item Number: 13 Agenda Item Number: 13
City Council Meeting Packet of: April 18, 2023

1 5.3 RECYCLING SERVICES
2 Contractor shall collect Recyclable Materials as described in Exhibit D for 3 Single-Family Residences, Multi-Family Complexes, and Commercial Businesses. 4 Contractor shall instruct Single-Family Residences, Multi-Family Complexes 5 (individual residents and/or complex managers as appropriate), and Commercial 6 Businesses as to preparation of materials; the proper placement of Recycling Carts or 7 Bins. Repeated contamination of Recyclable Materials may result in additional charges 8 or the removal of Carts and/or Bins from the premises. 9 Contractor shall transport Recyclable Materials to a Processing Facility, process 10 and market the Recyclable Materials. The Recyclable Materials may not be disposed of 11 at a Disposal Site, Transfer Station, or any other location in lieu of Recycling the 12 material without the expressed written approval of the City, as specified in Article 4.4. 13 5.3.1 SINGLE-FAMILY RESIDENTIAL RECYCLING SERVICE
14 The Contractor shall provide weekly Recycling Collection service, which shall 15 correspond with the Single-Family Residential Refuse Collection day for each resident. 16 17 5.3.2 MULTI-FAMILY COMPLEX RECYCLING SERVICE
18 Recycling Collection service shall be provided to Multi-Family Complexes. 19 Contractor shall assist each complex by recommending the number and type of 20 containers needed to service the Multi-Family Complex. Contractor shall recommend the 21 most effective locations on site for placement of containers. Contractor shall provide 22 educational materials and signage to reduce contamination and shall offer educational 23 presentation to tenants upon request. Property manager or owner shall be responsible for 24 the initial distribution of educational materials to tenants. 25 Recycling Service shall be suspended if Contractor determines that Recycling 26 Bin is contaminated with items other than Recyclable Materials. Contractor shall notify 27 City of the suspension of Recycling Services. Recycling Service shall resume when 28 Contractor is assured that contamination of Recycling Bins is eliminated. 29 5.3.3 COMMERCIAL RECYCLING PROGRAM
30 Recycling Collection service shall be provided to Commercial Businesses. 31 Contractor shall assist each Commercial Business by recommending the number and 32 type of containers needed to service the Commercial Business. Contractor shall 33 recommend the most effective locations on site for placement of containers. Contractor 34 shall provide educational materials and signage to reduce contamination and shall offer 35 educational presentation to tenants upon request.
36 Recycling Service shall be suspended if Contractor determines that Recycling 37 Bin is contaminated with items other than Recyclable Materials. Contractor shall notify 38 City of the suspension of Recycling Services. Recycling Service shall resume when 39 Contractor is assured that contamination of Recycling Bins is eliminated.

City of Sebastopol Collection Services Agreement December 5, 2008 15 Agenda Item Number: 13 Agenda Item Number: 13
City Council Meeting Packet of: April 18, 2023

1 5.4 COMPOSTABLE MATERIALS PROGRAM
2 5.4.1 SINGLE-FAMILY RESIDENTIAL COMPOSTABLE MATERIALS PROGRAM 3 Contractor agrees to collect and deliver to a Composting Facility, 4 Compostable Materials collected from Compostable Containers placed at the 5 Curb by each Single-Family Residence. The Contractor shall provide scheduled 6 weekly Collection service, which shall correspond with the Single-Family 7 Residential Refuse Collection day.
8 The Compost Processing Facility may process the material as compost or 9 mix the material with bio-solids and process the material as compost. 10 Compostable Materials Service shall be suspended if Contractor determines that 11 Compostable Materials Containers is contaminated with items other than Compostable 12 Materials. Contractor. Compostable Materials Service shall resume when Contractor is 13 assured that contamination of Compostable Materials Containers is eliminated. 14 5.5 USED MOTOR OIL COLLECTION
15 5.5.1 SINGLE FAMILY RESIDENCES
16 The Contractor shall provide used motor oil collection for Single-Family 17 Residences as part of the Recyclable Materials Collection program. Residents 18 must call to sign up for this service and to obtain spill-safe containers from the 19 Contractor for the Collection of used motor oil and zip lock plastic bags for used 20 oil filters. Contractor shall collect used motor oil and used filters from Single21 Family Residences that are placed at the Curb. Residents must call to request 22 motor oil and filter collection pickup service to assure that drivers are alerted that 23 motor oil requires pick up. The Contractor shall provide replacement containers 24 and filter bags as requested to participants upon Collection of oil and/or filters. 25 5.5.2 MULTI- FAMILY RESIDENCES
26 The Contractor shall provide used oil collection to Multi-Family 27 Complexes as part of the Recyclable Materials Collection program. Upon request 28 by the property manager, property owner or HomeOwners Association, the 29 Contractor will distribute spill-safe containers for the Collection of used motor 30 oil and plastic bags for used oil filters. Contractor shall collect used motor oil and 31 used filters from Multi-Family Complexes at a location that is acceptable to the 32 Contractor, and Manager, Owner or Homeowner's Association. Contractor shall 33 provide replacement containers and filter bags to participants upon each 34 Collection of oil and/or filters. Residents of Multi-Family Complexes may not 35 order this service directly.
36 37 Contractor shall safely store oil and used filters collected at its facility, and 38 arrange for these materials to be properly recycled. Contractor shall provide used motor 39 oil and used filter recycling support through community outreach, educational materials, 40 and their web site.

City of Sebastopol Collection Services Agreement December 5, 2008 16 Agenda Item Number: 13 Agenda Item Number: 13
City Council Meeting Packet of: April 18, 2023

1 5.6 CHRISTMAS TREE DROPOFF
2 Contractor shall supply a Roll-Off Container, to be placed at a location 3 determined by the City, to provide a drop-off service for Christmas trees. The Roll-Off 4 Container shall be serviced on a regular basis and the surrounding area kept free of any 5 debris. Christmas trees shall be recycled in a manner to count as diversion by the 6 California Integrated Waste Management Board. Trees that are flocked and contain 7 tinsel or other decorations shall be collected separately for Disposal. The Debris Box 8 shall be delivered the following business day after Christmas and serviced until mid9 January or in cooperation with the Sonoma County Waste Management Agency Drop10 Off program. 11 Contractor shall notify service recipients in writing of the dates, time, and places 12 of Christmas Tree Collections. Information shall be included in the informational 13 newsletters, in a bill insert, or other reasonable means. 14 5.7 HOUSEHOLD ALKALINE BATTERY RECYCLING PROGRAM
15 Contractor shall provide collection services for City-sponsored Household 16 Alkaline Battery Recycling Program. Contractor shall collect recycled Household 17 Batteries from City locations identified in Exhibit B. City staff shall notify Contractor 18 when battery containers require pickup. Upon such notification, Contractor shall collect 19 and deliver batteries to a battery recycler or permitted hazardous waste facility. If 20 requested to do so, Contractor shall accommodate requests from City staff for routine 21 and/or more frequent pickups.
22 23 5.8 BULKY ITEM COLLECTION PROGRAM
24 Contractor shall provide Collection of Bulky Items from Residential, Multi25Family and Commercial Generators on a for-fee basis. Contractor shall charge 26 Generators the service rates established in the rate schedule and may be adjusted under 27 the terms of this Contract.
28 29 5.9 CLEAN UP BIN SERVICE
30 Contractor shall provide Clean Up Bin Service to any Generator on a for-fee 31 basis. Clean-Up Bins may be used for Generators requiring additional Collection service 32 on a temporary basis or for special events. Contractor shall charge Generators the service 33 rates established in the rate schedule and may be adjusted under the terms of this 34Contract.

City of Sebastopol Collection Services Agreement December 5, 2008 17 Agenda Item Number: 13 Agenda Item Number: 13
City Council Meeting Packet of: April 18, 2023

1 5.10CITY FACILITIES
2 Contractor collection of Refuse and Recyclable Materials to all City facilities 3 identified in Exhibit A. Contractor shall provide collection of Refuse disposed of in 4 City-owned cans located in the City as identified in Exhibit A. The size of the bin or cart 5 and the frequency of Collection shall be determined between the City and Contractor. 6 The services required by this section shall be provided at no charge to the City, but the 7 cost of providing such service shall be an allowable expense under Article 8. 8 5.11COLLECTION FROM CITY-SPONSORED EVENTS
9 Contractor shall collect Refuse and Recyclable Materials at City-sponsored 10 events identified in Exhibit C . The services required by this section shall be provided at 11 no charge to the City, but the cost of providing such service shall be an allowable 12 expense under Article 8.
13 5.12REMOVAL OF HAZARDOUS WASTE
14 If Contractor determines that material placed in any container for Collection is 15 Hazardous Waste, Designated Waste, Infectious Waste, or other material that may not 16 legally be disposed of at the Disposal Site or Processing Facility or presents a hazard to the 17 Contractor's employees, the Contractor shall have the right to refuse to accept such material. 18 The Generator shall be contacted by the Contractor and requested to arrange proper 19 Disposal. The Contractor shall notify the City of any such material left at any Premises for 20 14 days or more. If the material is delivered to the Disposal Site or a Processing Facility 21 before its presence is detected and the Generator cannot be identified or fails to remove the 22 material after being requested to do so, the Contractor shall arrange for its proper Disposal. 23 The Contractor shall make a good faith effort to recover the cost of Disposal from the 24 Generator, and the cost of this effort, as well as the cost of Disposal shall be chargeable to 25 the Generator. Upon prior notification to the City, the Contractor shall be entitled to include 26 the reasonable costs incurred under this section as an operating expense for purposes of 27 compensation under Article 8 and shall include all sums recovered by it from Generators as 28 "Other Income."
29 5.13TRANSPORTATION OF REFUSE, RECYCLABLE MATERIALS AND 30 COMPOSTABLE MATERIALS
31 Contractor shall provide for the transportion of all Refuse, Recyclable Materials 32 and Compostable Materials collected under this Agreement. Contractor shall maintain 33 accurate records of the quantities of Refuse, Recyclable Materials, and Compostable 34 Materials transported to the Disposal Site, Processing Facility, or Composting Facility of 35 customers within the City Limits of Sebastopol.
36 5.14PROCESSING OF REFUSE, RECYCLABLE MATERIALS, AND COMPOSTABLE 37 MATERIALS
38 The City reserves the right to 1), approve the Disposal Site(s) and Processing 39 Facilities selected by the Contractor and 2), to direct the Contractor to use alternative 40 Disposal Site(s) or Processing Facilities for disposal, recycling or composting of all 41 materials collected pursuant to this Agreement. If City redirects Refuse to an alternate 42 Disposal Site or Processing Facility, Payment for Services to Contractor shall be City of Sebastopol Collection Services Agreement December 5, 2008 18 Agenda Item Number: 13 Agenda Item Number: 13
City Council Meeting Packet of: April 18, 2023

1 adjusted for differences in the cost of Transportation, Disposal, and Processing of the 2material.
3 5.15 COLLECTION STANDARDS
4 5.15.1 CARE OF PRIVATE PROPERTY
5 Contractor shall use due care when collecting Refuse, Recyclable 6 Materials, and Compostable Materials Containers. Containers shall not be 7 thrown from trucks, roughly handled, damaged or broken. Containers shall be 8 returned to the Collection point in an upright position. 9 Contractor shall ensure that its employees close, and relock if applicable, 10 all gates opened by them in making Collections, unless otherwise directed by the 11 Generator.
12 Contractor will require a damage waiver to enter onto private property. 13 City shall refer Complaints about damage to private property to Contractor. 14 Contractor shall repair all damage to private property caused by its employees' 15 negligence or willful misconduct. Contractor may require residents on private 16 roads to place Carts at the public road or Curb for Collection. 17 5.15.2 LITTER ABATEMENT
18 A. Minimization of Spills. Contractor shall use due care to prevent Refuse, 19 Recyclable Materials, and Compostable Materials from being spilled or scattered 20 during the Collection or Transportation process. If any Refuse, Recyclable 21 Materials, or Compostable Materials are spilled during Collection, the Contractor 22 shall promptly clean up all spilled materials. Each Collection vehicle shall carry a 23 broom and shovel at all times for the purpose of cleaning litter. 24 B. Covering of Loads. Contractor shall cover all open Debris Boxes at pick25 up location prior to transport to the Disposal Site or Processing Facility. 26 5.15.3 HOURS OF COLLECTION
27 Scheduled Collection of Refuse, Recyclable Materials, and Compostable 28 Materials in residential areas may occur only between the hours of 6:00 a.m. and 29 6:00 p.m., and in commercial areas, only between the hours of 5:00 a.m. and 6:00 30 p.m. Commercial customers adjacent to residential structures or areas shall not 31 be serviced prior to 6:00 a.m.
32 5.15.4 NOISE
33 All Collection operations shall be conducted as quietly as possible and 34 shall conform to applicable federal, state, county and City noise level regulations. 35 5.15.5 HOLIDAY COLLECTION SCHEDULE
36 During the week of the holidays shown on Exhibit E, Collection shall be 37 delayed by one day following the holiday, except when the holiday falls on a 38 Saturday or Sunday. Contractor shall publish and distribute a holiday schedule in 39 an informational newsletter or billing insert to all Generators at least annually.

City of Sebastopol Collection Services Agreement December 5, 2008 19 Agenda Item Number: 13 Agenda Item Number: 13
City Council Meeting Packet of: April 18, 2023

1 5.16 VEHICLES
2 5.16.1 GENERAL
3 Contractor shall provide a fleet of Collection vehicles sufficient in number 4 and capacity to efficiently perform the work required by the Agreement in strict 5 accordance with its terms. Contractor shall have available sufficient back-up 6 vehicles for each type of Collection vehicle used (i.e., side loader, front loader, 7 and roll-off) to respond to Complaints and emergencies. 8 5.16.2 SPECIFICATIONS
9 All vehicles used by Contractor in providing collection services shall be 10 registered with the California Department of Motor Vehicles. All such vehicles 11 shall have watertight bodies designed to prevent leakage, spillage, or overflow. 12 Vehicles shall also be equipped with safety features that enable drivers to avoid 13 making contact with other vehicles, their passengers and/or pedestrians. 14 5.16.3 VEHICLE IDENTIFICATION
15 Contractor's name, local telephone number, and a unique vehicle 16 identification number for each vehicle shall be displayed on all vehicles. 17 5.16.4 INVENTORY
18 Contractor shall furnish sufficient equipment to provide all service 19 required under this Agreement. Contractor shall furnish the City a written 20 inventory of all vehicles, including Collection vehicles, used in providing 21 service, as part of the Annual Report. The inventory shall list all vehicles by 22 manufacturer and model year; all equipment by ID number, date of acquisition 23 and vehicle type.
24 The initial inventory of vehicles to be used to provide services under this 25 Agreement is attached as Exhibit J.
26 5.16.5 CLEANING AND MAINTENANCE
27 A. General. Contractor shall maintain all of its properties, facilities, and 28 equipment used in providing service under this Agreement in a safe, neat, clean, 29 and operable condition at all times.
30 B. Maintenance. Contractor shall: (i) inspect each vehicle daily to ensure 31 that all equipment is operating properly and vehicles that are not operating 32 properly shall be taken out of service until they are repaired and do operate 33 properly; and (ii) perform all scheduled maintenance functions in accordance 34 with the manufacturer's specifications and schedule. Contractor shall keep 35 accurate records of all vehicle maintenance, recorded according to date and 36 mileage, and shall make such records available to the City upon request. 37 C. Repairs. Contractor shall repair, or arrange for the repair of, all of its 38 vehicles and equipment for which repairs are needed because of accident, 39 breakdown, or any other cause so as to maintain all equipment in a safe and 40 operable condition. If an item of repair is covered by a warranty, Contractor shall 41 obtain warranty performance. Contractor shall maintain accurate records of 42 repair, which shall include the date/mileage, nature of repair, and the signature of City of Sebastopol Collection Services Agreement December 5, 2008 20 Agenda Item Number: 13 Agenda Item Number: 13
City Council Meeting Packet of: April 18, 2023

1 a maintenance supervisor that the repair has been properly performed, and shall 2 make such records available to the City upon request. 3 D. Storage. Contractor shall arrange to store all vehicles and other 4 equipment in safe and secure location(s) in accordance with City's applicable 5 zoning regulations.
6 5.16.6 OPERATION
7 Vehicles shall be operated in compliance with the California Vehicle 8 Code, and all applicable safety and local ordinances. Contractor shall not load 9 vehicles in excess of the manufacturer's recommendations or limitations imposed 10 by state or local weight restrictions on vehicles. Contractor shall have the right 11 to refuse unsafe loads and/or loads containing illegal materials. 125.17 CONTAINERS
13 5.17.1 GENERAL
14 All Carts, Bins, Roll-Off Containers and Compactors shall be provided to 15 customers as part of services provided by Contractor. 16 Upon termination of the Agreement, the City reserves the right to take 17 ownership of all Carts, Bins, Roll-Off Containers and Compactors, or to request 18 Contractor to remove some or all containers.
19 Contractor shall provide containers for collection of Refuse, Recyclable 20 Materials, and Compostable Materials, which shall be designed and constructed 21 to be watertight and prevent the leakage of liquids. All containers with a 22 capacity of one cubic yard or more shall meet applicable federal regulations on 23 Refuse Bin safety and be covered with attached lids. All Bins, Roll-Off 24 Containers and Compactors shall be painted standard colors and shall 25 prominently display the name and telephone number of the Contractor. 26 5.17.2 REFUSE CART CONTAINERS
27 5.17.2.A SINGLE FAMILY RESIDENTIAL REFUSE CART SERVICE 28 Contractor shall supply each Single Family Residence with a choice of 29 one (1) 20- 30-, 60-, or 90-gallon (or equivalent size) Cart for the Collection of 30 Refuse. Single-Family Residences may receive multiple Refuse Carts for an 31 additional fee.
32 Carts must be placed at the public Curbside for efficient Collection by driver. 33 5.17.2.B MULTI-FAMILY COMPLEX REFUSE CART SERVICE
34 Contractor shall supply each Multi-Family Residential Complex resident 35 with a choice of one (1) 20-, 30-, 60-, or 90-gallon (or equivalent size) Cart for 36 the Collection of Refuse. Multi-Family Residents may receive multiple Refuse 37 Carts for an additional fee. Multi-Family Residential Complex Generators using 38 Carts for collection of Refuse must place carts at the public Curbside or other 39 location convenient for efficient Collection by driver. 40 City of Sebastopol Collection Services Agreement December 5, 2008 21 Agenda Item Number: 13 Agenda Item Number: 13
City Council Meeting Packet of: April 18, 2023

1 5.17.2.0 SMALL COMMERCIAL GENERATOR CART SERVICE
2 Contractor shall supply each Small Commercial Generator with one (1) 3 30- 60-, 90-gallon Cart (or equivalent size) for the Collection of Refuse, upon 4 request. Small Commercial Generators may receive multiple Refuse Carts for an 5 additional fee. Commercial Generators using Carts for collection of Refuse must 6 place carts at the public Curbside or other location convenient for efficient 7 Collection by driver.
8 5.17.3 REFUSE BIN CONTAINERS
9 Contractor shall supply each Bin Service Generator with a choice of size (1 to 6 10 cubic yard) and number of Bins for the Collection of Refuse. Large quantity Generators 11 shall be offered the option of selecting a Roll-Off Container or Compactor for Collection 12 of Refuse.
13 5.17.4 RECYCLING CONTAINERS
14 5.17.4.A SINGLE-FAMILY RESIDENTIAL RECYCLING CART
15 SERVICE
16 Contractor shall supply each Single-Family Residence with a Cart 17 for the Collection of Single Stream Recyclable Materials. Carts must be 18 placed at the public Curbside for efficient Collection by driver. 19 5.17.4.B MULTI-FAMILY RESIDENTIAL COMPLEXES
20 RECYCLING CONTAINERS
21 Contractor shall supply each Multi-Family Residential Complex 22 with Recycling Service. Contractor shall work with the managers or 23 owners to determine the appropriate container type and service level for 24 each complex. Bin Service Generators shall have the option of size (1 to 6 25 yard Bins) and number of Bins for the Collection of Recyclable Materials. 26 Multi-Family Residential Complex Generators using Carts for 27 collection of Recyclable Materials must place carts at the public Curbside 28 for efficient Collection by driver.
29 5.17.4.0 COMMERCIAL RECYCLING CONTAINERS
30 Contractor shall supply each Commercial Business with 31 Recycling Service. Contractor shall work with the managers or owners to 32 determine the appropriate container type and service level for each 33 complex. Bin Service Generators shall have the option of size (1 to 6 yard 34 Bins) and number of Bins for the Collection of Recyclable Materials. 35 Commercial Business Generators using Carts for collection of 36 Recyclable Materials must place carts at the public Curbside for efficient 37 Collection by driver.
38 5.17.5 COMPOSTABLE MATERIALS CART SERVICE CONTAINERS 39 5.17.5.A SINGLE-FAMILY RESIDENTIALCOMPOSTABLE
40 MATERIALS CART SERVICE
City of Sebastopol Collection Services Agreement December 5, 2008 22 Agenda Item Number: 13 Agenda Item Number: 13
City Council Meeting Packet of: April 18, 2023

1 Contractor shall supply each Single-Family Residence with a 90- 2 gallon Cart (or equivalent size) for the Collection of Compostable 3 Materials. Carts must be placed at the public Curbside for efficient 4 Collection by driver.
5 5.17.6 CART REPAIR AND REPLACEMENT
6 Contractor shall replace, not more than once per year without charge, 7 containers that have been stolen or lost. Additional Carts shall be charged to the 8 Single-Family Residences and Multi-Family Residential Complex residents at a 9 rate approved by the City in writing.
10 11 5.18 PUBLIC EDUCATION
12 5.18.1 NEW CUSTOMER START-UP PACKET
13 Contractor shall provide an information packet for new customers. Contractor 14 shall provide, at a minimum, the following items in the packet to new customers:
15 • A letter providing a summary of services and contact information 16 • A "how to" brochure explaining the overall Recyclable and Compostable 17 Materials programs and the materials to be collected. 18 5.18.2 INFORMATIONAL NEWSLETTERS
19 Contractor shall publish and mail informational newsletters twice per year to 20 be mailed to all Generators. Newsletters will include information intended to 21 encourage recycling, source reduction, participation in recycling and greenwaste 22 programs and composting. Newsletters shall address issues affecting residential, 23 multifamily and commercial service as well as general articles and information 24 appropriate to all generators including items such as a discussion of AB 939 policy, 25 updates on the County's diversion achievements, hazardous waste disposal options 26 and other general articles of interest. Additional notices, bill inserts and 27 informational pieces shall be distributed as necessary. 28 29 Newsletters shall promote and advertise other features of the Agreement 30 including Christmas Tree recycling information, Holiday Collection Schedule, and 31 Curbside Used Oil Collection.
32 33 Newsletters will be made available to the City for review prior to distribution. 34 35 5.18.3 ONGOING EDUCATION AND OUTREACH
36 5.18.3A MULTI FAMILY COMPLEX EDUCATION
37 Multi-Family Complex customers will receive an annual bill insert or 38 other mailers describing solid waste and Recycling Service options. Multi-Family 39 Complex managers or owners may request Contractor conduct an on-site 40 evaluation to enhance recycling at no cost to the Multi Family Complex. 41 Contractor shall provide recycling educational materials to property 42 owners or managers for Multi-Family Complex tenants upon request.

City of Sebastopol Collection Services Agreement December 5, 2008 23 Agenda Item Number: 13 Agenda Item Number: 13
City Council Meeting Packet of: April 18, 2023

1 2 5.18.3B COMMERCIAL BUSINESS EDUCATION
3 Commercial Business customers will receive an annual bill insert 4 describing solid waste and Recycling service options. Commercial Business 5 managers or owners may request Contractor conduct an on-site evaluation to 6 enhance recycling at no cost to the Commercial Business. 7 Contractor shall provide recycling educational materials to Commercial 8 Business owners or managers upon request.
9 10 5.18.3C PUBLIC SCHOOL EDUCATION
11 Contractor shall visit each public school inside the City limits at least one 12 time per year and shall provide information to each school regarding the 13 availability of recycling education presentations by Contractor for classrooms 14 and school assemblies.
15 Upon request, Contractor shall work with students, teachers, 16 administrators and custodial staff at each school to facilitate and implement 17 effective collection and handling system to maximize recycling at each school 18 facility.
19 5.18.3D PUBLIC FAIRS
20 Contractor shall periodically staff informational tables at public events 21 within the City to stimulate and enhance recycling programs and provide waste 22 reduction information to the public.
23 5.19PERSONNEL
24 5.19.1 GENERAL
25 Contractor shall furnish such qualified drivers, mechanical, supervisory, 26 customer service, clerical, and other personnel as may be necessary to provide the 27 services required by this Agreement in a safe and efficient manner. 28 5.19.2 DRIVER QUALIFICATIONS
29 All drivers shall be trained and qualified in the operation of waste 30 Collection vehicles and must have in effect a valid license, of the appropriate 31 class, issued by the California Department of Motor Vehicles. 32 5.19.3 SAFETY TRAINING
33 Contractor shall provide suitable operational and safety training for all of 34 its employees who utilize or operate vehicles or equipment for Collection of 35 Refuse, Recyclable Materials, or Compostable Materials or who are otherwise 36 directly involved in such Collection. Contractor shall train its employees 37 involved in Collection to identify, and not to collect, Designated Waste, 38 Hazardous Waste, or Infectious Waste.
39 5.19.4 NO GRATUITIES
40 Contractor shall not permit its employees to demand or solicit, directly or 41 indirectly, any additional compensation or gratuity from members of the public City of Sebastopol Collection Services Agreement December 5, 2008 24 Agenda Item Number: 13 Agenda Item Number: 13
City Council Meeting Packet of: April 18, 2023

1 for the Collection of Refuse, Recyclable Materials, and Compostable Materials 2 under this Agreement.
3 5.19.5 EMPLOYEE CONDUCT AND COURTESY
4 Contractor shall use its best efforts to assure that all employees present a 5 neat appearance and conduct themselves in a courteous manner. 6 5.19.6 PROVISION OF FIELD SUPERVISION
7 Contractor shall designate at least one qualified employee as supervisor of 8 field operations.
9 5.19.7 CUSTOMER SERVICE/BILLING LIAISON
10 Contractor shall designate one (1) qualified employee to serve as 11 customer service/billing liaison to the City. The liaison will be available during 12 business hours to coordinate billing, customer service, and operational issues 13 with the City. The designated billing liaison shall be 14 I
15 Office Manager
16 PO Box 1916
17 Santa Rosa CA 95402
18 (707) 586-8266
19 (707) 586-5543
20 21
22 23
24 25
26 27
28 29
30 31
32 33
34 35
36 37
38 39
40 41
42 City of Sebastopol Collection Services Agreement December 5, 2008 25 Agenda Item Number: 13 Agenda Item Number: 13
City Council Meeting Packet of: April 18, 2023

1 ARTICLE 6.
2 STREET SWEEPING SERVICES
3 4 Contractor shall perform the following services for the City in an ongoing and 5 timely manner as is necessary to complete the specified work 6 7 6.1 STREET SWEEPING METHODOLOGY
8 Street cleaning for all curb miles identified within the City Limits shall be 9 performed consistent to industry standards as follows:
10 11 A. Contractor shall operate at a speed that will result in adequate cleaning of the 12 streets.
13 B. The Contractor shall operate the equipment per factory specifications to 14 clean a path consistent with the width of the sweeper, from the face of the 15 curb towards the center of the street including the flow line of the gutter, that 16 will result in adequate cleaning of the streets.
17 C. The Contractor shall sweep the City's commercial areas a minimum of twice 18 weekly and include one of the four residential areas per sweeping day to be 19 swept every other week.
20 D. The commercial areas shall be swept beginning at 4 am and be completed by 21 7:30 am at which time residential sweeping shall begin, to be completed by 4 22 2 pm.
23 E. All asphalt or concrete City streets, regardless of curb and gutter, shall be 24 swept in the normal sweeping schedule as specified by the City. 25 F. On streets without curb and gutter, contractor shall clean a path consistent 26 with the width of the sweeper that starts 6 inches to 12 inches for the edge of 27 the pavement and continues toward center of the street. 28 G. The Contractor may utilize fire hydrants for the purpose of filling the 29 sweeper with water, as specified by the City.
30 H. The Contractor may dump the street sweepings in the City's Public Works 31 yard, to be disposed of by the City, and may wash the street sweeper in the 32 Public Works yard.
33 34 6.2 STREET SWEEPING EQUIPMENT
35 A. The Contractor shall provide street sweeping equipment comparable to, or 36 better than, a TYMCO regenerative air sweeper, on a chassis, comparable to 37 or better than a Ford LN 700 powered by a 6.6 liter Ford diesel. 38 B. The Contractor shall maintain the vehicle in a sound andsafe operating 39 cndition, per factory specifications, in order to provide optimal performance 40 to the City.
41 C. Any deviation from the above specifications must be authorized in writing 42 from the City.
43 44
45 City of Sebastopol Collection Services Agreement December 5, 2008 26 Agenda Item Number: 13 Agenda Item Number: 13
City Council Meeting Packet of: April 18, 2023

1 6.3 OPERATOR RESPONSIBILITIES
2 A. The Contractor is responsible for pre and post vehicle inspections in order 3 to provide a safe environment to the operators and to residents. 4 B. The Contractor shall operate the street sweeper per factory specifications in 5 order to provide optimal performance to the City.
6 C. The Contractor shall sweep all routes established by the City and maintain 7 the existing schedule, unless otherwise directed by the City. 8 D. The Contractor shall be responsible for all missed streets, or for streets that 9 are not cleaned adequately with one pass of the sweeper, at no extra cost to 10 the City.
11 E. Additional sweeping shall be available in a timely manner upon City 12 request.
13 F.The Contractor shall provide the name and telephone number for the 14 Supervisor and Manager responsible for sweeping operations within the 15 City. Contractor is responsible for customer relations, and any and all 16 concerns shall be referred to the Contractor for mitigation. 17 G. The Contractor is responsible for submitting quarterly reports to the City 18 documenting sweeping miles, hours worked, any correspondence with the 19 public.
20 H. The City may terminate the street sweeping agreement based on any 21 complaint, breach or failure to perform, after the Contractor has been given 22 reasonable opportunity to remedy same.
23 I.The Contractor shall post the Sweeping Schedule on the Contractors website and 24 will provide copies to residents by mail upon request. 25 26
27 28
29 30
31 32
33 34
35 36
37 38
39 40
41 42
43 44
45 City of Sebastopol Collection Services Agreement December 5, 2008 27 Agenda Item Number: 13 Agenda Item Number: 13
City Council Meeting Packet of: April 18, 2023

ARTICLE 7.
2 OTHER RELATED SERVICES
3 AND STANDARDS
4 57.1 BILLING
6 CONTRACTOR shall be responsible for the billing and collection of payments from all 7 Generators in the City. CONTRACTOR shall not bill for Collection services rendered to 8 City service units identified in Exhibit A.
9 7.1.1 CHARGES AND RATES
10 The Contractor shall charge Service Recipients the service rates 11 established in the Rate Schedule which is attached to and included in this 12 Contract and as may be adjusted under the terms of this Contract. 13 7.1.2 PRODUCTION OF INVOICES. The CONTRACTOR shall produce an 14 invoice, in a form and format that is approved by the City, for services 15 received under this Contract no less than four times per year. 16 7.1.3 PARTIAL MONTH SERVICE. If, during a month, a Service Unit is added 17 toor deleted from CONTRACTOR'S Service Area, the
18 CONTRACTOR'S billing shall be pro-rated based on the weekly service 19 rate, which is the service rate established in the Rate Schedule divided by 20 four (4), times the number of actual weeks in the month that service was 21 provided to the Service Unit.
22 7.1.4 PAST DUE ACCOUNTS
23 Contractor shall utilize the following Collections Procedure for Past Due 24Accounts
25 1. Each past due account will receive at least one phone attempt between 90 and 26 120 days past due.
27 2. Each account with a 120 day past due balance will be sent a letter advising 28 they are past due and requiring payment within 30 days. 29 3. A second phone attempt will be made after mailing the 120 day notice. 30 4. 23 days later all accounts that still have a 120 day past due balance will be 31 sent a letter advising they are past due and requiring payment within 7 days. 32 5. A final phone attempt will be made on each past due account. 33 6. At 150 days, past due accounts will have received a minimum of three (3) 34 phone attempts and two (2) letters. At this time, service to these accounts 35 shall be stopped and the City notified of all stopped accounts. 36 7. Prior to stopping service a manual check of each account will be performed 37 to ensure there are no:
38 a.other active accounts at that address
39 b. active payment plans or arrangements
40 c. accounting or billing errors
City of Sebastopol Collection Services Agreement December 5, 2008 28 Agenda Item Number: 13 Agenda Item Number: 13
City Council Meeting Packet of: April 18, 2023

1 This process shall be repeated monthly. If there has been no 2 successful contact or resolution the account may be flagged for 3 transfer to an outside collection agency.
4 7.1.3 ANNUAL PRE-PAYMENT DISCOUNT. CONTRACTOR shall provide a 5 reduction to the Service Rates as established in Exhibit H for voluntary 6 advance payment for one (1) year of service with the twelfth (12th) month 7 of service provided at no charge in exchange for such advance payment 8 by SFD Service recipients.CONTRACTOR shall advertise the 9 availability of this payment option at least once per year to all SFD 10 subscribers.
11 12 7.2 SERVICE RATE ELEMENTS.
13 Collection Service Rates shall consist of some combination of the following elements: a 14 Collection Element, a Disposal Element, a Franchise Fee Element, and such other 15 elements as may be added by the City during the term of this Agreement. 16 17 7.3 ADJUSTMENTS TO MAXIMUM COLLECTION SERVICE RATES. 18 19 7.3.1 ADJUSTMENTS TO DISPOSAL COMPONENT. Using the Refuse Rate 20 Index (RRI). Beginning on July 1, 2009, and annually thereafter, 21 CONTRACTOR shall, subject to compliance with all provisions of this 22 Article, receive an annual adjustment in the Collection Components of the 23 following maximum service rates as set forth in Exhibit H to this Agreement:
24 7.3.1.A SFD Collection Service. All Collection Component lines of the 25 Collection Component in Exhibit H.
26 7.3.1.B MFD Collection Service. All Collection Component lines of the 27 Collection Component in Exhibit H.
28 7.3.1.0 Commercial Collection Service. All Collection Component lines 29 of the Collection Component in Exhibit H.
30 7.3.1.D Other Rates. All Collection Component lines of the Collection 31 Component, the Push Rates, and Other Rates listed in in Exhibit H. 32 7.3.1.E Large Item Collection Rates. All Collection Component lines of 33 the Collection Component in Exhibit I.
34 35 7.3.2 RRI ADJUSTMENT. Beginning on July 1, 2009, and annually thereafter 36 during the term of this Agreement, the Collection Component of the 37 maximum service rates set forth in Article 7.3.1 above shall be adjusted 38 by the RRI adjustment set forth below. In any year that the calculation of 39 the RRI results in a negative number, there shall be no adjustment of the 40 Collection Component. Instead the RRI number shall be the result of the 41 cumulative change in the RRI for the two year period prior and shall be 42 the RRI adjustment for that subsequent year.
43 44 7.3.2.A The RRI adjustment shall be the sum of the weighted percentage 45 change in the Annual Average of each RRI index number between the City of Sebastopol Collection Services Agreement December 5, 2008 29 Agenda Item Number: 13 Agenda Item Number: 13
City Council Meeting Packet of: April 18, 2023

1 base fiscal year, which shall be the prior preceding calendar year 2 ending December 31
st
and the preceding fiscal year ending December
3 31St as contained in the most recent release of the source documents 4 listed in Exhibit G, ("REFUSE RATE INDEX") which is attached to 5 and included in this Agreement. Therefore, the first Collection 6 Component rate adjustment will be based on the percentage changes 7 between the Annual Average of the RRI indices for the calendar year 8 ended December 31, 2007 and the Annual Average of the RRI indices 9 for the calendar year ended December 31, 2008. The RRI shall be 10 calculated using the RRI methodology included in Exhibit G. 11 12 7.3.3 ADJUSTMENTS TO DISPOSAL COMPONENT.
13 7.3.3.ASFD Collection Service. The maximum SFD Solid Waste Collection 14 Service Rate is based on the tipping fee per ton and the Residential 15 Disposal Generation Factor set forth in Exhibit FL
16 7.3.3.B Tip Fee Changes. Any approved change in the per ton tipping fees, 17 as set forth below, will result in a corresponding change in the 18 appropriate "Monthly Unit Disposal Rate" based on the following 19 formula:
20 (The new tipping fee x the "Residential Disposal Generation Factor"/ one 21 hundred percent (100%) minus the franchise fee percentage, (such 22 amount at the inception of this Agreement to be ninety percent (90%)), to 23 account for the change in the franchise fee applied to the disposal rate 24 element.
25 Will equal: the SFD Solid Waste Collection Service, "Monthly Unit 26 Disposal Rate".
27 7.3.3.CCommercial Collection Service. The maximum Commercial Solid 28 Waste Collection Service "Disposal Component Rate" is based on the 29 tipping fee per ton and the appropriate Conversion Factor set forth on 30 in Exhibit H. Any approved change in the per ton tipping fees will 31 result in a corresponding change in the "Disposal Component Rate" 32 for Commercial Collection Services as set forth in Exhibit H, based 33 on the following formulas:
34 7.3.3.C.1 Commercial Bin Rates
35 ((The appropriate "Conversion Factor"/2,000 pounds) x the new tipping 36 fee x the Bin size x the frequency of Collection) / one hundred percent 37 (100%) minus the franchise fee percentage, (such amount at the inception 38 of this Agreement to be ninety percent (90%)), to account for the 39 franchise fee applied to the disposal rate element.
40 Will equal: the Commercial Solid Waste Bin Collection Service 41 "Disposal Component Rate" for the appropriate Bin size and Collection 42 frequency.
43 44
45 46
City of Sebastopol Collection Services Agreement December 5, 2008 30 Agenda Item Number: 13 Agenda Item Number: 13
City Council Meeting Packet of: April 18, 2023

1 7.3.3.C.2 Commercial Cart Rates
2 The maximum Commercial Cart Solid Waste Collection Service Rate is 3 based on the tipping fee per ton and the Commercial Cart Disposal 4 Generation Factor set forth in Exhibit H.
5 7.3.3.D Tip Fee Changes. Any approved change in the per ton tipping fees, 6 as set forth below, will result in a corresponding change in the 7 appropriate "Monthly Unit Disposal Rate" based on the following 8 formula:
9 (The new tipping fee x the "Commercial Cart Disposal Generation 10 Factor"! one hundred percent (100%) minus the franchise fee percentage, 11 (such amount at the inception of this Agreement to be ninety percent 12 (90%)), to account for the change in the franchise fee applied to the 13 disposal rate element.
14 Will equal: the Commercial Cart Solid Waste Collection Service, 15 "Monthly Unit Disposal Rate".
16 17 7.3.4 DISPOSAL ELEMENT RATE ADJUSTMENTS. To be changed based on 18 changes in the tip fee at the Disposal Facility.
19 7.4 RATE ADJUSTMENT PERIOD By July 1st, 2009, and annually thereafter 20 during the remaining term of the contract, the Contractor shall notify City of 21 the RRI and Tipping Fee adjustments to the affected service rates. Rate 22 adjustments will be effective July 1st of each year and shall be reflected in the 23 next billing cycle. Any increase to rates shall be prorated over the course of 24 the billing year in such a manner to recover any incremental loss in revenue 25 due to the billing cycle.
26 27
28 29
30 31
32 33
34 35
36 37
City of Sebastopol Collection Services Agreement December 5, 2008 31 Agenda Item Number: 13 Agenda Item Number: 13
City Council Meeting Packet of: April 18, 2023

1 ARTICLE 8.
2 RECORDS
3 4 8.1GENERAL
5 Contractor shall maintain such accounting, statistical and other records related to 6 its performance under this Agreement as shall be necessary to develop the financial 7 statements and other reports required by this Agreement. Also, Contractor agrees to 8 conduct data collection, information and record keeping, and reporting activities needed 9 to comply with and to meet the reporting and program management needs of Contractor 10 and AB 939 and other federal and state and local laws and regulations and the 11 requirements of this Agreement. To the extent, such requirements are set out in this and 12 other articles of this Agreement, they shall not be considered limiting or necessarily 13 complete. In particular, this article is intended to only highlight the general nature of 14 records and reports and their minimum content and is not meant to comprehensively 15 define what the records and reports are to be and their content 16 Contractor shall maintain records required to conduct its operations, to support 17 requests it may make to City, and to respond to requests from City. Adequate record 18 security shall be maintained to preserve records from events that can be reasonably 19 anticipated such as a fire, theft, and earthquake. Electronically maintained data/records 20 shall be protected and backed up.
21 Contractor agrees that the accounting and other records of any and all companies 22 conducting operations addressed in the Agreement shall be provided or made available 23 to City and its agents and/or representatives during normal business hours. Contractor 24 shall allow and permit City or City representative to audit its accounting records and all 25 other records required by this Agreement, and to meet with Contractor personnel to 26 verify data. Contractor shall cooperate to the fullest extent with City during such an 27 audit process.
28 Unless otherwise herein required, Contractor shall retain all records and data 29 required to be maintained by this Agreement for at least five (5) years after the 30 expiration of this Agreement.
31 8.1.1 REFUSE RECORDS
32 Records shall be maintained by Contractor for City relating to:
33 A. Service recipient services.
34 B. Weight and volume by type (e.g., Refuse, Recyclable Materials, and 35 Compostable Materials). Where possible, information is to be separated among 36 Single-Family Residences, Multi-Family Complexes, and Commercial 37 Businesses
38 C. Routes.
39 D. Facilities, equipment and personnel used.
40 E. Facilities and equipment operations, maintenance and repair.

City of Sebastopol Collection Services Agreement December 5, 2008 32 Agenda Item Number: 13 Agenda Item Number: 13
City Council Meeting Packet of: April 18, 2023

1 F. Disposal and Processing Facility weight tickets for Refuse, Recyclable 2 Materials, and Compostable Materials. Residue will be allocated as a percent of 3 all materials processed by Contractor.
4 Contractor shall maintain records of all Refuse, Recyclable Materials, and 5 Compostable Materials collected in the City for the period of this Agreement 6 plus five (5) years after its termination. Records shall be in chronological and 7 organized form, and readily and easily interpreted. In the event City requests, 8 Contractor shall provide all records of all Refuse, Recyclable Materials, and 9 Compostable Materials to City within sixty (60) days of discontinuing service. 10 8.1.2 RECYCLABLE MATERIALS AND COMPOS TABLE MATERIALS 11 COLLECTION SERVICE RECORDS
12 Records shall be maintained by Contractor that relate to:
13 A. Recyclable Materials and Compostable Materials sales value; 14 B. Weight of material by type
15 8.1.3 TRANSFER AND DISPOSAL RECORDS
16 Contractor shall maintain records of transfer, Disposal and Processing of 17 all Refuse, Recyclable Materials, and Compostable Materials collected by 18 Contractor for the period of this Agreement plus five (5) years after its 19 termination. Records shall be in chronological and organized form and readily 20 and easily interpreted. In the event City requests, Contractor shall provide all 21 records of transfer and Disposal or Processing of all Refuse, Recyclable 22 Materials, and Compostable Materials collected by Contractor within thirty (30) 23 days of discontinuing service.
24 8.2REPORTS
25 8.2.1 GENERAL
26 Report Formats and Schedule. Records shall be maintained by Contractor 27 in forms and by methods that facilitate flexible use of data contained in them to 28 structure reports, as needed.
29 Contractor may propose report formats that are responsive to the 30 objectives and audiences for each report. The City shall approve the format of 31 each report. Contractor agrees to submit all reports in a format acceptable to the 32 City.
33 Annual reports shall be submitted no later than April 1St, after the close 34 of each fiscal year ending December 31 st
.
35 36 All reports shall be submitted to:
37 City of Sebastopol
38 Attention: City Manager
39 7120 Bodega Ave
40 Sebastopol, CA 95472
41 City of Sebastopol Collection Services Agreement December 5, 2008 33 Agenda Item Number: 13 Agenda Item Number: 13
City Council Meeting Packet of: April 18, 2023

1 8.3 ANNUAL REPORTS
2 8.3.1 ANNUAL REPORT REQUIREMENTS
3 Annual Reports are due on or before June 1st each year and shall be 4 presented by Contractor to show the following information:
5 A. Refuse Services. Provide total tonnage by Single-Family Residences 6 and Commercial Businesses. Where possible, tonnages for Multi-Family 7 Residential Complexes will be provided.
8 B. Recyclable Materials Services. Provide tonnage by Single-Family 9 Residences and Commercial Businesses. Where possible, tonnages for Multi10 Family Residential Complexes will be provided. 11 C. Recyclable Totals. Indicate by material type the total of recyclable 12 materials processed and sold.
13 D. Compostable Materials Service. Provide tonnage by Single-Family 14 Residences and Commercial Businesses. Where possible, tonnages for Multi15 Family Residential Complexes will be provided. 16 E. Christmas Tree Collection. Provide total tons diverted. 17 F. Summarize Annual Outreach Efforts
18 1) Describe materials distributed
19 2) Provide summary of Commercial Business and Multi-Family 20 Complexes contacted.
21 G. Pilot and New Programs. Describe any new or pilot programs initiated 22 during report year.
23 H. Summary Assessment. Provide a summary assessment of the overall 24 Refuse, Recyclable Materials, and Compostable Materials program from 25 Contractor's perspective relative to financial and physical status of program. 26 Highlight significant accomplishments and problems.
27 I. Equipment Inventory. The annual report shall include a complete 28 inventory of equipment used to provide all services. The inventory shall list all 29 vehicles by manufacturer and model year; all equipment by ID number, date of 30 acquisition and vehicle type.
31 Upon request, Contractor shall provide reports to the City Manager on program status. 32 As requested, biannual presentation shall be made to the City Council updating the City 33 on program status.
34 8.4FINANCIAL INFORMATION
35 On or before June
1st
after the close of each fiscal year ending December 31, 36 Contractor shall provide the City with an independent CPA statement of applicable cash 37 receipts for the purpose of verifying and reconciling the franchise fee paid to the City. 38 The financial statements and footnotes shall be prepared in accordance with 39 Generally Accepted Accounting Principles (GAAP) consistently applied and fairly 40 reflecting the results of operation and Contractor's financial condition.

City of Sebastopol Collection Services Agreement December 5, 2008 34 Agenda Item Number: 13 Agenda Item Number: 13
City Council Meeting Packet of: April 18, 2023

1 8.5DIVERSION PROGRAMS
2 Contractor shall build on the diversion, education and other required programs or 3 actions required by this Agreement, in order to meet the diversion requirements of the 4California Integrated Waste Management Act of 1989 (Act) (California Public 5 Resources Code Section 40000 et seq.).
6 8.6RIGHT TO INSPECT RECORDS
7 The City shall have the right to inspect or review the income tax returns, payroll 8 tax reports, specific documents or records required pursuant to this Agreement, or any 9 other similar records or reports of the Contractor that City Manager or City Council shall 10 deem, in their sole discretion, necessary to evaluate annual reports, rate review 11 applications provided for in this Agreement, and the Contractor's performance provided 12 for in this Agreement. City shall attempt to maintain the confidentiality of the records 13 and information provided in this paragraph, consistent with the necessity of supporting 14 any recommendations to the City Council. Should City receive a Public Records Act 15 request for this information, it shall notify Contractor and Contractor may take whatever 16 legal action may be available to it to prevent these documents and this information from 17 becoming public.
18 8.7INSPECTION BY CITY
19 The designated representatives of the City shall have the right to observe and 20 review Contractor operations and enter its place(s) of business for the purposes of such 21 observation and review at all reasonable hours with reasonable notice. 22 23 8.8 PUBLIC/CUSTOMER SERVICE AND ACCESSIBILITY
24 8.8.1OFFICE LOCATION
25 The Contractor shall maintain an office at 3400 Standish Avenue, Santa 26 Rosa, CA 95407 or such other location that is within the municipal limits of the 27 City as they may choose where payments may be made and shall be open during 28 normal business hours.
29 If the office is located outside of the City of Sebastopol, Contractor must 30 ensure that telephone calls to it from locations within the City are billed as "local 31 calls"
32 8.8.2 OFFICE HOURS
33 A representative of the Contractor shall be available from 8 a.m. to 5:30 34 p.m. Monday through Friday and from 8:00 a.m. to 3 p.m. on Saturdays to 35 communicate with the public in person and by telephone. A message machine 36 shall be available for residents to leave a message during non-business hours. 37 Calls shall be returned within twenty-four (24) hours, and messages left on 38 Saturday or Sunday shall be returned no later than the end of the next business 39 day. The office may be closed on Sundays, and designated holidays as described 40 in Exhibit E.

City of Sebastopol Collection Services Agreement December 5, 2008 35 Agenda Item Number: 13 Agenda Item Number: 13
City Council Meeting Packet of: April 18, 2023

1 8.8.3 TELEPHONE
2 Contractor shall install telephone equipment sufficient to handle the 3 volume of calls typically experienced on the busiest days 4 The Contractor shall handle all calls regarding services including, but not 5 limited to, billing, account set-up, missed pickups, Complaints, changes in 6 services, Bin repair, and other such service-related issues. 7 8 8.9 TITLE TO REFUSE
9 Once Refuse, Recyclable Materials, and/or Compostable Materials are placed in 10 containers and properly placed at the Collection location, ownership and the right to 11 possession shall transfer directly from the Generator to Contractor by operation of this 12 Agreement. Subject to Contractor's objective to meet the AB 939 diversion goals and 13 City's right to direct Contractor to process and dispose of Refuse at a particular licensed 14 site or to dispose of Refuse at a particular licensed Disposal Site, Contractor is hereby 15 granted the right to retain, recycle, process, dispose of, and otherwise use such Refuse, or 16 any part thereof, in any lawful fashion or for any lawful purpose desired by Contractor. 17 Subject to the provisions of this Agreement, Contractor shall have the right to retain any 18 benefit resulting from its right to retain, recycle, process, dispose of, or re-use the 19 Refuse, which it collects. Refuse, or any part thereof, which is deposited at a Disposal 20 Site, transformation site, Transfer Station, or Processing Facility shall become the 21 property of the Owner or operator of the facility, once deposited there by Contractor. 22 City may obtain ownership or possession of Refuse placed for Collection upon written 23 notice of its intent to do so; however, nothing in this Agreement shall be construed as 24 giving rise to any inference that City has such ownership or possession unless such 25 written notice has been given by City to Contractor. 268.10 NON-DISCRIMINATION
27 Contractor shall not discriminate in the provision of service or the employment 28 of persons engaged in performance of this Agreement on account of race, color, religion, 29 sex, age, physical handicap, or medical condition in violation of any applicable federal 30 or state law.
31 8.11 REPORT OF ACCUMULATION OF REFUSE; UNAUTHORIZED DUMPING 32 Contractor shall direct its drivers to note (1) the addresses of any Premises at 33 which they observe that Refuse, Recyclable Materials, and Compostable Materials is 34 accumulating and is not being delivered for Collection; and (2) the address, or other 35 location description, at which Refuse has been dumped in an apparently unauthorized 36 manner. Contractor shall deliver the address or description to City within five (5) 37 working days of such observation.

City of Sebastopol Collection Services Agreement December 5, 2008 36 Agenda Item Number: 13 Agenda Item Number: 13
City Council Meeting Packet of: April 18, 2023

1 ARTICLE 9
2 FRANCHISE FEE & OTHER FEES
3 4 9.1FRANCHISE FEE
5 In consideration of the rights provided Contractor herein, Contractor shall pay to 6 City ten (10) percent of Gross Revenues derived by Contractor from all services 7 provided in City under this Agreement. This fee may be adjusted by City by resolution. 8 Such adjustment shall be reflected in the rates that the Contractor charges and collects 9 from Generators.
10 9.2OTHER FEES
11 The City shall reserve the right to set "other" fees, as it deems necessary. The 12 amount, time and method of payment, and adjustment process will be set similar to 13 Section 7.1 above. This may include a pass-through to pay the City's share of the 14 Sonoma County Waste Management Agency Joint Powers Authority program fees 15 should they no longer be included in landfill tipping fees. 16 93ADJUSTMENT TO FEES
17 City may adjust the amount of the fees annually, if necessary, to recover its costs for 18 Refuse-related services and programs. Such adjustment shall be reflected in the rates 19 that the Contractor charges and collects from Generators. 20 21
22 23
24 25
26 27
28 29
30 31
32 33
34 35
36 37
38 City of Sebastopol Collection Services Agreement December 5, 2008 37 Agenda Item Number: 13 Agenda Item Number: 13
City Council Meeting Packet of: April 18, 2023

1 ARTICLE 10
2 INDEMNITY, INSURANCE,
3 FAITHFUL PERFORMANCE
4 5 10.1 AB 939 INDEMNIFICATION
6 Contractor shall, by implementing in a timely and effective manner, the 7 diversion, education and other required programs or actions required by this Agreement, 8 comply with the diversion requirements for Sebastopol of the California Integrated 9 Waste Management Act of 1989 (Act) (California Public Resources Code Section 40000 10 et seq.) to attain 50 percent diversion of Refuse from disposal into landfills by the end of 11 the year 2003. In addition to all other relief provided Contractor and City under this 12 Agreement, Contractor agrees to defend, indemnify, and hold harmless, the City Parties 13 from and against all fines and/or penalties imposed by the California Integrated Waste 14 Management Board for operations during the Term of this Agreement in the event the 15 source reduction and Recycling goals or any other requirement of the Act are not met by 16 the Contractor with respect to the waste stream collected under this Agreement and such 17 failure is due to the failure of Contractor to meet its obligations under this Agreement 18 and/or for delays in providing information that prevents Contractor or City from 19 submitting reports required by AB 939 in a timely manner. 20 10.2INSURANCE
21 10.2.1 MINIMUM SCOPE OF INSURANCE
22 Coverage shall be at least as broad as:
23 A. Insurance Services Office form number CG 0001 covering Commercial 24 General Liability or Comprehensive General Liability Insurance. 25 B. Insurance Services Office form number CA 0001 covering Automobile 26 Liability, code 1 "any auto" and endorsement form if applicable. 27 C. Workers' Compensation insurance as required by the Labor Code of the 28 State of California and Employer's Liability insurance. 29 10.2.2 MINIMUM LIMITS OF INSURANCE
30 Contractor shall maintain limits no less than:
31 A. Comprehensive General Liability: $5,000,000 combined single limit per 32 occurrence for bodily injury, personal injury and property damage. 33 B. Automobile Liability: $5,000,000 combined single limit per accident for 34 bodily injury and property damage.
35 C.Workers' Compensation and Employer's Liability:Workers' 36 Compensation limits of the statutory level required by the Labor Code of the 37 State of California and Employer's Liability limits of $1,000,000 per accident. 38 10.2.3 DEDUCTIBLES AND SELF-INSURED RETENTIONS
39 Any deductibles or self-insured retentions must be declared to and approved by 40 the City. At the option of the City, either (1) the insurer shall reduce or eliminate City of Sebastopol Collection Services Agreement December 5, 2008 38 Agenda Item Number: 13 Agenda Item Number: 13
City Council Meeting Packet of: April 18, 2023

1 such deductibles or self-insured retentions as respects the City, its officials, and 2 employees; or (2) the Contractor shall procure a bond guaranteeing payment of 3 losses and related investigations, claim administration, and defense expenses. 4 10.2.4 OTHER INSURANCE PROVISIONS
5 The policies are to contain, or be endorsed to contain, the following provisions:
6 A. General Liability and Automobile Liability Coverage 7 1) The City, its officials, employees, and volunteers are to be 8 covered as additional insureds as respects (1) liability arising out of 9 activities performed by or on behalf of the Contractor; (2) products and 10 completed operations of the Contractor; (3) Premises owned, leased or 11 used by the Contractor; or (4) automobiles owned, leased, hired or 12 borrowed by the Contractor. The coverage shall contain no special 13 limitations on the scope of protection afforded to the City, its officials, 14 employees, or volunteers.
15 2) The Contractor's insurance coverage shall be primary insurance as 16 respects the City, its officials, employees, and volunteers. Any insurance 17 or self-insurance maintained by the City, its officials, employees, or 18 volunteers shall be excess of the Contractor's insurance and shall not 19 contribute with it.
20 3) Any failure to comply with reporting provisions of the policies 21 shall not affect coverage provided to the City, its officials, employees, or 22 volunteers.
23 4) Coverage shall state that the Contractor's insurance shall apply 24 separately to each insured against whom claim is made or suit is brought, 25 except with respect to the limits of the insurer's liability. 26 B. All Coverages. Each insurance policy required by this clause shall be 27 endorsed to state that coverage shall not be suspended, voided, canceled 28 by either party, reduced in coverage or in limits, except after thirty (30) 29 days' prior written notice by certified mail, return receipt requested, has 30 been given to the City.
31 10.2.5 ACCEPTABILITY OF INSURERS
32 With the exception of Workers' Compensation Insurance covered by State Fund, 33 the insurance policies required by this section shall be issued by an insurance 34 company or companies authorized to do business in the State of California and 35 with a rating in the most recent edition of Best's Insurance Reports of size 36 category VII or larger and a rating classification of "A" or better. 37 10.2.6 VERIFICATION OF COVERAGE
38 Contractor shall furnish Contractor's insurance agent a copy of these 39 specifications and City approved endorsement, and direct the agent to provide the 40 City with certificates of insurance and with original endorsements affecting 41 coverage required by this clause. The endorsements shall be submitted to City on 42 forms provided by the City or on other forms that conform to the City's 43 requirements and are approved the City. Issuance of documentation indicates the City of Sebastopol Collection Services Agreement December 5, 2008 39 Agenda Item Number: 13 Agenda Item Number: 13
City Council Meeting Packet of: April 18, 2023

1 Contractor's insurance complies with these provisions. The certificates and 2 endorsements for each insurance policy are to be signed by a Person authorized 3 by that insurer to bind coverage on its behalf. The City reserves the right to 4 require complete, certified copies of all required insurance policies and 5 endorsements at any time.
6 10.2.7 REQUIRED ENDORSEMENTS
7 A. The Workers' Compensation policy shall contain an endorsement in 8 substantially the following form:
9 10 1) "Thirty (30) days' prior written notice shall be given to the City of 11 Sebastopol in the event of cancellation, reduction in coverage, or non12 renewal of this policy. Such notice shall be sent to:
13 City Manager
14 City of Sebastopol
15 7120 Bodega Ave
16 Sebastopol, CA 95472
17 18 B. The Commercial General Liability Business and Automobile Liability 19 policies shall contain endorsements in substantially the following form:
20 1) "Thirty (30) days' prior written notice shall be given to the City of 21 Sebastopol in the event of cancellation, reduction in coverage, or non22 renewal of this policy. Such notice shall be sent to:
23 City Manager
24 City of Sebastopol
25 7120 Bodega Ave
26 Sebastopol, CA 95472
27 28 2) "This policy shall be considered primary insurance as respects any 29 other valid and collectible insurance maintained by the City of 30 Sebastopol, including any self-insured retention or program of self31 insurance, and any other such insurance shall be considered excess 32 insurance only."
33 3) "Inclusion of the City of Sebastopol as an insured shall not affect 34 the City's rights as respects any claim, demand, suit or judgment brought 35 or recovered against the Contractor. This policy shall protect Contractor 36 and the City in the same manner as though a separate policy had been 37 issued to each, but this shall not operate to increase the Contractor's 38 liability as set forth in the policy beyond the amount shown or to which 39 the Contractor would have been liable if only one party had been named 40 as an insured.
41 City of Sebastopol Collection Services Agreement December 5, 2008 40 Agenda Item Number: 13 Agenda Item Number: 13
City Council Meeting Packet of: April 18, 2023

ARTICLE 11.
2 DEFAULT AND REMEDIES
3 4 11.1 EVENTS OF DEFAULT
5 Each of the following shall constitute an event of default ("Event of Default") 6hereunder:
7 A. Contractor fails to perform its obligations under this Agreement, or future 8 amendment to this Agreement, and (1) if the failure or refusal of Contractor to 9 perform services as described in Section 5.2, Refuse Service; Section 5.3, 10 Recycling Services; Section 5.4, Compostable Materials Program; or Section 5.5, 11 City Facilities and Event Collection, as required by this Agreement, is not cured 12 within two (2) business days after receiving notice from the City specifying the 13 breach; or (2) in the case of any other breach of the Agreement, the breach 14 continues for more than thirty (30) calendar days after written notice from the 15 City for the correction thereof, provided that where such breach cannot be cured 16 within such thirty- (30) day period, Contractor shall not be in default of this 17 Agreement if Contractor shall have commenced such action required to cure the 18 particular breach within ten (10) calendar days after such notice, and it continues 19 such performance diligently until completed.
20 B. Any representation or disclosure made to City by Contractor in 21 connection with or as an inducement to entering into this Agreement or any 22 future amendment to this Agreement, which proves to be false or misleading in 23 any material respect as of the time such representation or disclosure is made, 24 whether or not any such representation or disclosure appears as part of this 25 Agreement.
26 C. There is a seizure or attachment (other than a pre-judgment attachment) 27 of, or levy affecting possession on, the operating equipment of Contractor, 28 including without limit its vehicles, maintenance, or office facilities, or any part 29 thereof of such proportion as to substantially impair Contractor's ability to 30 perform under this Agreement and which cannot be released, bonded, or 31 otherwise lifted within forty-eight (48) hours excluding weekends and holidays. 32 D. Contractor files a voluntary petition for debt relief under any applicable 33 bankruptcy, insolvency, debtor relief, or other similar law now or hereafter in 34 effect, or shall consent to the appointment of or taking of possession by a 35 receiver, liquidator, assignee (other than as a part of a transfer of equipment no 36 longer useful to Contractor or necessary for this Agreement), trustee (other than 37 as security for an obligation under a deed of trust), custodian, sequestrator (or 38 similar official) of the Contractor for any part of Contractor's operating assets or 39 any substantial part of Contractor's property, or shall make any general 40 assignment for the benefit of Contractor's creditors, or shall fail generally to pay 41 Contractor's debts as they become due or shall take any action in furtherance of 42 any of the foregoing.
43 E. A court having jurisdiction shall enter a decree or order for relief in 44 respect of the Contractor, in any involuntary case brought under any bankruptcy, City of Sebastopol Collection Services Agreement December 5, 2008 41 Agenda Item Number: 13 Agenda Item Number: 13
City Council Meeting Packet of: April 18, 2023

1 insolvency, debtor relief, or similar law now or hereafter in effect, or Contractor 2 shall consent to or shall fail to oppose any such proceeding, or any such court 3 shall enter a decree or order appointing a receiver, liquidator, assignee, custodian, 4 trustee, sequestrator (or similar official) of the Contractor or for any part of the 5 Contractor's operating equipment or assets, or orders the winding up or 6 liquidation of the affairs of Contractor.
7 F. Contractor fails to provide reasonable assurances of performance as 8 required under Section 11.7.
9 G. Contractor delivers Refuse to a Disposal Site or Compostable Materials 10 to a Composting Facility other than the specific facilities designated by City, 11 unless Contractor receives written notice from City of a permanent change in 12 designated facility, or City has expressly directed Contractor in writing to 13 temporarily transport Refuse or Compostable Materials to an alternate site due to 14 an inability of City designated facility to accept materials. 15 11.2RIGHT TO TERMINATE UPON DEFAULT
16 Upon the occurrence of a Default by Contractor, the City shall have the right to 17 unilaterally terminate this Agreement upon further ten (10) days' prior notice to 18 Contractor without the need for any hearing, suit or legal action. 19 11.3POSSESSION OF PROPERTY UPON TERMINATION
20 In the event of termination following a Default, the City shall have the right to 21 the use of the Contractors land, to take possession of any and all of Contractor's 22 equipment, and other materials used or useful in the Collection and Transportation of 23 Refuse, Recyclable Materials, or Compostable Materials and the billing and collection of 24 fees for these services and to use such property. The City shall have the right to retain 25 the possession and/or use of such property until other suitable arrangements can be made 26 for the provision of Refuse, Recyclable Materials, or Compostable Materials Collection 27 services, which may include the award of an Agreement to another company. Advance 28 billing revenues collected by Contractor for period of default shall be transferred to City 29 for use in operating collection services until normal operations resume. 30 31 11.4CITY'S REMEDIES CUMULATIVE; SPECIFIC PERFORMANCE 32 The City's right to terminate the Agreement under Section 11.2 and to take 33 possession of the Contractor's properties under Section 11.3 are not exclusive, and the City's 34 termination of the Agreement shall not constitute an election of remedies, Instead, they shall 35 be in addition to any and all other legal and equitable rights and remedies, which the City 36 may have, including the City's right to recovery on the faithful performance bond (described 37 in Section 9.5 of this Agreement) in the Event of Default. 38 By virtue of the nature of this Agreement, the urgency of timely, continuous, and 39 high quality service, the lead time required to effect alternative service, and the rights 40 granted by City to the Contractor, the remedy of damages for a breach hereof by 41 Contractor is inadequate and City shall be entitled to injunctive relief.

City of Sebastopol Collection Services Agreement December 5, 2008 42 Agenda Item Number: 13 Agenda Item Number: 13
City Council Meeting Packet of: April 18, 2023

1 11.5 LIQUIDATED DAMAGES
2 11.5.1 GENERAL
3 The City finds, and Contractor agrees, that as of the time of the execution 4 of this Agreement, it is impractical, if not impossible, to reasonably ascertain the 5 extent of damages which shall be incurred by City as a result of a breach by 6 Contractor of its obligations under this Agreement. The factors relating to the 7 impracticability of ascertaining damages include, but are not limited to, the fact 8 that (i) substantial damage results to members of the public who are denied 9 services or denied quality or reliable service; (ii) such breaches cause 10 inconvenience, anxiety, frustration, and deprivation of the benefits of the 11 Agreement to individual members of the general public for whose benefit this 12 Agreement exists, in subjective ways and in varying degrees of intensity which 13 are incapable of measurement in precise monetary terms; that (iii) exclusive 14 services might be available at substantially lower costs than alternative services 15 and the monetary loss resulting from denial of services or denial of quality or 16 reliable services is impossible to calculate in precise monetary terms; and (iv) the 17 termination of this Agreement for such breaches, and other remedies are, at best, 18 a means of future correction and not remedies which make the public whole for 19 past breaches.
20 City may reasonably determine the occurrence of events giving rise to 21 liquidated damages through (1) the observation of its own employees or 22 representative, or (2) investigation of customer Complaints. 23 Liquidated damages will only be assessed after Contractor has been given 24 the opportunity but failed to rectify the damages as described in this Agreement. 25 Prior to assessing liquidated damages, City shall give Contractor notice of its 26 intention to do so.The notice will include a brief description of the 27 incident(s)/non-performance. City may review (and receive copies at 28 Contractor's expense) all information in the possession of Contractor relating to 29 incident(s)/non-performance. Contractor may, within ten (10) days after 30 receiving the notice, request a meeting with City. Contractor may present 31 evidence in writing and through testimony of its employees and others relevant to 32 the incident(s)/non-performance. City will provide Contractor with a written 33 explanation of its determination on each incident(s)/non-performance prior to 34 authorizing the assessment of liquidated damages. The decision of whether to 35 assess liquidated damages shall be made by the City Council and shall be final. 36 The Decision to assess liquidated damages and the amount of such 37 assessment shall be made by the City Council and shall be final. Said assessment 38 of liquidated damages shall be reasonably related proportional to the scale of the incident/non-performance
40 11.6 EXCUSE FROM PERFORMANCE
41 The parties shall be excused from performing their respective obligations 42 hereunder in the event they are prevented from so performing by reason of floods, 43 earthquakes, other "acts of God," war, civil insurrection, riots, acts of any government 44 (including judicial action), and other similar catastrophic events which are beyond the City of Sebastopol Collection Services Agreement December 5, 2008 43 Agenda Item Number: 13 Agenda Item Number: 13
City Council Meeting Packet of: April 18, 2023

1 control of and not the fault of the party claiming excuse from performance hereunder. 2 Labor unrest, including but not limited to strike, work stoppage or slowdown, sick-out, 3 picketing, or other concerted job action conducted by Contractor's employees or directed 4 at Contractor is not an excuse from performance and Contractor shall be obligated to 5 continue to provide service notwithstanding the occurrence of any or all of such events. 6 In the case of labor unrest or job action directed at a third party over whom Contractor 7 has no control, the inability of Contractor to make Collections due to the unwillingness 8 or failure of the third party to provide reasonable assurance of the safety of Contractor's 9employees while making Collections or to make reasonable accommodations with 10respect to container placement and point of delivery, time of Collection, or other 11 operating circumstances to minimize any confrontation with pickets or the number of 12 Persons necessary to make Collections shall, to that limited extent, excuse performance 13 and provided further that the foregoing excuse shall be conditioned on Contractor's 14 cooperation in making Collection at different times and in different locations. 15 The party claiming excuse from performance shall, within two (2) days after such 16 party has notice of such cause, give the other party notice of the facts constituting such 17 cause and asserting its claim to excuse under this section. 18 In the event that either party validly exercises its rights under this section, the 19 parties hereby waive any claim against each other for any damages sustained thereby. 20 The partial or complete interruption or discontinuance of Contractor's services 21 caused by one or more of the events described in this article shall not constitute a default 22 by Contractor under this Agreement. Notwithstanding the foregoing, however, (1) the 23 existence of an excuse from performance will not affect the City's rights under Section 24 10.1; and (2) if Contractor is excused from performing its obligations hereunder for any 25 of the causes listed in this section for a period of thirty (30) days or more, other than as 26 the result of third party labor disputes where service cannot be provided for reasons 27 described earlier in this section, the City shall nevertheless have the right, in its sole 28 discretion, to terminate this Agreement by giving ten (10) days' prior notice to 29 Contractor, in which case the provisions of Section 11.3 will apply. 30 11.7RIGHT TO DEMAND ASSURANCES OF PERFORMANCE
31 If Contractor (1) is the subject of any labor unrest including work stoppage or 32 slowdown, sick-out, picketing, or other concerted job action; (2) appears in the 33 reasonable judgment of City to be unable to regularly pay its bills as they become due; or 34 (3) is the subject of a civil or criminal judgment or order for violation of an 35 environmental law, and the City Manager determines in good faith that Contractor's 36 ability to perform under the Agreement has thereby been placed in substantial jeopardy, 37 the City may, at its option and in addition to all other remedies it may have, demand 38 from Contractor reasonable assurances of timely and proper performance of this 39 Agreement, in such form and substance as the City Manager determines in good faith is 40 reasonably necessary in the circumstances to evidence continued ability to perform under 41 the Agreement. If Contractor fails or refuses to provide satisfactory assurances of timely 42 and proper performance in the form and by the date required by City, such failure or 43 refusal shall be an Event of Default for purposes of Section 11.1.

City of Sebastopol Collection Services Agreement December 5, 2008 44 Agenda Item Number: 13 Agenda Item Number: 13
City Council Meeting Packet of: April 18, 2023

ARTICLE 12.
2 OTHER AGREEMENTS OF THE
3 PARTIES
4 5 12.1RELATIONSHIP OF PARTIES
6 The parties intend that Contractor shall perform the services required by this 7 Agreement as an independent Contractor engaged by City and not as an officer or 8 employee of the City nor as a partner of or joint venture with the City. No employee or 9 agent or Contractor shall be or shall be deemed to be an employee or agent of the City. 10 Except as expressly provided herein, Contractor shall have the exclusive control over the 11 manner and means of conducting the Refuse Collection and Disposal services performed 12 under this Agreement, and all Persons performing such services. Contractor shall be 13 solely responsible for the acts and omissions of its officers, employees, subcontractors, 14 and agents. Neither Contractor, nor its officers, employees, subcontractors, and agents 15 shall obtain any rights to retirement benefits, Workers' Compensation benefits, or any 16 other benefits, which accrue to City employees by virtue of their employment with the 17City.
18 12.2COMPLIANCE WITH LAW
19 In providing the services required under this Agreement, Contractor shall at all 20 times, at its sole cost, comply with all applicable laws, permits, and licenses of the 21 United States, the State of California, and the City, and with all applicable regulations 22 promulgated by federal, state, regional, or local administrative and regulatory agencies, 23 now in force and as they may be enacted, issued, or amended during the Term. 24 12.3GOVERNING LAW
25 This Agreement shall be governed by, and construed and enforced in accordance 26 with, the laws of the State of California.
27 12.4JURISDICTION
28 Any lawsuits between the parties arising out of this Agreement shall be brought 29 and concluded in the courts of Sonoma County in the State of California, which shall 30 have exclusive jurisdiction over such lawsuits.
31 With respect to venue, the parties agree that this Agreement is made in and will 32 be performed in Sonoma County.
33 12.5GUARANTY OF CONTRACTOR'S PERFORMANCE
34 A Performance Bond in a form acceptable to the City shall guarantee Contractor's 35 performance of this Agreement. The Guaranty is being provided concurrently with 36 Contractor's execution of this Agreement.
37 12.6 ASSIGNMENT
38 Neither party shall assign its rights nor delegate or otherwise transfer its 39 obligations under this Agreement to any other Person without the prior written consent 40 of the other party. Any such assignment made without the consent of the other party City of Sebastopol Collection Services Agreement December 5, 2008 45 Agenda Item Number: 13 Agenda Item Number: 13
City Council Meeting Packet of: April 18, 2023

1 shall be void and the attempted assignment shall constitute a material breach of this 2 Agreement. Consent shall not be unreasonably withheld. 3 4 For purposes of this section, "assignment" shall include but not be limited to (i) a 5 sale, exchange, or other transfer of substantially all of Contractor's assets dedicated to 6 service under this Agreement to a third party; (ii) a sale, exchange, or other transfer of 10 7 percent (10%) or more of the outstanding common stock of Contractor or parent 8 company or holding company to a Person other than a direct family member or trust that 9 exclusively benefits family members; (iii) any reorganization, consolidation, merger, 10 recapitalization, stock issuance or re-issuance, voting trust, pooling agreement, escrow 11 arrangement, liquidation or other transaction to which Contractor, parent company, or 12 holding company or any of its shareholders is a party which results in a change of 13 ownership or control of 10 percent (10%) or more of the value or voting rights in the 14 stock of Contractor or a parent company, or holding company; and (iv) any combination 15 of the foregoing (whether or not in related or contemporaneous transactions) which has 16 the effect of any such transfer or change of ownership. For purposes of this section, the 17 term "proposed assignee" shall refer to the proposed transferee(s) or other successor(s) in 18 interest pursuant to the assignment.
19 20 All costs incurred by the City related to Assignment, shall be reimbursed by the 21 Contractor or Assignee prior to final approval of Assignment by the City. 22 12.7SUBCONTRACTING
23 Contractor shall not engage any subcontractors for Collection, Processing, or 24 Disposal of Refuse, Recyclable Materials, and Compostable Materials without the prior 25 written consent of the City.
26 12.8BINDING ON SUCCESSORS
27 The provisions of this Agreement shall inure to the benefit to and be binding on 28 the successors and permitted assigns of the parties. 29 12.9TRANSITION TO NEXT CONTRACTOR
30 At the point of transition, Contractor will take direction from the City and 31 subsequent Contractor(s) to assist in an orderly transition, which will include Contractor 32 providing route lists and billing information. Contractor will not be obliged to sell 33 Collection vehicles to the next Contractor. Depending on Contractor's circumstances at 34 the point of transition, the Contractor at its option may enter into negotiations with the 35 next Contractor to sell (in part or all) Collection vehicles. 36 In connection therewith, Contractor acknowledges that the provisions of Public 37 Resources Code Sections 49520-49523 have no application to this Agreement and 38 agrees, to the extent such sections may have application, to waive whatever rights they 39 may afford.
40 12.10 PARTIES IN INTEREST
41 Nothing in this Agreement, whether express or implied, is intended to confer any 42 rights on any Persons other than the parties to it and their representatives, successors, 43 and permitted assigns.

City of Sebastopol Collection Services Agreement December 5, 2008 46 Agenda Item Number: 13 Agenda Item Number: 13
City Council Meeting Packet of: April 18, 2023

112.11 WAIVER
2 The waiver by either party of any breach or violation of any provisions of this 3 Agreement shall not be deemed to be a waiver of any breach or violation of any other 4 provision nor of any subsequent breach of violation of the same or any other provision. 5 The subsequent acceptance by either party of any monies which become due hereunder 6 shall not be deemed to be a waiver of any pre-existing or concurrent breach or violation 7 by the other party of any provision of this Agreement. 8 12.12 NOTICE
9 All notices, demands, requests, proposals, approvals, consents, and other 10 communications which this Agreement requires, authorizes, or contemplates all, except 11 as provided in Section 10.1, be in writing and shall either be personally delivered to a 12 representative of the parties at the address below or be deposited in the United States 13 mail, first class postage prepaid, addressed as follows:
14 If to City:
15 City of Sebastopol
16 Attention: City Manager
17 7120 Bodega Ave
18 Sebastopol, CA 95472
19 20 If to Contractor: James Salyers, Vice President
21 Redwood Empire Disposal
22 P.O. Box 1916
23 Santa Rosa, CA 95402
24 25 The address to which communications may be delivered may be changed from 26 time to time by a notice given in accordance with this section. 27 Notice shall be deemed given on the day it is personally delivered or, if mailed, 28 three days from the date it is deposited in the mail. 29 12.13 REPRESENTATIVES OF THE PARTIES
30 References in this Agreement to the "City" shall mean the City Council and all 31 actions to be taken by the City shall be taken by the City Council except as provided 32 below. The CityCouncil may delegate authority to the City Manager, or their designee. 33 The Contractor may rely upon actions taken by such delegates if they are within the 34 scope of the authority properly delegated to them.
35 The Contractor shall, by the Effective Date, designate in writing a responsible 36 officer who shall serve as the representative of the Contractor in all matters related to the 37 Agreement and shall inform the City in writing of such designation and of any 38 limitations upon his or her authority to bind the Contractor. The City may rely upon 39 action taken by such designated representative as actions of the Contractor unless they 40 are outside the scope of the authority delegated to him/her by the Contractor as 41 communicated to City.
42 43
City of Sebastopol Collection Services Agreement December 5, 2008 47 Agenda Item Number: 13 Agenda Item Number: 13
City Council Meeting Packet of: April 18, 2023

Agenda Item Number: 13
Agenda Item Number: 13
City Council Meeting Packet of: April 18, 2023

EXHIBIT A

CITY SERVICE LOCATIONS
Contractor shall provide containers and collection of Refuse, Recyclable Materials and Compostable Materials to all City facilities identified herein. Contractor shall also provide collection of Refiise contained in City-owned cans located throughout the City. Servicing of all City facilities and cans shall be provided at no additional charge to the City.

Corporation Yard
City Hall
Fire Station
Police Station
Senior Center
Ives Park/Pool
Libby Park
Sebastopol Community Center
Laguna Park
High School District Office
Luther Burbank Farm
Sebastopol Regional Library
City Cans in downtown area and bus stops
714 Johnson Street
7120 Bodega Hwy
7425 Bodega Hwy
370 Johnson Street
167 High Street
7400 Willow
7985 Valentine Ave
390 Morris Street
390 Morris Street
462 Johnson Street
7781 Bodega Ave
7140 Bodega Ave
Agenda Item Number: 13 Agenda Item Number: 13
City Council Meeting Packet of: April 18, 2023

EXHIBIT B

BATTERY BUCKET LOCATIONS
Location of Participant Address Phone Location
Fire Station Bodega Ave In lobby
City Hall 7120 Bodega Avenue (707) 823-7863 In lobby
Sebastopol Regional Library 7140 Bodega Ave. (707) 823-7691 In lobby City may add up to two additional locations. Contractor shall collect batteries from all locations unless directed by City to collect at one or more centralized locations.

City of Sebastopol Collection Services Agreement December 5, 2008 2 Agenda Item Number: 13 Agenda Item Number: 13
City Council Meeting Packet of: April 18, 2023

EXHIBIT C

CITY-SPONSORED EVENTS
Contractor shall provide solid waste and recycling containers and services to the following events:
• Apple Blossom Festival
• Art/Music Series in the Plaza during the Summer
• Roma Festival
• Sustainability /Solar Fairs sponsored by the City
The City may designate up to six additional City-Sponsored Events per year to receive solid waste and recycling services.

City of Sebastopol Collection Services Agreement December 5, 2008 3 Agenda Item Number: 13 Agenda Item Number: 13
City Council Meeting Packet of: April 18, 2023

EXHIBIT D

RECYCLABLE MATERIALS
The Single Recyclable Materials Stream shall include:

Paper:
• Newspaper
• Corrugated cardboard
• Mixed paper
• Junk mail
• Phone books
• Magazines
• Office Paper
• Computer paper
• Envelopes
• Post-it Notes
• Catalogs
• Manuals
• Colored Paper
• Stationary
• Shredded Paper
• NCRPaper
Glass
• Glass - household food and beverage bottles and jars
Metal
• Aluminum cans
• Metal cans — household food and beverage containers
• Empty aerosol cans
• Lids from Jars
Plastic Containers
• Milk containers
• Soda and water bottles
• Plastic containers — household food and beverage containers • Yogurt and margarine tubs
• Deli containers
Rigid Plastics Containers
• Recycle Crates
• Laundry baskets
• Five Gallon Buckets
• Plastic lawn furniture
Cartons/Boxes/Bags
• Paper Egg Cartons /Brown paper cartons
• Milk cartons
• Cereal boxes
• Shoe Boxes
• Plastic bags or film (LDPE/HDPE)
• Cracker boxes
• Tissue Boxes
• Frozen Food boxes
• Juice Cartons
City of Sebastopol Collection Services Agreement December 5, 2008 4 Agenda Item Number: 13 Agenda Item Number: 13
City Council Meeting Packet of: April 18, 2023

EXHIBIT E

CONTRACTOR HOLIDAY LIST
Holidays Contractor's Office May Be Closed:
• New Year's Day • Labor Day
• Presidents Day • Thanksgiving Day
• Memorial Day • Christmas Day
• Fourth of July
Collection Service Holidays May Be Observed:
(Some commercial accounts may require Collection on the observed holidays) • New Year's Day
• Fourth of July
• Labor Day
• Thanksgiving Day
• ChristmasDay
City of Sebastopol Collection Services Agreement December 5, 2008 2 Agenda Item Number: 13 Agenda Item Number: 13
City Council Meeting Packet of: April 18, 2023

EXHIBIT F

STREET SWEEPING MAPS
I ,, ..71. , .,..., 1.F,
. ,..., -cc: , I I
L-- - t.L ci 1 1 _ 4 __... 1 \, '[. -
0"- l
i 1.
_g.
1 .
4 ,__ _... ----\ ' i
\'',.k. 1 ,
rt 0 ., i Helltfeci,?(40.12A-v.! :s 7—,, 412, T II IL. -411`i/ ----‘ , : Pie - ----
—I f ',
. ‘ _ \
, -----
--"P-1 I ,
1 5 1 I i
arc,
.. 4. ' 1'
r .:5---------------- A-se l s[-r,
. A\ r, -,-- -.7
-

11. •,,..,. er
„,,,';')-''
, ' c• ' - ..
°
,6,.4 -
- „_„, al,
''' t St _
'
'''n
' ----------1--,---------
,
L 1 :1 r--1 .1
, ,..,\ ;:,.'' ,,,.„. :- .. % ,.., .44
"
;_,,.... \ 1 \ -;..set; ' op0 v
F'•4' - \ \ \ -• : '4&'-. q
-
e C- \ \ '' _..--) 1:1423 lk.-- \ - '
I
-
--CD ------ .
,..-..i-'
.:1-"r '.
._..-,,,,
ral
- ''. .-.
1a11t01,0ft AVe._ -,.'
'
e: \ '' 'l .:7:1'!.::„.'
,,,.... ,-
'
.
1 ::
41 5-;%.'
1111- ,I pr n , , ,,,,L4';''
''', ' i V P irk ..-• •*”'
Ck ',";•-""- '', q I
-
1 "'•,.\ '-e ' --1'-0 ,r• " ,. )
,
'".:1'
Wash • _ I to r Roe Ives Park
.7
— veso Ave
-
*
,

4. r - -' ..4,,,
i
4 1 ee'-
\ ', \ 2 t7- r
Liz7%vA
kg!! Ave - -
\,
_
7:1 1— -7 r—
go
_.-- L) r-
: ,
--"ELV..f.0
,-
, - le----\
'-il
g
r
-7-1.44
B' cr
N'St-----„, I /f, ET
v l
. , Sebastopol I i'---• ,,,, Memorial Lawn f ..-/ '2 1' il" 47 ' ! c .• / g ., • OE _...., ( ' a' .-- - 7.1
a
. t - --- '
-
',211111 7'..*
. -:1 \ \- 't ' -- - — \it\
;.•
-- El
- I-.
u ' - -iog
, 1 ,
G1
I .._
I

—
...,? \ ' / 1t.,
) \ 1
:-.,. ____ - • ., - Rotonson Rd-7---
,diow ad
?
\t'' .--,---- U
u
-
i r---
, .., it-- -
i, \ c-,
\\ f..

Nor. or -
---
-.
1 ,\ , scDit Rd. ot
________•Gentone Rd, \ ,„___.-.&•---.
t .0,
". ___. '-'8,3„ G
,
"' 4 ri:.., ••5•
Lynch Rd _ ,.c.
.$.
it
. §
c
.___.. Witter.FT - L.----- Water. Rd =7;m7_,
I l
I
'
..---
%la ' -......
re gd):-.)
1) 1 I .// slorn°
,
• -41 LErnrened Ln ' ;
'i ,
r
1 4 ''' (.7:-.
rt 1 . Gli%
6 1 barbaia C

1. s
---1 1 .0 7
.
,,L Carel L

1., m• 13'
I
r r_______
-
:;kverril Rd -.....: - ,_ .._, _. --/ Map data @2008 Tate Atlas [ I -.k
7-- \
• 4-,
. ' 1 4--' - • - Hutchins 'Ave=1.) ."_1 V` ''- \ a,
, '1••
."/"?. i.
tman Ave . __ ,
\ \
\
r
—Evergteert'Ave ----
,
Ji
\. "•--- - riart ji
.
--
=_,'
-
'
1 ve0
d
-
we" J
• .,
Fircrest Ave _ %V
\ oprime at )
.• ---"O- .-. \
-------- -- --------------- - -
L71-6411r . --- - 11 \ \\%"\\
. ..
\ \ \
\
-
42008 Google [
Agenda Item Number: 13 Agenda Item Number: 13
City Council Meeting Packet of: April 18, 2023

r
..-• k.
..., , \
---- \ , ,.- \ \ A
,
, 4,-.,---- —_--o. „..._,
• ....
0,, ,
,
'V\ \
t-E:4,
:
--,- ,

0.,.-
,
--
,-
c...,
_ , , \ 73 .'
\
CL7---
---:--21
jagch€ ni St 1,
6411d \
E Hurlbut Ave Bulbul Ave._
,Ranch
la! Park
\ __.- , ,A".7 _-;t4k.< :: 9'.•-• \\:\ \
d Covert Ln . ...._ j
qpyen is'
'12 ---.\-\ -'.5,[ ( ,-,L5
J
I ; i
ix.
:im=, p .

Iff •
. 1 C_"=_.-
u I ff 4
1, ---_. _---, \ .- ; 9 ,-...1 =...1
1 !sk ,...1 t. ti L ,
z,
„._:,-9.— Vekentine Ave — ,, T, ,
11\ N
' 1 Wiard
1 \ \ L76b7PIrk
ri
\ IS
.
1 i.i, r
\ \- 3
. 07 \ t 1 _--0---
\ \
,swedz. Sebastopol
Memorial Lawn
NhpratRd ----
A
.69*
Siorbght LTC-)
WOW Google
\F;eHA'
4 II IV-- \.,
01/1

31.°:V.

Ave _Palm Ave s
I 7
I ;!
lisyelen AN,'
Te "'`
-
13 EvanAvr
if 6 i 4nd.M.4
.?"-
I I
Cworest Ave
16:11140 View pdAvi
l @2008 Tele Atlas
City of Sebastopol Collection Services Agreement December 5, 2008 2 Agenda Item Number: 13 Agenda Item Number: 13
City Council Meeting Packet of: April 18, 2023

iv\
S
Lewes
tat. e'Park
yoyert In
,.s.
1 •-, 1
._''\
v

1.1 • 1
. k ,
.---::__-__.\ ,,t.,,.,::,
. i _i L) • ..
\wow,. Ave .,-, i.,:1, L. 41706
_--!-' P
1-
"
-\,- .., \-----
teirda, 74 ---tE .',.: °;,.(' '''S.:c __.)\s
r7"
Liii,tfpiik ___---, \ \ , P,
#(' ---' - n ft_ ,ve,.---
,
-k7_14...., mot\
—
Wathmrt - Ives Park 0
iiA — ..-- __ _
[ --- 1 -- " Z —"riltirci-6-4---- k
h . Swartz Ave
:g .m
"go Ave •G
,.. \
A.,,,e-• \ sebastopoi .
. -- -
-
.L. Memorial Lawn
... ---. 1-w
-_,,
.it ..'.'

7.7-
-
L
-
--
7 --
-7---=
_
.-
. Q\
%.

Health;
\
/13,ately et \
r
-rte to -V,
poow R fketArtsan
IS\
M11101-17-.*G4411111110
,....„- r
...,
1 )
14 --`r.5';..
,
•
'.14 \\ •
. [1 .
1 ,;----1
.-_,
S \ ''''
1,...S% '.,.__.,i1..
' •.. t'
r61 Pi! '''
r
! '1
'..c, t. '., '
Ave .-- . at- Ave --„Pairli'l°e.---j
V' i--•
lt' : P p i -„ . 1
...._. , ii
___ Havatn Avee
N
V2008 Googlq _ Nora .

L0.461,4 (Scott RcI tic
-
407171
I .7, Map data:0031)8 Tele Atizis
City of Sebastopol Collection Services Agreement December 5, 2008 3 Agenda Item Number: 13 Agenda Item Number: 13
City Council Meeting Packet of: April 18, 2023

.
ri - Dive
[
(
az F.
d. S
1 "
-
r
--
i
V4elte,
Ln
\ !!
1 i. E
1 .. _ — *IA - •
•stfo hr----410 of'

1.6 ------=--_
\• fi
LlovAlliii .<§tite Park
Zagana jilli
FRagle , Ranch
Regional Park A •
CP -
lard
Park \ - .")
"1
,
I tr Ave
r
02008 Google
I[ /
.,',.± ,1 ,
‘..,.,_
. I L...,*; i _ . ,.. 11:XY .
.
- 1 1, r_711 IC \
--
r"
.\ V
•
-r ''' 1_ .g:7_7. Fres1 Ars ----
. ---r; i,N
_____,-,,.
7= C00
94". R' ' - .-11 1.
-
-----_:-------1'
c__. i_ ,-;,,I P.5!.;--- li
rj----- )1------) ,,f,-=,-
r
,4.--L__ \ Car,
1 rk i ) .4r M
, 1IL____ , Eiph. Rcl=..._--_, 1_ -- ,
i c -- , 5s, yr-_.
ff/ 3- __„
,,,/
.._ $.-....,
7/ '..__ 11_,_J''23 '---
,
,- /
Ilap_rlaigra0QQ8WAtiii
likidegaH;f7y I
City of Sebastopol Collection Services Agreement December 5, 2008 4 Agenda Item Number: 13 Agenda Item Number: 13
City Council Meeting Packet of: April 18, 2023

EXHIBIT G

REFUSE RATE FINANCIAL STATEMENT FORM
Operating Costs
Labor: List all administrative, officer, operation and maintenance salary accounts.

List payroll tax accounts directly related to the above salary accounts.

Fuel List all fuel costs.

Vehicle Replacement: List all Collection and Collection related vehicle depreciation accounts.

List all vehicle lease or rental accounts related to Collection or Collection related vehicles.

Vehicle Maintenance:

All Other:

List all Collection or Collection related vehicle parts accounts.

List all other expense accounts related to the services provided under this Agreement. This category includes all insurance including general liability, fire, truck damage, extended coverage and employee group medical and life; rent on property, truck licenses and permits; real and personal property taxes; telephone and other utilities; employee uniforms; safety equipment; general yard repairs and maintenance; office supplies; postage; trade association dues and subscription; advertising; employee retirement or profit sharing contributions; and miscellaneous other expenses.

The "Refuse Rate Index" adjustment shall be calculated in the following manner:

1. The expenses of providing Collection Services in the Service Area for the designated fiscal period shall be prepared in the format set forth in the Operating Cost Statement - Description on the following page of this Exhibit.

2. The expenses of providing Collection Services in the Service Area shall be broken down into one of the following five cost categories: Labor; Fuel; Vehicle Replacement; Maintenance and All Other. Each cost category is assigned a weighted percentage factor on that cost category's proportionate share of the total of the costs shown for all cost categories.

3. The following indices are used to calculate the adjustment for each cost category. The change in each index is calculated on a twelve-month fiscal period in accordance with the terms of the Agreement.

Cost Category Index
Labor: Series ID: cis201s000000000i Service-Producing Industries City of Sebastopol Collection Services Agreement December 5, 2008 5 Agenda Item Number: 13 Agenda Item Number: 13
City Council Meeting Packet of: April 18, 2023

Fuel: Series ID: wpu057303; Commodity Code 0573-03 #2 Diesel Fuel Vehicle Replacement: Series ID: pcu3362113362111 Truck, bus, car and other vehicles bodies, for sale separately
Vehicle Maintenance: Series ID: pcu3339243339243 Parts and attachments for Industrial work trucks
All Other: Series ID: cuur0000sa0 seventy-five percent (75%) of Consumer Price Index, All Urban Consumers, All Items
The percentage weight for each cost category is multiplied by the change in each appropriate index to calculate a weighted percentage for each cost category. The weighted percentage changes for each cost category are added together to calculate the Refuse Rate Index.

City of Sebastopol Collection Services Agreement December 5, 2008 6 Agenda Item Number: 13 Agenda Item Number: 13
City Council Meeting Packet of: April 18, 2023

EXHIBIT H

RATE SCHEDULE
Agenda Item Number: 13 Agenda Item Number: 13
City Council Meeting Packet of: April 18, 2023

CITY OF SEBASTOPOL EXHIBIT H

PROPOSED RATES
EFFECTIVE JANUARY 1, 2009
NEW

MONTHLY

DESCRIPTION RATE
Residential
Disposal
Generation
Factor
Solid
Waste
Disposal
Component
$82.00
Collection
Component
Franchise
Fee
Component

10.00%

RESIDENTIAL
20 GAL CAN IXWK $7.00 0.0115 $1.44 $4.86 $0.70
32 GAL CAN IXWK $12.26 0.0290 $2.38 $8.65 $1.22
64 GAL CAN 1XWK $22.50 0.0420 $3.44 $16.81 $2.25
96 GAL CAN 1XWK $37.50 0.0740 $6.07 $27.68 $3.75
2 32 GAL CAN 1XWK $24.50 0.0580 $4.76 $17.30 $2.44
3 32 GAL CAN IXWK $36.75 0.0870 $7.13 $25.95 $3.67
4 32 GAL CAN IXWK $49.00 0.1160 $9.51 $34.60 $4.89
5 32 GAL CAN 1XWK $61.25 0.1450 $11.89 $43.25 $6.11
64 GAL CAN 1XWK $22-50 0.0420 $3.44 $16.81 52.25
2 64 GAL CAN 1XWK $45.00 0.0840 $6.89 $33.62 $4.49
3 64 GAL CAN IXWK $67.50 0.1260 $10.33 $50.43 $6.74
2 96 GAL CAN 1XWK $75.00 0.1480 $12.14 $55.36 $7.50

TOTAL RESIDENTIAL

COMMERCIAL

1.5 YD IXWK $171.19 * $53.30 $100.77 $17.12

1.5 VD 2XWK $298.73 * $106.60 $162.26 $29.87
2 `I'D 1XWK $202.59 V $71.34 $110.99 $20.26
2 YD 2XWK $353.14 * $142.68 $175.15 $35.31
3 YD 1XWK $281.07 * $106.60 $146.37 $28.10
3 YD 2XWK $491.54 * $213.20 $229.19 $49.15
3 YD 5XWK $1,121.61 * $533.00 $476.46 $112.15
4 YD 1XWK $315.03 * $141.85 $141.67 $31.50
4 YD 2XWK $605.11 * $283.72 $260.88 $60.51
4 YD 3XWK $865.49 * $425.58 $353.37 $86.54
4 YD 4XWK $1,125.82 * $567.44 $445.81 $112.57
4 YD 5XWK $1,386.18 * $709.30 $538.27 $138.61
6 VD IXWK $395.07 * $213.20 $142.37 $39.50
6 YD 2XWK $734.54 * $426.40 $234.69 $73.45
6 YD 3XWK $1,078.04 * $639.60 $330.65 $107.79
32 GAL CAN IXWK $24.30 0.0600 $4.92 $16.95 $2.43
64 GAL CAN 1XWK $31.71 0.1300 $10.66 $17.88 $3.17
96 GAL CAN 1XWK $38.98 0.1900 $15.58 $19.50 $3.90
2 2 YD 1XWK $405.18 -,. $142.68 $221.98 $40.52
2 3 YD IXWK $562.14 * $213.20 $292.74 $56.20
2 3 YD 2XWK $983.08 * $426.40 $458.38 $98.30
2 4 VD 1XWK $630.06 * $283.72 $283.34 $63.00
2 4 `I'D 2XWK $1,210.22 * $567.44 $521.76 $121.02
24 VD 3XWK $1,730.98 * $851.16 $706.74 $173.08
2 1.5 YD IXWK $342.38 * $106.60 $201.54 $34,24
3 2 YD IXWK $607.77 $214.02 $332.97 $60.78
3 3 YD IXWK $843.21 Jk $319.80 $439.11 $84.30
3 4 YD 2XWK $1,890.18 * $851.16 $850.02 $189.00
2 32 GAL IXWK $48.60 * $9.84 $33.90 $4.86
2 64 GAL IXWK $63.42 * $21.32 $35.76 $6.34
2 96 GAL 1XWK $77.96 * $31.16 $39.00 $7.80
3 32 GAL CAN 1XWK $72.90 * $14.76 $50.85 $7.29
Agenda Item Number: 13 Agenda Item Number: 13
City Council Meeting Packet of: April 18, 2023

CITY OF SEBASTOPOL EXHIBIT H

PROPOSED RATES
EFFECTIVE JANUARY 1, 2009

DESCRIPTION
Residential
NEW Disposal
MONTHLY Generation
RATE Factor
Solid
Waste
Disposal
Component
$82.00
Collection
Component
Franchise
Fee
Component

10.00%
3 96 GAL CAN 1XWK $116.94 * $46.74 $58.50 $11.70
4 32 GAL CAN 1XWK $97.20 * $19.68 $67.80 $9.72
4 64 GAL CAN 1XWK $126.84 * $42.64 $71.52 $12.68
4 96 GAL CAN 1XWK $155.92 * $62.32 $78.00 $15.60
4 96 GAL CAN 2XWK $311.84 ' $124.64 $156.00 $31.20
5 96 GAL CAN 1XWK $194.90 * $77-90 $97.50 $19.50
7 32 GAL CAN IXWK $170.10 * $34.44 $118.65 $17.01
8 32 GAL CAN 1XWK $194.40 * $39.36 $135.60 $19.44
9 96 GAL CAN 1XWK $350.82 * $140.22 $175.50 $35.10
3 YD COMPACTOR 2XWK $917.94 * $639.60 $186.55 $91.79

OTHER RATES
Cleanup Bin (3 days) $175.00 $24.60 $132.90 $17.50
Extra Yard Waste Cart (per month) $11.80
Replacement Cart (after lx per year) $75.00
Return Top Charge $15.00
Cotaminated YW/RRY Cart $20.00
Contaminated RRY Bin (per yard plus $20.00) $54.19
Push Rate (per trip per 25 feet - bin) $44.96
Walk-in Charge (per trip per 25 feet - cart) $7.11
*Commercial Conversion Factor 200.00 lbs/yd
Agenda Item Number: 13 Agenda Item Number: 13
City Council Meeting Packet of: April 18, 2023

EXHIBIT I

BULKY ITEM RATE SCHEDULE
For each item after one, subtract $20 from total cost
Collection Disposal
ITEM Component Element
Furniture
Twin $40 $25
Double/ Full $40 $25
Queen $40 $25
King $40 $25
Bed Frame $40 $10
Couch (under 6 ft.) $40 $10
Upholstered Chairs $40 $10
Wooden Chairs $40 $10
Dinette Tables $40 $10
Household Items
Rug (9x12) $40 $10
Vacuum $40 $10
Appliances
Water Heater 35 Gal $40 $10
Water Heater 40-50 Gal $40 $10
Water Heater 100 Gal $40 $10
Oven $40 $15
Oven (Stove top) $40 $15
Oven-Stove Unit $40 $15
Microwave $40 $10
Garbage Compactor $40 $10
Dishwasher $40 $10
Fridge $40 $25
Freezer $40 $25
Air Conditioner $40 $25
Washing Machine $40 $15
Dryer $40 $15
Building Materials
Household Doors $40 $10
Sink $40 $10
Toilets $40 $10
Windows (less than 3' by 4' only) $40 $10
Yard & Garden
Gas Mower (must be drained of gas & oil) $40 $10
BBQ $40 $10
Ping Fong Table $40 $10
Exercise Bike $40 $10
Swing Sets $40 $10
Bike $40 $10
Electronics
Computer Monitor $40 $10
Television $40 $10
Large screen Television $50 $10
TOTAL
FEE
per set $65 per set
per set $65 per set
per set $65 per set
per set $65 per set
$50
$50
$50
$50
$50
$50
$50
$50
$50
$50
$55
$55
$55
$50
$50
$50
$65
$65
$65
$55
$55
$50
$50
$50
$50
$50
$50
$50
$50
$50
$50
$50
$50
$60
City of Sebastopol Collection Services Agreement December 5, 2008 2 Agenda Item Number: 13 Agenda Item Number: 13
City Council Meeting Packet of: April 18, 2023

ConsoleTelevision $50 $10 $60
Stereo Equipment $40 $10 $50
VCR/Home Entertainment $40 $10 $50
Printer/Fax $40 $10 $50
Copier (table top) $40 $10 $50
$100
Copier (stand alone) $40 $75
price
min
price
Oversize office equipment $50 varies varies
Car Parts
Engine Block (completely drained of fluids) $40 $10 $50 Car Seat $40 $10 $50
Bumper/Grill etc $40 $10 $50
Passenger vehicle tire
Truck or tractor tire
$40 $10 $50
special
applies
Additional Items
Items under 60# $40 $10
price
$50
price
Items over 60# $50 varies
price
varies
price
Items requiring special handling or disposal $50 varies varies pricing
City of Sebastopol Collection Services Agreement December 5, 2008 3 Agenda Item Number: 13 Agenda Item Number: 13
City Council Meeting Packet of: April 18, 2023

EXHIBIT J
EQUIPMENT INVENTORY (as of January 1, 2009)
VEH # YEAR MAKE TYPE VIN LIC #
906R 1998 VOLVO AUTOMATED 4VMDCMHEOW N747517 7J89320
5W 1703
900R 1999 VOLVO AUTOMATED 4VMDCMHEOXN765369 4
205R 1999 VOLVO FRONTLOADER 4VMDCMHEOXN768188 7P68315
104R 1988 FORD SWEEPER 1FDWR72P6JVA56608 2NQJ178
702R 1999 VOLVO ROLL-OFF 4VHJCMGF3XN867678 7P68060
[9_001 2006 STERLING SPLITBODY 49HHBVCY06 RW11404 8D20761 9002 2006 STERLING SPLITBODY 49HHBVCY66RW11407 8E51428
Agenda Item Number: 13 Agenda Item Number: 13
City Council Meeting Packet of: April 18, 2023

)
)
i
Agenda Item Number: 13 Agenda Item Number: 13
City Council Meeting Packet of: April 18, 2023

MONTHLY FRANCHISE FEE REMITTANCE
TO

CITY OF SEBASTOPOL
Month APRIL 2009
Flat Fee Due $11,610.62
Agenda Item Number: 13 Agenda Item Number: 13
City Council Meeting Packet of: April 18, 2023

Sebastopol
Title 5 Biz Regulations
Chapter 42 Collection and Disposal

5.42.040 Collection:

A. All garbage, wet garbage, or refuse of
any kind, shall be removed by the City of
Sebastopol, its agents, employees or permittees, or
representatives, at least once every seven (7) days,
unless otherwise directed by the Health Officer or the
City Manager of the City of Sebastopol.

B. Health Officer or City Manager Directs
Removal- It shall be the duty of any collector
engaged in or conducting the business of collecting
garbage, wet garbage, and/or rubbish by contract with
the City of Sebastopol or acting as its agent,
permitee, or representative, under this ordinance,
when directed by the Health Officer or City Manager
of the said City of Sebastopol to Immediately call at
any premises in the City of Sebastopol to which said
rubbish or garbage collector may be directed by the
said Health Officer or City Manager, and where
garbage, wet garbage and/or rubbish is accumulated
and there collect and remove said garbage, wet
garbage, and/or rubbish in accordance with the
provisions of this ordinance.

C. It is unlawful for any person other than the
"Contract Agent", as defined herein, or his agents or
employees, to engage in the business of collecting,
disposing of , transporting, carrying or conveying
through the streets, alleys or public thoroughfares of
the City, any garbage, refuse, rubbish, or those
recyclable materials which are intended to be
disposed of in accordance with the City wide weekly
curbside recycling program initiated July 1, 1989.

Agenda Item Number: 13 Agenda Item Number: 13
City Council Meeting Packet of: April 18, 2023

FRANCHISED HAULER'S AGREEMENT TO BE BOUND BY

CITY'S WASTE DELIVERY COMMITMENT
This agreement is entered into between Recology Sonoma Marin, a California corporation ("Franchised Hauler"), the City of Sebastopol ("City") and Republic Services of Sonoma County, Inc. ("Contractor" ). All other words and phrases in this agreement with initia l capital letters are d'efined in the attached Waste De livery Agreement.

This agreement sha ll become effective on the date of the closing of the transactions contemplated by the Asset Purchase Agreement dated August 11 , 2017 between Recology Inc., the parent company of Franchised Hauler, and The Ratto Group of Companies Inc. and its owners and afti liated entities.

Franchised Hauler acknowledges that it has read and understood the foregoing Waste Deli very Agreement ("Waste Deli very Agreement") between the City and Contractor. Franchised Hauler agrees to fully honor and comply with the City's Waste deli very obligations to Contractor in the Waste Deli very Agreement, and as the Waste Delivery Agreement may hereafter be modified or extended by the City and Contractor at their sole discreti on. Franchised Hauler shall de liver a ll such Waste to Contractor and the County Facilities as required by and in accordance with the Waste De livery Agreement.

The Term of Franchised Hauler's obligations hereunder sha ll be coterminous with the Term of the City's Waste De livery Agreement with Contractor, and therefore will not expire until the Term of the Waste Delivery Agreement, as it may be extended by City and Contractor, expires.

Without limiting the generality of the foregoing, Franchised Hauler agrees that:

I. Notwithstanding any other term, condition or provision in Franchised Hauler's franchise agreement with the City, Franchised Hauler will deliver a ll Committed City Waste that is collected, transported or otherwise handled by Franchised Hau ler to the Contractor and County Facilities for the Term of the Waste Delivery Agreement, as it now exists or may hereafter be modified or extended, except for Waste that is excluded from the City's Waste delivery obligation to Contractor as described in Section 2.2 and Exhibit B of the Waste Delivery Agreement. Franch ised Hauler sha ll do all things necessary and execute any fu rther agreements or instruments required to effectuate Franchised Hauler's obligation in this agreement. In add ition, Franchised Hau ler shall de liver all Construction and Demolition Debris collected in the City to the County Facilities. This agreement by Franchised Hauler amends, supersedes and controls over any contrary or inconsistent provision in any agreement that Franchised Hauler has, or may hereafter enter into, with the City.
2 . Franchised Hauler sha ll pay Contractor's invoices for de livery of Waste collected by Franch ised Hauler in the City within thirty (30) days of the date of the invoice. Any unpaid invoiced amounts not pa id within said thi11y (30) days shall bear interest at the rate of one and one ha lf percent ( 1.5%) per month until paid. Contractor Agenda Item Number: 13 Agenda Item Number: 13
City Council Meeting Packet of: April 18, 2023

shall be entitled to ecov~r its attorneys' fees. expert witness fess and all other costs of litigation incurred in coll ecting delinquent invoices from Franchised Hauler.

3. Franchised Hauler shall commence the City-wide collection of Food Waste from commercial Premises in the City when directed to do so by the City. The Franchised Hauler's costs of this program are being fu lly compensated through the Facility Operations Service Fee as defined in the Agreement for the Operation of Sonoma County Transfer Stations and Material Recovery Facility dated March 21. 2013 between The Ratto Group of Companies, Inc and Republic Services of Sonoma County, Inc. that has been subsequently assigned to Recology Sonoma Marin., Franchised Hauler agrees not to seek additional compensation from City or Contractor for the Franchised Hauler's costs of implementing and conducting the commercial Food Waste coll ection program for the Term of the Agreement.

4. Franchised Hauler shall commence the City-wide collection of dry commercial Mixed Waste from commercial Premises in the City when directed to do so by the City. The Franchised Hauler's costs of this program are being fully compensated through the Facility Operations Service Fee as defined in the Agreement for Operation of Sonoma County Transfer Stations and Material Recovery Facility dated March 21, 20 13 between The Ratto Group of Companies, Inc and Republic Services of Sonoma County, Inc. that has been subsequently assigned to Recology Sonoma Marin. Franchised Hauler agrees not to seek additional compensation from City or Contractor for the Franchised Hauler's costs of implementing and conducting the dry commercial Mixed Waste collection program for the Term of the Agreement.

5. Franchised Hauler shall defend and indemnify the City from and against any and all losses and liabilities associated with the Franchised Hauler's breach of this Agreement.

6. The parties acknowledge that the implementation of the Waste Delivery Agreement will result in an increase in the cost of disposal at the County Facilities. City agrees that Franchised Hauler may pass through the increase in disposal costs arising from and after the Effecti ve Date of the Waste Deli very Agreement. Franchised Hauler shall promptly notify City of the rate increase for each service provided by Franchised Hauler necessary to defray the increased cost of disposal at the County Facilities under the Waste Delivery Agreement.

7. This agreement shall bind Franchised Hauler and its subcontractors and affiliates and each of their respective successors and assigns. [Signature Page Follow!!i]
2 Agenda Item Number: 13 Agenda Item Number: 13
City Council Meeting Packet of: April 18, 2023

IN WITNESS WHEREOF, the parties have entered into this Franchised Hauler's Agreement To Be Bound by City's Waste Delivery Commitment.

Dated: 17. J 1.0 j 11

CITY OF SEBASTOPOL
CONTRACTOR:

REPUBLIC SERVICES OF SONOMA
COUNTY, INC., A DELAWARE

CORPORATION
FRANCHISED HAULER:

RECOLOGY SONOMA MARIN, A

CALIFORNIA CORPORAT ION
3 ecology ..

Reviewed by:
~
Legal
Agenda Item Number: 13 Agenda Item Number: 13
City Council Meeting Packet of: April 18, 2023

From: Danielle Connor <[email protected]> Sent: Thursday, March 30, 2023 11:29 AM
To: Diana Rich <[email protected]>; Neysa Hinton <[email protected]>; Mary Gourley <[email protected]>; [email protected]; [email protected]; [email protected]; [email protected] Cc: Casey Lanski <[email protected]>
Subject: Waste Management Contract
Hello,
I'm writing today in support of the City of Sebastopol continuing their contract with Recology, our current waste management company. As a California Certified Green Business in the food and beverage industry serving our community, one of my main daily focuses is waste and educating my team and customers. As you can imagine, my business uses a ton of disposable wares and I've made it our mission to cut down on waste and ensure I am making the best purchasing decisions on behalf of my customers while being mindful of the city's goals and ordinances around waste as well.

I have found working with Recology and specifically Ambrosia Thompson, Recology's Waste Zero Specialist, to be vital to not only my business' zero waste goals, but also our entire city. If we lose Recology, we lose Ambrosia who has been working with our community to achieve waste goals for years. Aside from working with Ambrosia, I have found that when I have a need Recology is quick to respond and do a fantastic job of keeping my rubbish area clean as well as our city trash cans. I also appreciate being in the community of Sebastopol, where we share climate goals and eco-friendly values and firmly believe that Recology is helping us - and will continue to help us to achieve them.

Ambrosia has been able to help me educate my team on the proper sorting of our trash, helped me find food service items that are genuinely compostable and meet the city of Sebastopol's strict Zero Waste Food Ware Ordinance. She has provided me with great education around what is actually compostable when it comes to to-go wares. In this day and age, there is so much PLA "plant plastic" being sold, marketed and even manufactured in our County as being commercially compostable when in fact, in Sonoma County, it is not. Ambrosia is out here educating us on all of this. As a small business owner navigating a sea of supplies to choose from, it's super helpful to know I can reach out to Ambrosia when I need guidance to ensure what I'm buying can actually be composted in our county.

In addition to all the education I've gotten from Ambrosia, she has gone above and beyond to help me educate other tenants in my building (of which there are almost 2 dozen people we share the rubbish area with) to make sure they are also sorting trash properly. She has helped me add locks to our dumpsters so outside people are not contaminating them with non-compostable or non-recyclable materials.

As the City of Sebastopol continues to make climate goals like the Climate Action Framework that was unanimously voted to be adopted in July of 2022, it's important to recognize that the choices made when it comes to waste management directly impact that. Continuing to work with companies who have shown us through their actions that they are reputable and reliable is important. Putting the contract out to bid and sacrificing this important relationship with Recology sends a confusing message to the businesses and people in our community. We need to extend our contract with Recology to keep our actions in line with our values.

Thank you,
Danielle & Casey
Owners, Retrograde Coffee Roasters
Agenda Item Number: 13 Agenda Item Number: 13
City Council Meeting Packet of: April 18, 2023

From: Shelley Brown <[email protected]>
Sent: Monday, April 3, 2023 3:24 PM
To: Ambrosia Thomson <[email protected]>
*LETTER FORWARDED TO AMBROSIA THOMSON FROM SHELLEY BROWN. SHELLEY BROWN ALSO SENT THE LETTER DIRECTLY TO SEBASTOPOL CITY COUNCIL MEMBERS*
Dear ,
We are perennial volunteers for Farm Trails, providing a greening program that diverts all the discards produced by the annual Gravenstein Apple Fair held at Ragle Park.

For the past six years that we have been involved, we have appreciated the outstanding support from Recology for the fair’s zero waste goals. In addition to a sponsorship, Recology has supported the fair with in-kind donation of bins and hauling services. Recology Waste Zero Specialist, Ambrosia Thomson, has provided on-site assistance and information during the fair, which has been instrumental in helping to educate vendors and the public about how to achieve zero waste.

During the past fair, attended by about 14,000 people, diversion resulted in a net of about one pick-up truck of true garbage. We could not have accomplished this without our local hauler’s support, and we want to recognize and thank Recology for its commitment to the community.

Sincerely,
Alan Siegle
Shelley Brown
Agenda Item Number: 13 Agenda Item Number: 13
City Council Meeting Packet of: April 18, 2023

From: Judith Morgan <[email protected]>
Sent: Monday, April 10, 2023 8:21 AM
To: Mary C Gourley <[email protected]>; [email protected] Subject: I support the renewal of Recology's contract
I am writing to support the renewal of the contract of Recology with the City of Sebastopol.

I am a resident of Burbank Heights and Orchards. Recology has been very supportive of the needs of our lowincome senior community. Ambrosia Thomson has visited our community on many occasions and answers questions from residents very often. She has enthusiastically supported our Zero Waste Program. She has provided our residents with compost buckets and bags for recyclable items. These bags help to deter the practice of putting plastic bags into the recycling containers. Her efforts have significantly reduced the amount of waste going to the landfill from Burbank Heights and Orchards.

Burbank Heights and Orchards has received good service from Recology. Damaged containers are replaced promptly. It is very uncommon for pick-ups to be delayed. The drivers are courteous and friendly. They are mindful of the safety concerns of driving through our senior community.

During the time Recology has been the waste hauler for Sebastopol, the ratio of pounds of total trash to the pounds taken to compost or recycling has dramatically improved. During the tenure of the previous hauler, over 50% of the waste went to the landfill, which amounted to over 7 pounds per person per day. This percentage violated State regulations. According to the most recent data available, the landfill waste per person per day has gone down to about 3.8 pounds per day. Through the efforts of Recology and the citizens of Sebastopol, a remarkable amount of energy has been saved and emissions prevented. What an accomplishment! Of course, it is hoped that working together with Recology, Sebastopol’s waste per person can be lowered even more. I have gained this information as part of my participation in the Zero Waste Working Group of the Climate Action Committee.

I enthusiastically support the renewal of the contract with Recology.

Yours truly,
Judy Morgan
Agenda Item Number: 13 Agenda Item Number: 13
City Council Meeting Packet of: April 18, 2023

From: Sunny Galbraith <[email protected]>
Sent: Monday, April 10, 2023 8:32 PM
To: Diana Rich <[email protected]>
Subject: concern about city seeking new bids for garbage hauling contract CAUTION:This email originated from outside of Recology. Do not click links or open attachments unless you recognize the sender and know the content is safe. Please forward to the Security Team at [email protected] if you are unsure.

Hi Diana,
I heard that the council is considering seeking new bids for the garbage/ recycle/ compost hauling contract, rather than simply renegotiating and updating the contract with Recology. I am concerned about this and wanted to express how happy I have been with Recology as a resident, educator, and zero waste advocate.

Back in 2016 I was part of a large coalition of environmental and labor organizations that worked together to get cities in the county to choose a new garbage hauler (previously the hauler for most of the region was Ratto). We organized a campaign to ask councils to select a hauler with both high labor and environmental standards, and were very happy when most councils in the county selected Recology.

Recology has been wonderful to work with. I have been coordinating my school's (Orchard View and Apple Blossom) compost and recycling program for 15 years, and have also helped Analy with their program. Since Recology became our hauler, they have been a huge support to both programs: donating supplies and signage, teaching lessons in our classrooms, helping student volunteers organize waste audits and zero waste upgrades, helping reduce waste at school events, helping coordinate edible food recovery programs with schools, and mentoring Sebastopol high school students for the annual SRJC Climate Action Night event.

Recology has also been an amazing partner in the City of Sebastopol's zero waste efforts: providing a Waste Zero specialist to serve on the Zero Waste and Climate Action Committees, assisting the committees with Agenda Item Number: 13 Agenda Item Number: 13
City Council Meeting Packet of: April 18, 2023

developing Zero Waste policies and event guidelines, and organizing zero waste efforts at events such as the Apple Blossom Festival and Gravenstein Apple Fair.

In addition to the amazing environmental advocacy and support that Recology provides, I am very satisfied with their residential hauling, education, and resources. I also appreciate that they are a great employer in our area. One of the students that I worked with 14 years ago on compost and recycling at my school (back when he was a fifth grader) just got hired as a Waste Zero Specialist with Recology. He is serving as a mentor for Analy students with this year's SRJC Climate Action Night event. It is wonderful that Recology provides living-wage jobs that allow our young people to be able to afford to live and contribute to the community in this area.

I think it would be a huge loss for our community if we were to lose the support and continuity of relationships with Recology, as well as the highquality jobs they provide.

I heard that this idea of soliciting new bids for the garbage hauling contract will be discussed at the April 18th council meeting, and I plan to share these same thoughts at public comment.

Thank you,
Sunny Galbraith
Agenda Item Number: 13 Agenda Item Number: 13
City Council Meeting Packet of: April 18, 2023

From: [email protected] <[email protected]> Sent: Monday, April 10, 2023 11:22 PM
To: Ambrosia Thomson <[email protected]>
*LETTER FORWARDED TO AMBROSIA THOMSON FROM BRANDON PARKHURST. BRANDON PARKHURST ALSO SENT THE LETTER DIRECTLY TO SEBASTOPOL CITY COUNCIL MEMBERS*
Dear Sebastopol City Council,
I would like to voice my support for renewing the garbage and recycling collection contract to Recology Sonoma Marin. I am a local resident and business owner in Sebastopol, which has given me an opportunity to interact with Recology in a variety of contexts.

As are many people here in Sebastopol, I am conscious of our waste footprint and its effect on our planet’s future. I’ve always made an honest attempt at my home and the restaurants I operate to maximize the amount of waste going into compost as a first option, and recycling as a second. Landfill is the bin of last resort.

Recology has done an excellent job of reinforcing this line of thinking with their pricing models and their outreach programs. Not only have they been responsive to our questions about compostable and recyclable products, but they’ve been proactive about making sure we’re handling our waste properly and effectively.

Garbage collection is an often overlooked utility – a vital resource in managing our landscape, both in our cities where waste is removed from, and in the spaces the waste is transferred to. Partnering with a waste management company that aligns with our values, those of minimal permanent landfill solutions, and maximizing natural compost, reusability and recycling, is key to ensuring a better future for our city and its children.

Please vote to renew Recology as our waste management partner.

Sincerely,
Brandon Parkhurst
Agenda Item Number: 13 Agenda Item Number: 13
City Council Meeting Packet of: April 18, 2023

Sebastopol Rate Comparison
Primary
Sebastopol Santa Rosa
South
Sonoma
County
West Sonoma
County West Marin
Windsor
(Comm.

MSW, RCY
& ORG) Cloverdale Cotati
Rohnert
Park Healdsburg Petaluma
Sonoma
Garbage Co.

Date Rates Effective: 7/1/2022 1/1/2023 4/1/2023 4/1/2023 4/1/2023 4/1/2022 12/1/2022 1/1/2023 7/1/2022 1/1/2023 7/1/2022 7/1/2022 Next Rate Adjustment: 7/1/2023 1/1/2024 4/1/2024 4/1/2024 4/1/2024 4/1/2023 9/1/2023 1/1/2024 7/1/2023 1/1/2024 7/1/2023 7/1/2023 Franchise Fee %: 13.4% 14.0% 11.0% 11.0% 18.0% 10.0% 12.0% 23.0% 15.0% 10.0% 22.0% Unknown MSW Disposal Rate/Ton:

So. Co. LF
$155.47
So. Co. LF
$155.47
So. Co. LF
$150.47
So. Co. LF
$150.47
Redwood LF
$74.39
So. Co. LF
$148.25
So. Co. LF
$155.47
So. Co. LF
$155.47
So. Co. LF
$155.47
So. Co. LF
$155.47
Redwood LF
$97.36 So. Co. LF
Residential
20 gallon $ 15.26 32.52$ $ 41.21 $ 41.22 $ 35.44 $ 24.99 24.81$ 18.62$ 14.84$ 22.55$ 14.83$ -$ 32 gallon 26.65 36.57 48.26 65.92 53.76 32.69 34.00 26.18 27.21 29.84 26.25 20.87 64 gallon 48.58 53.40 91.62 115.81 100.80 50.19 53.35 68.66 42.50 42.69 49.79 43.98 96 gallon 81.10 81.79 135.10 165.77 161.13 76.13 68.99 105.81 66.34 57.76 82.13 66.87 Commercial
32 gallon 42.13 50.89 48.26 65.92 59.09 237.55 49.36 37.82 27.21 42.88 46.06 - 64 gallon 56.89 101.81 91.62 115.81 118.28 250.96 95.89 75.59 42.50 66.37 80.08 - 96 gallon 83.12 152.84 135.10 165.77 177.36 319.88 142.52 113.41 66.34 81.32 114.18 -

1.5 yard 319.68 419.66 405.25 521.30 408.97 705.68 281.58 299.56 212.68 377.17 389.98 - 2 yard 380.60 512.11 507.47 655.26 506.36 878.87 351.87 396.25 283.69 472.81 458.13 266.98 3 yard 530.79 626.01 634.35 818.95 613.48 1,285.05 436.78 495.71 425.43 649.03 612.98 394.12 4 yard 602.21 783.51 754.71 974.29 474.85 1,629.17 515.56 590.37 567.28 809.32 673.47 522.39 6 yard 745.19 1,062.50 1,227.65 1,286.13 1,236.15 NA 746.33 937.11 850.97 1,032.96 921.71 - Agenda Item Number: 13 Agenda Item Number: 13
City Council Meeting Packet of: April 18, 2023