Sebastopol City Council
February 20, 2024

CITY OF SEBASTOPOL CITY COUNCIL
AGENDA ITEM REPORT FOR MEETING OF: February 20, 2024
=========================================================================================== To: Honorable Mayor and City Councilmembers
From: Ad Hoc Committee Garbage Franchise Agreement
Subject: Report out/Recommendation on City of Sebastopol Garbage Franchise Agreement =========================================================================================== RECOMMENDATIONS:

1. Terminate further negotiations with Recology for a long-term extension of their Franchise Agreement;

2. Direct and authorize staff to prepare and execute a contract with R3 Consulting Group, a solid waste management consultant, to manage procurement for hauler;

3. Approve Resolution for Budget Amendment for *$200,000 for R3 Contract to be paid from the unassigned fund balance.
*The General Fund will be reimbursed through a one time procurement reimbursement from selected hauler.

4. Authorize staff to formalize with Recology the additional short term extension (Recology has agreed by email to the City to an additional six month extension to June 2025) to the current Recology contract to allow for a 15 month process for the hauling services RFP;

5. Authorize City staff to negotiate with Recology an additional three month extension (through September 2025) allowing for a minimum of 18 months for a RFP process; (As of the writing of this report, staff has not heard back from Recology on this request);

6. Issue a Request For Proposal for hauling services (“hauling services RFP”) to include preparation of a new Solid Waste and Recycling Services Franchise Agreement in anticipation of the expiration of the existing franchise agreement;

7. Dissolving of the current Ad Hoc Committee. If a future ad hoc committee is required, City staff will return to the City Council with an agenda item with that request.

Staff concurs with these recommendations.

EXECUTIVE SUMMARY:

Despite extensive efforts over numerous months to protect residents and businesses from substantial rate increases, and as a result of unsuccessful negotiations between the City of Sebastopol and Recology, the Ad Hoc Committee recommends pursuing a competitive process for future hauling services. We believe that this provides the best opportunity for quality services at reasonable rates.

BACKGROUND AND DISCUSSION:

The City’s solid waste franchise agreement is a long-term commitment with a significant contract value, the cost for which is ultimately borne by City of Sebastopol residents, businesses and the City as part of the rates paid for solid waste collection services.

On December 16, 2008 the Council 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 street sweeping 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, 2024.

A copy of the Agreement can be found in Attachment 1.

Agenda Item Number: 7
Agenda Item Number: 7
City Council Meeting Packet for Meeting of: February 20, 2024

On April 18, 2023, Council established an ad hoc committee consisting of Councilmembers McLewis and Maurer along with the City Manager and Assistant City Manager, City Attorney, Public Works Superintendent, Administrative Services Director and GHD Engineering Staff. The purpose of the ad hoc committee (“committee”) was to review a proposal from Recology for a new Franchise Agreement to extend garbage hauling and recycling services and to negotiate terms and service rates for the City. At that Council meeting, Recology committed to working in good faith with the City and agreed to continue to provide garbage services to the City during the negotiation process up to one year from the Agreement’s expiration date, or December 31, 2024. A copy of the letter from Recology stating this one-year extension is included as Attachment 2.

To ensure the best outcome for these services, the Ad Hoc Committee met 12 times over the past 10 months; some meetings were with the Recology representatives and some meetings were only with the Ad Hoc Committee to discuss the negotiations as well as review of the various versions of their proposal for garbage and recycling (hauling) services. After multiple discussions and input and participation from all committee members as well as Recology representatives, It became apparent that Recology and the committee could not come to agreement on fair and reasonable rates and services that the committee could recommend to the City Council and community.

This committee has made significant effortsto protect residents and businessesfrom substantial increasesin rates.

Proposals from Recology ranged from raising residential rates from 1% to 53% above the average of other cities in Sonoma County, or 30% on average, in the first year and raising commercial rates from 2% to 39% above rates in the other cities, with rates on average 23% higher; where another proposal would have raised rates on average by about 50% over four years. These proposals included a 15 year extension of the Franchise Agreement. In January 2024, the City received the latest proposal from Recology which is shown as Attachment 3. A comparison to other Sonoma County cities is shown at Attachment 4.

Recology is claiming that they are losing $1 million a year in Sebastopol. While we cannot verify these numbers, we believe that they may well be losing money as their contract is based on our agreement with Ratto (the prior hauler), which had a lower cost structure, was not unionized, and had an aging fleet of trucks and equipment that were in need of upgrades and efficiencies, as well as they faced regulatory and financial issues at that time.

While negotiations have not been successful, Recology has agreed via email to a further six month extension at the current terms and conditions, with a CPI adjustment if the City pursues the RFP process. This would extend the expiration date to June 30, 2025. This extension is needed as the City has 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. With the extension to June 2025, this would provide at least 15 monthsfor a RFP process. City staff would request a formal letter of extension through June 2025 from Recology.

A typical competitive procurement takes approximately 18 months, including the contracting process, possible service provider transition including time for a potentially new hauler to order and receive new trucks and equipment, hire and train drivers, change-out of customer containers, perform customer outreach, and conduct transition activities related to customer billing. It is recommended that City staff work with Recology for an additional three month extension allowing for an 18 month RFP. Staff is also recommending that the Council authorize City staff to prepare and execute the contract with R3 that would allow the RFP process to begin immediately with the assumption of a 15 month process.

Agenda Item Number: 7 Agenda Item Number: 7
City Council Meeting Packet for Meeting of: February 20, 2024

STAFF ANALYSIS:

As negotiations have come to a stand still, the committee is recommending that the City solicit competitive proposals from haulers. An RFP would:
• Provides greater confidence that the City has obtained the greatest value; • Provide assurance to the public that the contractor was selected in a fair manner; • City benefits from the technical creativity of several firms in identifying a menu of program and service options;
• Potentially allow the City to choose from several haulers; There are disadvantages of soliciting competitive proposals from several haulers such as:
• In theory having more than one solid waste hauler submit proposals would inspire competition and result in the best service for the lowest rate. In reality each hauler negotiates the lowest rate they are able to offer their services. This could result in higher rates than those that have been proposed during the current negotiations. There have been occasions where cities who extended contracts had lower rates than those who went through a competitive procurement. While this risk exists, on balance we believe that an RFP is the better approach.
• Competitive procurements for franchise agreements are major projects requiring considerable amounts of staff time. Hiring R3 to manage the process makes this effort viable; City staff lack the expertise and time to take this on directly.

Overview of Potential RFP Process
If the City were to issue an RFP for solid waste services, we recommended that the city contract with a firm specializing in these types of RFPs (and there are very few firms that actually do this work), and the firm would need to prepare and distribute an RFP package to potential proposers, and evaluate and score the haulers’ proposals. The RFP package would include everything the proposers would need to prepare a comprehensive proposal. After submittal, the firm will help the City evaluate and score the proposals, and depending on the results of the evaluation, the City Council would authorize the firm and City staff to negotiate a final agreement, which would be presented to the City Council for approval.

City staff reached out to vendors to provide a Statement of Qualifications and Letter of Interest regarding assistance vendors have provided to various cities in Sonoma County and throughout California. Only one vendor responded (R3) (Attachment 5). The City did reach out an additional vendor recommended to the City but there was no response from that vendor. After receipt of the letter of interest from R3, the Ad Hoc Committee interviewed the vendor and found their experience and knowledge of solid waste procurement contracts would be a valuable asset to the City for all matters related to the Request for Proposals.

R3 has worked with most if not all cities in Sonoma County, and has a universally positive reputation. Every procurement in Sonoma County in the last ten or more years that we are aware of has been managed by R3.

These procurements are highly complex and at times subject to legal challenges. Having a firm specializing in this work will allow us to run a procurement with expertise that will reduce risks of a legal challenge. Also, R3’s expertise will help us negotiate better rates. The cost of their contract will likely more than pay for itself over the Franchise Agreement term due to better rates and higher value services than we would be able to obtain should staff run the process. A copy of their proposal is Attachment 6.

City staff also reached out to neighboring cities to ascertain if they were open to the idea of a combining efforts to create economies of scale and possibly better rates; however, due to scheduling or timing of their current negotiations, it was determined that it would not be possible at this time to combine efforts.

Agenda Item Number: 7 Agenda Item Number: 7
City Council Meeting Packet for Meeting of: February 20, 2024

COMMUNITY OUTREACH:

This item has been 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. The City has also used social to promote and advertise the City Council Meeting Agenda Items.

FISCAL IMPACT:

If the Council approves the procurement process and selection of R3 for RFP services, the anticipated cost of the R3 contract would be approximately $150,000.00 to $250,000 (this amount would also include reimbursement for city staff and city attorney time). Payments to the consultant would be paid over the course of this fiscal year and next fiscal year, therefore encumbering the FY 24-25 City budget and requiring a budget adjustment in the current Fiscal Year (Attachment 7). The RFP for solid waste Franchise Agreement would include a requirement that the selected provider pay the City a one-time procurement reimbursement payment due to the City within 30-days of Franchise Agreement award. The reimbursement payment would cover the cost of R3’s services and reimbursement for City Staff and City Attorney time; therefore, it is estimated the total reimbursement from the provider would be between $150,000 to $250,000. If the amount goes above $200,000 as requested in the budget amendment, City staff will return with that information in the new fiscal year. However, as noted, these costs are reimbursements to the City through the hauler and although the City would pay the consultant costs first, those costs as well as city staff time would be recouped through the one time procurement reimbursement payment.

OPTIONS:

1. The Committee discussed an option to contract with R3 to conduct a detailed review of Recology’s rates to be paid for by Recology and not the City, but that will take considerable time and this committee does not believe it would be fruitful to do so;

2. Not approve contract with R3 to conduct the RFP process. We do not recommend this as it is imperative that having a firm specializing in this work will allow the City to run a procurement with expertise that will reduce risks of a legal challenges.

3. The City can accept the latest Recology proposal. We do not recommend this because the rates in any of the proposals submitted would be substantially higher than today.

ATTACHMENTS: Summaries of Recology Proposals
Attachment 1. Recology Franchise Agreement
Attachment 2. Letter of Extension To December 2024
Attachment 3. Latest Recology Proposal/January 2024
Attachment 4. Comparison Sheet/Graphs
Attachment 5. R3 Letter of Interest
Attachment 6. R3 Proposal for RFP services
Attachment 7. Budget Amendment Resolution
APPROVALS:

Department Head Approval: Approval Date: 2-14-2024
CEQA Determina�on (Planning): Approval Date: 2-14-2024
The proposed ac�on is not a project under the California Environmental Quality Act (CEQA) Administrative Services (Financial) Approval Date:__2-15-2024_________ Costs authorized in City Approved Budget: ☐ Yes ☒ No ☐ N/A Account Code (f applicable) _______________________________ Agenda Item Number: 7
Agenda Item Number: 7
City Council Meeting Packet for Meeting of: February 20, 2024

City Attorney Approval:

City Manager Approval:

Approval Date: 2-14-2024
Approval Date: 2-14-2024
Agenda Item Number: 7
Agenda Item Number: 7
City Council Meeting Packet for Meeting of: February 20, 2024

ATTACHMENT 1
ResolutionNumber 5723
A Resolution ofthe City Council of the City of Sobastopol Approving the Franchise Agreement behileen the City of Sobastopol and Redwood Empire Disposal,lnc for Solid Wastq Recyclable and CompostableMaterials Collostionand Street Sweeping Sorvicos WHEREAS, the Sebastopol City Council desire"s to maintain effeotive solid waste disPosal services for City residonts; and
WHEREAS, the City Council firlty supports the reduction of solid waste disposal in kodfills through recycling and reuse ofmaterials; and
WHEREAS, on Novembor 18, 2008, the City Council received a presenbtion by Redwood Empire Disposal requesting an extension to the Solid Waste/Rocyoling Franchise Agreemont wift Redwood Empiro Disposal Inc;
WHEREAS, on November 18, 2008, the City Council aufirorired staffto complele negotiations with Redwood Empire Disposal Inc and bring a recommended fianchise agreemont back to tre City Council for approval and to hold a public hearing on the rate ohanges; and WHEREAS, negotidions with Redwood Empire Disposal Inc have resulted in an agreement for more services that will furlfrer roduoe solid waste af lower costs to residents; and WHEREAS, the franchise agr€ement provides for a serice plan that will use split body trucks to reduce greenhouse gas emissions and the impact oftrucktraffic on Crty stnesb by reducing travel tips; and WHEREAS, a public hearing has been duly noticed and held on Decomber 16, 2008 on the subject rate changes.

NOW" TIIEREFORE BE IT RESOLVED, the Sebastopol City Council does hereby approve the Franchiso Agreementbetween the City of Sebastopol and Redwood Empire Disposal,Inc for Solid Waste, Reryclablo and Compostrble Materials Collection and St'eet Sweeping ServicesBE IT FURTI{ER RESOLVED that all agreements are hereby rescindod.

IN COLNCIL DLJLY PASSED this 16fr day of December,2008. ! the undersigne4 hereby certify that the foregoing Rpsolution was duly adopted by City of Sebastopol City Council following a roll call vote:

City of Sebastopol City Council:

Ayes: Councilmembers Roblnson, 9'Iilson, Shaffer, Kelley and Mayor Gurney Noes: None
Abstain: None Absent None
ATTBST:

APPROVED:

Agenda Item Number: 7
Agenda Item Number: 7
City Council Meeting Packet for Meeting of: February 20, 2024

Agenda Item Number: 7
Agenda Item Number: 7
City Council Meeting Packet for Meeting of: February 20, 2024

CoTTpCTIONT SnRvICeS AGREEMENT

BETWEEN
TI{E CTTy OF SEBASToPoL
A}ID
REPWOOD EMPIRE DISPOSAL, INC.

FOR

SOLID WASTE, RECYCLA TB &

COMPOSTABLE MATERIALS COLLECTION
AND
SrnBnr SwEEpING SeRvTcBs
DECEMBER 5,2008
Agenda Item Number: 7
Agenda Item Number: 7
City Council Meeting Packet for Meeting of: February 20, 2024

TABLE OF CONTENTS
LIST OF EXHIBITS ....x
ARTICLE 1. DEFI}ITIONS

AGREEIIENT
Btr,LTNGS
BrN SenvrcE....

I
I
I
I
I
I
1 1.1
t.2

1.3 1.4

1.5 1.6
t.7

1.8 1.9

1.10 1.11
r.t2

1.13 t.l4
l. t5

1.16 l.l7

1.18 1.19
t.20
t.2t
t.22

1.23 t.24
t.25

1.26 BULKY ITEM
Cenr(s).......

Canr Senvrcn......

Cnv...

CoLLECTIoN
CoMNcRctnt BusnmSS.............

CoN{PACTOR...

CorwosresrE, CoNteINER...........

CorlPosrABl,E Merentars

CONDOSTTNG FACILITY
CoNrnecroR.............
coNsrnucrloN AND DUrAOllrtoN DgsRIs (C&D Dnnrus)....

CungsrDe........

DEBRIS BOX
Dertvenv
DESIGNATEp WESTE
Drsposal (oR DrsPosE) ............

Drsposer, SIrE(s)
ExTRAS
FRANcIIISE Fee...........
3 3
.3
.3
......3
...3
...-.J
.3
.J
.4
.4
.4
.2
.2
.2
,)
.2
.2
.2
.2
GrxeneroR...........
u City of Sebastopol
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t.27
r.28

1.29 1.30
l.3l
t.32

1.33 t.34

1.35 t.36

1.37 1.38

1.39 1.40
t.4l
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t.43
r.44

1.45 t.46
r.47
t.47

1.48 1.49

1.50 l.5 t
r.52

1.53 1.54
GRoSS REVENUES

HANDLTNG
HazaRoous SuesraNce
HAZARDOUS WASrg
HousEHoLo Flezennous WasrE ...............

INDUSTRIAL
INFEcTIOUS WESIP

LEGISLATION
MULTI-FAMILY RESDENTIAT COIVPLEX..........

OccupnNr
OwNsn....

PERSON

PREMISES
PRocESSrNG.......................

PROcESSINC FACN.NY
REcycLINc CoNrerNER..............

RncvcI.eele Mernnnls (also "REcYcLABLES")....

REcYCLING
....4
....4
....4
........5
5 ......5
......5
......)
......5
.5
.5
...5
...6
.....6
......6
...6
.6
........6
REFUSE
Rolr,-Orr/CowecroR Rrruse Spnvtce...

Roll-Orr CoNreINBn
Snqcr.E-FeMILy RESIDENcE ..............

Svelt Corlo,GRcIAL GENERAToR.................

SouRce SepenersD CoNSTRUCTION eNO DTVOLITION (C&D) MarpRnLS Tnrrponanv Desnts Box SenvIcE ...................

TRA}.ISFER STATION...

TRANSPORTATION

WHITS GOODS
6 7
,.......7
7 1
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........7
........7
..8
........8
.8
ARTICLE 2. REPRESENTATIONS AND WARRANTIES OF THE CONTRACTOR....,.......9

2.1 Conponere Srerus 9
ut City of Sebastopol
Agenda Item Number: 7
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City Council Meeting Packet for Meeting of: February 20, 2024

2.2 CopeoRere AUTHoRTZATTON (oR PeRnrensFtrP, ASSOCIATION On JOWT VpNrune AuruoR:zartoN)

2.3 AGREEMENT WILL NOT CAUST BNBECH.

2.4 NoLrrrGATroN.............

2.5 No ADvERSB Juplcrer DBcIsloNs...
9 9
9 9
2,6 ABILITY ro PnnnoRu
ARTICLE 3. TERM OFAGREEMENT
ErrBcrrvn Da:r
CorsorrroNs ro EppncrIVENESs or AcngelvrsNr

3.2. 1 Accuracy of Representations.....

3. 2. 2 Absence of Litigation...........

3.2.3 Efectiveness of City Council Action.........

3.1 3.2

3.3 3.4
...,,,..'..1 I
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''.....,.,. l 1
10 11
1r
il
11 t2
t4
t4
15 OprroN ro ExreuP Tnnna ..........1 I
ARTICLE 4. SCOPE OF AGREEMENT t2

4.1 ScopsoFAGREEMENT......,........

4.2 LnanertoNs To ScoPE...................

ARTTCLE 5. COLLECTION SERVICES ...............

5.1 5.2
GnNERAL.

REFUSE SERVICES.

5.2. I Single-Family Residential Refuse Service..,...

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

5.2.3 Commercial Refuse Service ....
............12
.14
.,.,'.14
......14
......14

5.3 ttEcycLINGSERVICES...............

5.3. 1 Single-Family Residential Recycling Service

5. 3.2 Multi-Family Complex Recycling Service.....

5.3.i Comrnercial Recycling Program...

5.4 COMPOSTABLEMATERTALSPROGRAM.

5.4. I Single-Family Residential Compostable Materials Program.... .......... /5
...',,.'..1 5
''',,..',,1 5
..........16
.'.,..,..' 16
tv Ctty of Sebasropol
Agenda Item Number: 7
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5.5 UsBo MoroR OIL CoLLEcTIoN Pnocnau

5.5.1 Single Famrly Residences

5. 5. 1 Multi-Family Residences ............

5.6 Cnnrsrnaes Tnng Dnoporr

5.7 Housnnolo ArxelrNe Berrnnv RncvcuNc PRocRAM

5.16.4 Inventory..

5. I 6. 5 Cleaning and Maintenance...........

5.16.6 Operation..

5.17.1General

5. I 7. 2 Refuse Cart Containers.........

5. 1 7. 3 Refuse Bin Containers...........

5. 1 7. 4 Recycling Containers
..........16
r6
l6
t7
20 ..........17

5.8 Brnry ITEM Cor-lrcuoN Pnocnnu ...........17

5.9 Creex UP Bnr Ssnvtcr .. 17

5.10 CITYFACN.ITES ...............1 8

5.1 I CollrcrloN FRou Clrv SpoNsoRED EwNrs..... 18

5.12 REMOVAL OF HAZARDOUS WRSrr ..............18

5.I3 TRANSPORTATIoN oF RIFUSE, RTCYCLASLE METSRIALS AND COTIPOSTABLN MarsRIALs............... ..............r.. ..............18

5.14 PROCESSTNG OF REFUSE, RECYCLABLE MATERTALS, AND COTWOSTASLE MATERTALS...I8

5.15 Corl-scrtoN Srewomos......... 19

5. 1 5. I Care of Pr ivate Property ............... ....19

5. 1 5.2 Litter Abatement. 19

5. I 5. 3 Hours of CoLLection................... ....19

5.15.4 Noise..... I9

5. I 5. 5 Holiday Collection Schedule. .,,...19

5.16 VnHtcrss .20

5.16.1 General 20

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

5. 1 6. 3 Vehicle ldentification.......... 2A
................... 20
20 ......21
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v City of Sebastopol
Agenda Item Number: 7
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5.17.5 Compostable Materials Cart Service Containers

5. I 7.6 Repair and Replacement.........

5.I8 EPUCANONANDRECYCLING/RE.USE SUPPORT

5.18.1 New Customer Start Up Packct

5. 1 8. 2 Informational Newsletters........,

5.18.3 Ongoing Education and Outreach

5.19 PsnsoNNEL..........

5.19.1 General

5. I 9. 2 Driver Qualifi catiol1s...............

5. I 9.3 Ssfrty Training...

5. 1 9. 4 No Gratuities...............

5. 1 9. 5 Employee Conduct and Courtesy..............

5.19.6 Provision of Field Supervision.....

5. 1 9.7 Customer Service/Billing Liaison.....

ARTICLE 6. STREET SWEEPING SERVICES........

6.1 StreetSweepingMethodology.............

6.2 Street Sweeping Equipment

6.3 Operator Responsibilities........

ARTICLE 7. OTHER RDLATED SERVICES AND STAI\IDARDS
...,.,,,..,23
.,...,',..,23
..'..','..,23
.'....,,.'.23
,,'.,,,,,.,23
...........24
24 ...........24
22 24
24 25
25 25
28 29
.26
.26
.26
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.28

7.1 7.1.r

7. t.2

7.1.3 7.1.4

7.1.s

7.2 7.3

7.3.1 7.3.2
Brlrmc...

Charges and Rates.

Productton of Invoices
Partial Month Service.....

Past Due Accounts.....

Annual Prepayment....................,
SBRvrce Rarn El,ntvrsNrs
ADruSTMENTS TO MAXVTUU COLTSCilON SNRVICT RATES
Adjustment to Collection Component .....-..
.....28
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28 .,..,..,29
..29
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RN Adjustment .................... .,....,..29
vt City of Sebastopol
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7. 3. 3 Adjustment to Disposal Component..............

7. 3. 4 Disposal Element rate Adjustments...............

7.3 ADruSTIIGNTS TO MEXUUTT,T COT,I,ECNON SERVICE RAIES 8,2 REPORTS

8.2.1 General

8.3 ANNUAL REPORTS

8. 3. 1 Annual Report Requirements .................... ,.............3 I
..............3 I
.,..,,.,......32
.....',......,32
..34
..34
30 33
33 37
ARTICLE 8. RECORDS

8.1 GpwpRar,.
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
.........JJ
...........34

8.4 8.5

8.6 8.7

8.8 8.9

8.10 8.11

9.1 9.2

9.3 FINANCIAL INFORMATION...........

DrvpnsroN PRocnaus
RrcgrTO INSPECT RECORDS .

NSPNCUON BY CITY
PUSUC/CUSTOMER SSNVTCE ENO ACCBSSIBILITY..
...35
...35
35 35
35 36
.35
.35
.36
.36

8.8.1 Office Location......

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

8.8.3 Availability of Representatives ....

8.8.4 Telephone.

Tlfl,s To REFUSE
REpoRT OF ACCUMULATION OF RerUSn; UNAUTHOmZED DUMPING...............................36 ARTICLE 9. FRANCIIISE FEE, AB 939 AI{D OTHER FEES .36
NON-DISCRIMINATION .....

FRINCTUSB FEE.

OrlrenFeBs
AorusrWNT TO FEES.
......37
......37
ARTICLE 10. TNDEMI\-ITY, INSURANCE, FATTHFIIL PERFORMANCE ......... 38

10.1 AB 939 INDEMNIFICATION.... ..........38
vii City of Sebastopol
Agenda Item Number: 7
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City Council Meeting Packet for Meeting of: February 20, 2024

I 0.2 INSURANCE...........

I 0. 2. I Minimum Scope of Ins urance.......,.......

I 0. 2. 2 Mintmum Limits of Insurance ..............
1 0. 2. 3 D eductibl e s and Self- Iraure d Retentions

10.2.4 Other Insurance Provisions
I 0. 2. 5 Acceptabil ity of Insurer s ............

10.2.6 Verification of Coverage
I 0. 2.7 Re quired Endorsements
ARTICLE 11. DEFAULT AND REMEDIES
EvENTS OF DEFAULT..............

RICHI TO TERMINATE TIPON DETNULT..

PossgsSTON OF PROPERTY UPON TERMTNATION ...........

Crty's Revgoms Cuvulerlve; SpectFlc PERFoRMANcE
LreuDareD DAMAGES ..........

ExCUSE FROM PERTONN4ENCE
RIcHT TO DEMAND ASSURANCES OF PERTORUANCE......

ARTICLE 12. OTHER AGREEMENTS OF THE PARTIES..
....42
38 38
38 38
39 39
39 40
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I 1.1

11.2 I 1.3
tt.4
1 r.5
I 1.6
tt.7

12.1 12.2

12.3 t2.4

12.5 12.6

12.7 12.8

12.9 12.10
t2.11

12.14 t2.15

RELATIONSHIP OF PANTIES
ConapuaucE wITH LAw...

GovenlflNc LAw......

JuRrsDrcrroN...........

GuaneNrv oF CoNTRAcToR's PeRronveNcg
ASSIGNMENT.............

SuecolrrrRAcrlNc.......

BNoTNCON SUCCESSORS
TRaNsrrroN To NExr Conrnecron.....

PaRtrEs rN INTEREST.............

WATVER..

Nonce....
45 69
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City of Sebastopol
RepnTSENTATIVES OF T}IE PARNES
vlu
Agenda Item Number: 7
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City Council Meeting Packet for Meeting of: February 20, 2024

LIST OF EXHIBITS
A
B
c
D
E
F
G
H
I
J.

City Service Locations
Battery Bucket Locations
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IT City of Sebastopol
Agenda Item Number: 7
Agenda Item Number: 7
City Council Meeting Packet for Meeting of: February 20, 2024

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38 ARTICLE I.

DEFINITIONS
For purposes of this Agreement, unless a different meaning is clearly required, the following terms shall have the following meanings and be capitalized throughout this Agreement:

1.1 Acnrpunxr
"Agreement" means this Collection Services Agreement between the City and Contractor, for Collection and Transportation of Refuse and Compostable Materials to a City designated Disposal Site or Composting Facility and Collection and Processing of Recyclable Materials, including all exhibits, and any future amendments hereto.

I.2 Bnr,ruc
"Billingu means any and all statements of charges for services rendered, howsoever made, described or designated by City or Contractor, to Owners or Occupants of properly, including residential property and commercial, Industrial, and institutional property, serviced by Contractor for the Collection of Refuse, Recyclable Materials, and Compostable Materials.

1.3 Bllv(s)
"Bin(s)" means a metal container with hinged lids and wheels serviced by a frontend loading truck with a capacity of 1 to 6 cubic yards.

I.4 BIN SERVICE
"Bin Service" means that service provided to Commercial Businesses, MultiFamily Complexes, or Single-Family Residences generating large volumes of Refuse and which place that Refuse in a Bin or Bins.

1.5 Bur,xY IrBu
"Bulky Item" means unwanted household appliances, furniture, tires, carpet, mattresses, and similar large items, which require special Handling due to their size, but can be collected without the assistance of special loading equipment (such as forklifts or cranes) and without violating vehicle load limits. It does not include abandoned automobiles.
r.6 C^Lnr(s)
"Cart(s)" means a City-approved plastic container with a hinged lid and wheels serviced by an automated or semi-automated loading truck with varying capacities of twenty (20), thirly (30), sixty (60), or ninety (90) gallons or their equivalents.

1.7 Cenr SERvrcE
"Cart Service" means that service provided to Single-Family Residences, Multi Family Residential Complexes, and Commercial Businesses which places Refuse andlor Recyclable Materials andlor Compostable Materials in Carts.

City of Sebastopol Collection Services Agreement

1. December 5, 2A08
Agenda Item Number: 7
Agenda Item Number: 7
City Council Meeting Packet for Meeting of: February 20, 2024

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1.8 Crrv
"Cityu means the City of Sebastopol, a municipal corporation, and all the territory lying within the municipal boundaries of the City as presently existing or as such boundaries may be modified during the Term.

1.9 Cr,nax Ur Bnr
"Clean up Bin(s)" means a metal container with hinged lids and wheels serviced by a front-end loading truck with a capacity of I to 6 cubic yards provided on a temporary basis to any Generator requiring additional service on a temporary basis to facilitate a clea up or special event.

1.10 Cor,r,ncrrox
"Collection" means the removal and tansportation of Refuse from the place where it was generated to a Disposal Site and/or the removal and Transportation of Recyclable or Compostable Materials from the place where they were generated to a Processing Facility.

1.1I CoUUNRCIALBUSINESS
"Commercial Business" means any business property upon which business activity is conducted, including but not limited to retail saleso services, wholesale operations, manufacturing and Indusnial operations, but excluding businesses conducted upon residential property which are permitted under applicable zoning regulations and are not the primary use of the property.
l.l2 coupecron
"Compactor" means a mechanical apparatus that compresses materials.

Compactors include but are not limited to 2- to 4-yad Bin Compactors serviced by front-end loader trucks and 6- to 40-yard Debris Boxes serviced by roll-offtrucks.

1.13 Couplarnr
"Complaint" means written or orally communicated statements made by members of the public, customers of the Contactor, or offrcers, employees or agents of City alleging non-perfonnance or deficiencies in performance of Contractor's duties and obligations under this Agreement, or otherwise alleging a violation by Conhactor of the provisions of this Agreement.
l.l4 CouposrABLEConranrnR
"Compostable Container" means a Cart or Bin used by a Generator to store and contain Compostable Materials Collection from a designated location.

1.15 CouposrABLEMernruals
"Compostable Materials" means grass cuttings, weeds, leaves, prunings, branches, dead plants, brush, tee trimmings, and dead trees that may not exceed six (6) inches in diameter and four (4) feet in length.
means materials that will decompose and/or putref. Compostable Materials may include vegetable waste, fruit waste, grain waste, non-recyclable paper waste and yard waste. Additional materials may be included upon mutual agreement.

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Agenda Item Number: 7
Agenda Item Number: 7
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1 No discarded material shall be considered to be Compostable Materials, 2 however, unless it is separated from Refuse and Recyclable Materials. 3 1.16 CotrposuNcI'AcILITY
4 "Composting Facility" means a facility designated by the City, which processes 5 Compostable Materials.
6 t.l1 Conrnacron
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 1.18 CoxsrRucrroN AND DEMoLITroNDrnnrs (C&D Dnnnrs)
11 "Construction and Demolition Debris" means used or discarded construction 72 materials removed from residential, commercial, or Industrial Premises during the 13 conshuction or renovation of a structure. "Construction and Demolition Debris" may 1,4 include mixed components such as dirt, concrete, asphalt, and rebar, wood, roofing tile, 15 and concrete, or other such C&D materials.
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17 "Curbside" means the location of a container for pickup, not more than five (5) 18 feet from the sheet 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 1.20 DrsRrs Box

21. "Debris Box" means an open-top metal container serviced by a roll-offtnrck with 22 a capacity of 6 to 40 cubic yards.
23 l.2l Dnr,rvrnv
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 26 Collection.
27 1.22 Desrcx^ltED WAsrE
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 trI Disposal Sites pursuantto 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 Section2522.
34 1.23 Drsposal(oRDIsPosE)
35 "Disposal (or Dispose)" means the final disposition of Refuse collected by the 36 Contractor at a Disposal Site designated by City.
37 1.24 Drsposl,l, SrrE(s)
38 "Disposal Site(s)" means the facility or facilities designated by the City for the 39 Disposal of Refuse collected by the Contactor.

City of Sebastopol Collection Services Agreement December 5, 2008 3 Agenda Item Number: 7
Agenda Item Number: 7
City Council Meeting Packet for Meeting of: February 20, 2024

't 1.25 ExrRAs
2 "Fxtras" means services provided to customers in addition to their regular 3 service. Such services and their costs shall be approved by Ctty 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 1.26 Fruxclnsn 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 dghts of way granted by this Agreement. 9 1.27 Gnxpn^l,ron
10 "Generator" means any Person whose act or process produced Refuse, 11 Recyclableo or Compostable Materials.
12 1.28 Gnoss REVENUES
13 "Gross Revenues" means the total amount billed to customers by Contractor on 1,4 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 1,6 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 1.29 Hlxor,rxc
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 I..30 HAZARDOUS SUBSTANCE
24 "Hazardous Substance" means any of the following: (a) any substances defined, 25 regulated or listed (directly or by reference) as "Hazardous Substances," "hazatdous 26 materialsr" "Hazardous Wastesr" "toxic waster" "pollutant" or "toxic substances," or 27 similarly identified as hazardous to human health or the environment in or pursuant to 28 (D the Comprehensive Environmental Response, Compnsation 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 3L Recovery Act,42 USC $6901 et seq.; (iv) the Clean Water Act 33 USC $1251 et seq.; 32 (v) California Health and Safety Code $$251,15-25117,25249.8,25281, and 25316; (vi) 33 the Clean Air Act, 42 USC $7901 et seq.; and (vii) California Water Code $13050; O) U 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 pollutanl identified as hazardous ortoxic or 37 regulated under any other applicable federal, state or local environmental laws currently 38 existing or hereinafter enacted, including, without limitation, friable asbestos, 39 polychlorinated biphenyl's ("PCBs"), petroleum, natural gas and synthetic fuel products, 40 andby-products.

City of Sebastopol Collection Services Agreement
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Agenda Item Number: 7
Agenda Item Number: 7
City Council Meeting Packet for Meeting of: February 20, 2024

1.31 HAZARDOUS WaSrn
"Hazardous Waste" means all substances defined as Hazardous Waste, acutely Hazardous Waste, or extremely Hazardous Waste by the State of Califomia in Health and Safety Code $251t0.02, $25115, and $25117 or in the future amendments to or recodifications of such statutes or identified and listed as Hazardous Waste by the U.S.

Environmental Protection Agency (EPA), pursuant to the Federal Resource Conservatioa and Recovery Aet (42 USC $6901 et seq.), all firture amendments thereto, and all rules and regulations promulgated thereunder.
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HOUSEHOLD HAZARDOUS WASTE
"Household Hazardous Waste" means Hazardous Waste generated at residential Premises within the City.

1.33 lxpusrnnr,
"Industrial" means manufacturing or technical productive enterprises.

I.34 INFECTIOUS WASTE
"Infectious Waste" means biomedical waste generated at hospitals, public or private medical clinics, dental offices, research laboratories, pharmaceutical industries, blood banks, mortuaries, veterinary facilities, and other similar establishments that are identified in Health and Safety Code Section2lll7.5.

1.35 LEGISLATION
"Legislation" means any code, ordinance, resolution, or any other formal enactnent of the goveming body of the City, which now exists, or which may hereafter be adopted which constitutes law or regulation governing the operation of the Confractor.

1.36 MUITT-FEMILYRESDENTIALCOMPLEX
"Multi-Family Residential Complex" means any residential complex, other than a Single-Family Residence, used for residential purposes, including but not limited to two to six (2-6) unit complexes, apartment buildings, mobile home ptrk, condominiums, and other residential complexes over six (6) units.

1.37 Occupmr
"Occupant" means the person who occupies Premises.

1.38 OwNER
"Owner" means the person with the legal right to the possession of land or building.

1.39 Pnnsox
"Person" means any individual, firm, association, organization, partaership, corporation, business trus! joint venture, the United States, the State of Califomia the County of Sonoma, and special purpose dishicts.

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Agenda Item Number: 7
Agenda Item Number: 7
City Council Meeting Packet for Meeting of: February 20, 2024

1.40 Pnrursns
"Premises" means any land or building in the City where Refuse, Recyclable Materials or Compostable Materials are generated or accumulated. l.4l Pnocrssrxc
"Processing" means to processo prepare, treat, or convert tlrough some special mettrod.

I.42 PROcTSSNVGFACILITY
"Processing Facility" means any plant or site used for the purpose of sorting, cleansing, treating or reconstituting Recyclable Materials for the purpose of making such material available for ttre market. Activities that may be undertaken at a Processing Facility include but are not limited to Processing Recyclable Materials or Compostable materials.

1.43 IIECYCLINGCONTAINER
"Recycling Container" means City-approved Cafi or Bin used to place Recyclable Materials at a designated Collection location for Collection for the purpose of Recycling.

1.44 REcycLABLE MATERIALS (ALso "REcYcLABLEsr')
"Recyclable Materials" means those discarded materials that the City Code permits, directs and/or requires Generators to set out in Recycling Containers for Collection for the pu{pose of Recycling. No discarded material shall be considered to be Recyclable Materials, however, unless it is separated &om Refuse and Compostable Materials. Recyclable Materials may include newspaper, mixed paper, glass bottles and jars, metal and aluminum cans, plastic household containers, corrugated cardboard and cardboard.

1.45 RECYCLING
"Recycling" means the process of sorting, cleansing, treating and reconstifuting at a Processing Facility those Recyclable Materials that would otherwise be disposed of at a Disposal Site for the purpose of returning such materials to the economy in the form of raw materials for new, re-used or reconstituted products.

I.46 REFUSE
"Refuse" means all putrescible and non-putrescible solid, semi-solid, and liquid waste that the City Code requires Generators within the City to set out for Collection.

Refuse does not include:
(l) Hazardous Waste or Hazardous Substance;
@ Infectious Waste;
(3) Abandonedautomobiles;
(4) Unacceptable waste; or
(5) Radioactive waste.

City of Sebastopol Collection Services Agreement
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Agenda Item Number: 7
Agenda Item Number: 7
City Council Meeting Packet for Meeting of: February 20, 2024

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 I.47 ROLL.OTF/COMPACTOR REFTISE SNNVTCN
5 "Roll-OflCompactor Refuse Service" means permanent or temporary service 6 provided by Conhactor under this exclusive Agreement to any Generator requiring a 7 Debris Box or Compactor for the Collection of Refuse, Segregated or Mixed 8 Construction and Demolition Debris, Compostable Materials, Bulky Items or Recyclable 9 Materials.
10 1.48 Ror,r,-OrrCoxtanwn
"Roll-Off Container" means permanent service provided to any Generator requiring a Debris Box or Compactor for the Collection of Refuse.Segregated Recyclable Material
.'.4 I.49 .6SnGREGI,TEDRECYCLABI,EMATERIAL''
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"segrcgated Recyclable Material" means those recyclable materials which have been separated from all other Recyclable Materials to form one readily identifiable category of materials by the person from whom they are being collected such as, but not limited to cardboard, designated paper grades, steel cans and designated plastics. 19 1.50 Srxcr,n-X'.ltvrll,Y RBSTDENcE
20 "Single-Family Residence" means a separate unit used for housing a single

21. family.
22 1.51 Sulr,l CovrunnclAl GENERAToR
23 "Small Commercial Generator" means any Commercial Business, which 24 generates less than 90 gallons of Refuse per week.
25 1.52 SouRcn SnplnarnD CoNsrRUcrroNAND DEMOLTTTON (C&D) MATERHLS 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 1.53 TnvrponLnY DEBRIS Box Snnvtcn
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 SegregatedRecyclableMaterials.
34 1.54 TERM
35 "Term" means the Term of this Agreement, as provided for in Article 3.

City of Sebastopol Collection Services Agreement
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Agenda Item Number: 7
Agenda Item Number: 7
City Council Meeting Packet for Meeting of: February 20, 2024

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25 1.55 TRANSPORTATION
"Transportation" means the act of transporting or state of being tansported to a specific Disposal Site, Composting Facility sr other location designated by Crty.

1.56 Wnrrn Goons
"White Goods" means discarded enamel household appliances of any color, such as refrigerators, stoves, washer/dryers, water heaters, dishwashers, etc., and similar items.

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36 December 5, 2008
Agenda Item Number: 7
Agenda Item Number: 7
City Council Meeting Packet for Meeting of: February 20, 2024

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10 ARTICLE 2.

REPRESENTATIONS AND

WARRANTIES OFTHE
COI{TRACTOR

2.1 Conponarn Sr^lrus
Contactor is a corporation duly organized, validly existing and in good standing under the laws of the State of California. It is qualified to tansact business in the State of California and has the power to own its properties and to carry on its business as now owned and operated and as required by this Agreement.

2.2 Conpone.rE AUTHoRTZATION (oR PARTNERSHTP, ASSOCU,TION OR JOINT VENTTJRE AUTHOnTZATTON)
Contactor has the authority to enter into and perform its obligations under this Agleement. The Board of Directors of Contractor (or the shareholders, if necessary) has taken all actions required by law, its articles of incorporation, its bylaws, or otherwise, to authorize the execution of &is Agreement. The Person sigrung this Agreement on behalf of Contractor has authority to do so.

2.3 AGREEMENT WILL NOT CEUSE BREACH
To the best of Contraetor's knowledge, after reasonable investigation, neither the execution or delivery of this Agreement, nor the performance of this Agreement by Contractor: (i) conflicts with, violates, or results in a breach of any applicable law; or (ii) conflicts with, violates or results in a breach of any term or condition of any judgment, order or decree of any courto administrative agency or other governmental authority, or any agreement or instrument to which Contractor is a party or by which Contractor or any of its properties or assets are bound, or constitutes a default thereunder.

2.4 NO LITIGATION
To the best of Conkactor's knowledge, after reasonable investigation, there is no action, suit, proceeding or investigation, at law or in equity, before or by any court or governmental authority, commissiorl board, agency or instrumentality decided, pending or threatened against Contractor wherein an unfavorable decision, ruling or finding, in any single case or in the aggregate, would materially adversely affect the performance by Contractor of its obligations hereunder or which, in any way, would adversely affect the validity or enforceability of this Agreement or which would have a material adverse effect on the financial condition of Contractor or any surety guaranteeing Contractor's performance under this Agreement, which has not been waived by the City in writing.

2.5 No AovrnsE JUDTCIAL Dncrsrons
To the best of Contractor's knowledge, after reasonable investigation, there is no judicial decision that affects the validity of this Agreement and may subject this Agreement to legal challenge.

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Agenda Item Number: 7
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Conhactor possesses the business, professional, and technical expertise to manage, handle, fteat, store and dispose of the Refuse, Recyclableo and Compostable Materials, and possesses the equipment, facility, and employee resources required to perform this Agreement.

City of Sebastopol Collection Services Agreement
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Agenda Item Number: 7
Agenda Item Number: 7
City Council Meeting Packet for Meeting of: February 20, 2024

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14 ARUCLn 3.

TERM OFAGREEMENT

3.1 Errrcrrvn Dnro
The effective date of this Agreement shall be January lst, 2009 ("Effective Date").

3.2 CororrroNs ro Errtcrrwl\tgss oF Acnnnunnr
The obtigation of City to permit this Agreement to become effective and to perform its undertakings provided for in this Agreement is subject to the satisfaction of each and all of the conditions set out below, each of which may be waived in whole or in part by City.

3.2.I ACCUNE,CY OF REPRESENTATIONS
The representations and warranties made in Article 2 of this Agreement are tnre and correct on and as of the Effective Date.

3.2.2 ABSENCE OF LITIGATION
There is no litigation pending on the Effective Date in any court challenging the award or execution of this Amendment or seeking to restrain or enjoin its performance.

3.2.3 ErrpcrrvplYEss oF Crrv Couxcn AcrIoN
The City's Resolution No. 5723, approving this Agreement, shall have become effective pursuant to California law prior to the Effective Date.

3.3 TERM
The Term of this Agreement shall begin January ltt, 2009, and end at midnight December 31, 2023, unless extended by City pursuant to Section 3.4. The term of this Agreement shall supercede all previous agreements made between Contractor and the City.

3.4 Oprrot ro ExrEI\lD Tnnu
The City shall have the option to extend this Agreement, in periods of at least twelve (12) months each, if the Contractor agrees to such an extension of the Agreement.

If the City elects to exercise the option, it shall give written notice of its election, specifuing the number of months by which it elects to extend the Term, to the Contractor, one hundred eighty (180) days prior to the initial or extended termination date. Contractor shall retum a signed Letter Agreement to the City within 30 days of such written notice by City for the extension to become effective.

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December 5, 2008
Agenda Item Number: 7
Agenda Item Number: 7
City Council Meeting Packet for Meeting of: February 20, 2024

ARTICLE 4.

SCOPE OFAGREEMENT

4.I SCOPN OF AGREEMENT
Subject to Article 4.2,the franchise granted to Contractor shall be exclusive for Refuse, Recyclable Materials, Compostable Materials, including all Roll-Off Refuse Service and Temporary Debris Box Service, Cleanup Bins, and Bulky Items Collection in the City limits of the City of Sebastopol except where otherwise precluded by federal, state, and local laws and regulations.

4.2 LnnttnrroNsroScopn
The franchise for the Collection and Transportation of Refuse and Compostable Materials to a City designated Disposal Site or Composting Facility and Collection and Processing of Recyclable Materials granted to Contractor shall be exclusive'except as to the following materials listed in this section, The City permits the operation of buy back Recycling and re-use centers, and this Agleement shall allow business and residential Generators to transport, donate and sell Recyclable Materials to such centers. The Franchise granted the Contactor shall not preclude the categories of Recyclable Materials or other materials listed below from being delivered to and collected and transported by others provided that nothing in this Agreement is intended to or shall be construed to excuse any Person from obtaining any authorization from City, ufiich is otherwise required by law:

A. Other recyclers shall maintain the right to collect Segregated Recyclable Materials, to accept donated Recyclable Materials, and to pay the Generator for Source Separated Recyclable Materials. Other recyclers shall not be permitted to charge for these services. Segregated Recyclable Materials set out for Collection by other recyclers shall contain no more than 10 percent by weight or volume (whichever is less) Refuse commingled in the materials to qualiff for the exception under this section. If Contractor can document that other recyclers are servicing Collection containers that contain less than 90 percent source separated Segregated Recyclable Materials or Compostable Materials, it shall report the location and the name of the recycler to the City along with Contractor's evidence of the violation of the exclusiveness of this Agreement;
B. Recyclable Materials which are removed from any Premises by the Generator and which are transported personally by the Owner or Occupant of such Premises (or by his or her employees or a conffactor); C. Recyclable Materials, which are source separated at any Premises by the Generator and donated to youth, civic, or charitable organizations; D. Containers delivered for Recycling under the California Beverage Container Recycling Litter Reduction Act, Section 14500, et seq., California Public Resources Code;
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Agenda Item Number: 7
Agenda Item Number: 7
City Council Meeting Packet for Meeting of: February 20, 2024

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40 E. Compostable Materials removed from a Premises by a gardening, landscaping, or tree-trirnming contractor as an incidental part of a total service oflered by that contractor rather than as a hauling service, and for no additional or separate fee, and if such contractor delivers the Compostable Materials to a Compostable Container or Composting Facility and does not dispose of the material as Refuse; Animal waste and remains from slaughterhouse or butcher shops for use as tallow;
By-products of sewage treatment, including sludge, sludge ash, grit and screenings; and
Haeardous Waste, Infectious Waste, and Designated Waste, regardless of its source.

This grant to Contractor of an exclusive right and privilege to collect and transport Refuse and Compostable Materials and collect and process Recyclable Materials shall be interpreted to be consistent with state and federal laws, now and during the Term of the Agreement, and the scope of this exclusive right shall be limited by applicable state and federal laws with regard to the matters contained in this Agreement. In the event that future interpretations of current law or new laws, regulations, interpretations or trends limit the ability of the City to lawfully provide for the scope of services as specifically set forth herein, Contractor agrees that the scope of the Agreement will be limited to those services and materials which may be lawfully provided and that the City shall not be responsible for any lost profits or losses claimed by Contractor to arise out of limitations of the scope of the Agreement set forth herein. In such an event, it shall be the responsibility of Contractor to minimize the financial impact to other services being provided as much as possible.

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Agenda Item Number: 7
Agenda Item Number: 7
City Council Meeting Packet for Meeting of: February 20, 2024

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COLLECTION SERVICES

5.1 GnninnLr,
The work to be done by Contractor pursuant to this Agreement shall include the fumishing of all labor, supervision, equipmenl materials, supplies, and all other items necessary to perform the services required. The enumeration and specification of requirements for particular items of labor or equipment shall not relieve Contractor of tle duty to furnish all others, whether enumerated or not.

The work to be done by Confractor pursuant to this Agreement shall be accomplished in a thorough and professional manner so that the residents and businesses within the City are provided reliable, courteous and high-quality service at all times.

The enumeration and specification of requirements for particular aspects of service quality shall not relieve Contractor of the duty of accomplishing all other aspects whether they are enumerated elsewhere in the Agreement or not.

5.2 REFUSE srnvrCes

5.2.I STNGLE.FAMILY TTESIDENTIAL TTEFUSE SERYICE
Contractor shall collect and transport all Refuse from Carts placed at the Curb of Single-Family Residences once per week as scheduled.

5.2.2 Mur,rr-F.lMrr,y Coltplnx Rnrusr Spnvrcn

5.2.2.A Mur,rr-F.lMrl.y Rnrusn CART Snnvlcn
Contractor shall collect and transport to a Disposal Site, all Refuse from Carts placed at the Curb by each Generator within a Multi-Family Complex, not less than once per week as scheduled.

5.2.2.8 MULTI-FAMILY RTTUSN BTX SNNVTCN
Contractor shall collect and transport to a Disposal Site, all Refuse from Bins, not less than once per week. Bin enclosures and access should comply with Contractors guidelines.

5.2.3 CoprMERcrAL Rnrusr SERvIcE

5.2.3.8 CouurncrAl REFrrsE CART Snnvrcr
Contractor shall collect and kansport to a Disposal Site all Refuse from Carts placed at the Curb by each Generator, not less than once per week5.2.3.A Co*runncIALItEFrisEBnvSBnvrcn
Contractor shall collect and transport to a Disposal Site all Refuse &om Bins not less than once per week. Bin enclosures and access should comply with Contactors guidelines.

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5.3 RECYCLNG SERVICES
Contractor shall collect Recyclable Materials as described in Exhibit D for Single-Family Residences, Multi-Family Complexes, and Commercial Businesses.

Contractor shall instruct Single-Family Residences, Multi-Family Complexes (individual residents and/or complex managers as appropriate), and Commercial Businesses as to preparation of materials; the proper placement of Recycling Carts or Bins. Repeated contamination of Recyclable Materials may result in additional charges or the removal of Carts and/or Bins from the premises.

Contactor shall transport Recyclable Materials to a Processing Facility, process and market the Recyclable Materials. The Recyclable Materials may not be disposed of at a Disposal Site, Transfer Station, or any other location in lieu of Recycling the material without the expressed written approval of the City, as specified in Article 4.4.

5.3.1 STNCT,N.F.EMILY IIESIDENTIAL RECYCLING SERVICE
The Contactor shall provide weekly Recycling Collection service, which shall correspond with the Single-Family Residential Refuse Collection day for each resident.

5.3.2 MIILTI.FAMILY COMPLEX RECYCLING SERVICI
Recycling Collection service shall be provided to Multi-Family Complexes.

Confiactor shall assist each complex by recommending the number and type of containers needed to service the Multi-Family Complex. Contractor shall recommend the most effective locations on site for placement of containers. Contractor shall provide educational materials and signage to reduce contamination and shall offer educational presentation to tenants upon request. Properly manager or owner shall be responsible for the initial dishibution of educational materials to tenants.

Recycling Service shall be suspended if Conftactor determines that Recycling Bin is contaminated with items other than Recyclable Materials. Contractor shall notifr City of the suspension of Recycling Services. Recycling Service shall resume when Contractor is asswed that contamination of Recycling Bins is eliminated.

53.3 CONAVTNNCIALTIECYCLINGPROGRAM
Recycling Collection service shall be provided to Commercial Businesses.

Contractor shall assist each Commercial Business by recommending the number and type of containers needed to service the Commercial Business. Contractor shall recommend the most effective locations on site for placement of containers. Contractor shall provide educational materials and signage to reduce contamination and shall offer educational presentation to tenants upon request.

Recycling Service shall be suspended if Contractor determines that Recycling Bin is contaminated with items other than Recyclable Materials. Contractor shall notiS City of the suspension of Recycling Services. Recycling Service shall resume when Contractor is assured that contamination of Recycling Bins is eliminated.

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5.4 ConcosrABLE MlrnnHr,s Pnocneu

5.4.1 SINGr,n-X'.{MrLy REsmENrr.tr, CotvtPosrABLE MerrruAl,s Pnocnana Contractor agrees to collect and deliver to a Composting Facility, Compostable Materials collected from Compostable Containers placed at the Curb by each Single-Family Residence. The Contractor shall provide scheduled weekly Collection selice, which shall correspond with the Single-Family Residential Refuse Collection day.

The Compost Processing Facility may process the material as compost or mix the material with bio-solids and process the material as compost.

Compostable Materials Service shall be suspended if Contractor determines that Cornpostable Materials Containers is contaminated with items other than Compostable Materials. Contractor. Compostable Materials Service shall resume when Contactor is assured that contarnination of Compostable Materials Containen is eliminated.

5.5 UsaD Moron Orr, Cor,r,EcrloN

5.5.I SIXCLE FAMILY RESIDENCES
The Contractor shall provide used motor oil collection for Single-Family Residences as part of the Recyclable Materials Collection program. Residents must call to sign up for this service and to obtain spill-safe containers from the Contractor for the Collection of used motor oil and zip lock plastic bags for used oil filters. Contractor shall collect used motor oil and used filters from SingleFamily Residences that are placed at the Ctrb. Residents must call to request motor oil and filter collection pickup service to assure that driven are alerted &at motor oil requires pick up. The Contractor shall provide replacement containers and filter bags as requested to participants upon Collection of oil and/or filters.

5.5.2 MUITF FANIILY RESIDENCES
The Contractor shall provide used oil collection to Multi-Family Complexes as part of the Recyclable Materials Collection progrulm. Upon request by the property manager, properly owner or HomeOwners Association, the Contractor will distribute spill-safe containers for the Collection of used motor oil and plastic bags for used oil filters. Contractor shall collect used motor oil and used filters from Multi-Family Complexes at a location that is acceptable to the Contractor, and Manager, Owner or Homeowner's Association. Contactor shall provide replacement containers and filter bags to participants upon each Collection of oil and/or filters. Residents of Multi-Family Complexes may not order this service directly.

Contractor shall safely store oil and used filters collected at its facility, and arange for these materials to be properly recycled. Contractor shall provide used motor oil and used filter recycling support through community outreach, educational materials, and their web site.

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5.6 CHRISTMAS TREE DNOPOTT
Contractor shall supply a Roll-Off Container, to be placed at a location determined by the City, to provide a drop-offservice for Christmas trees. The Roll-Off Container shall be serviced on a regular basis and the surrounding area kept free of any debris. Christmas trees shall be recycled in a manner to count as diversion by the California Integrated Waste Management Board. Trees that are flocked and contain tinsel or other decorations shall be collected separately for Disposal. The Debris Box shall be delivered the following business day after Christmas and serviced until midJanuary or in cooperation with the Sonoma County Waste Management Agency DropOffprogram.

Contractor shall notifr service recipients in writing of the dates, time, and places of Christnas Tree Collections. Information shall be included in the informational newsletters, in a bill insert, or other reasonable means.

5.7 HOUSNTTOLD ALKALII\TE BATTERY RECYCLING PROGRAM
Contractor shall provide collection services for City-sponsored Household Alkaline Battery Recycling Program. Contactor shall collect recycled Household Batteries from City locations identified in Exhibit B. City staff shall notifr Contactor when battery containers require pickup. Upon such notification, Contactor shall collect and deliver batteries to a battery recycler or pennitted hazardous waste facility. If requested to do so, Contactor shall accommodate requests from City staff for routine and/or more frequent pickups.

5.8 Bur,xy trrnu Cor,r,PcrroN PRocRAM
Contractor shall provide Collection of Bulky Items from Residential, Multi' Family and Commercial Generators on a for-fee basis. Contractor shall charge Generators the service rates established in the rate schedule and may be adjusted under the terms of this Contact.

5.9 Cr,n.lx Up Brx Snnvrcn
Contractor shall provide Clean Up Bin Service to any Generator on a for-fee basis. Clean-Up Bins may be used for Generators requiring additional Collection service on a temporary basis or for special events. Contactor shall charge Generators the service rates established in the rate schedule and may be adjusted under the terms of this Contract.

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Contractor collection of Refuse and Recyclable Materials to all City facilities identified in Exhibit A. Contractor shall provide collection of Refuse disposed of in City-owned cans located in the Crty as identified in Exhibit A. The size of the bin or cart and the frequency of Collection shall be determined between the City and Contractor.

The services required by this section shall be provided at no charge to the City, but the cost of providing such service shall be an allowable expense under Article 8. 5,11 Cor,lncTlox FRoM Crrv-SpoxsoRED EYENTS
Conhactor shall collect Refuse and Recyclable Materials at City-sponsored events identified in Exhibit C . The services required by this section shall be provided at no charge to the City, but the cost of providing such service shall be an allowable expense under Article 8.

5.12 Rsruovel oF HAzARDous WAsrE
If Contactor determines that material placed io any container for Collection is Hazardous Waste, Designated Waste, lnfectious Waste, or other material that may not legally be disposed of at the Disposal Site or Processing Facility or presents ahazafi to the Contractor's employees, ttre Contractor shall have the right to refuse to accept such material.

The Generator shall be contacted by the Contractor and requested to arange proper Disposal. The Contactor shall notiff the City of any such material left at any Premises for 14 days or more. If the material is delivered to the Disposal Site or a Processing Facility before its presence is detected and the Generator cannot be identified or fails to remove the material after being requested to do so, the Contractor shall arrange for its proper Disposal.

The Contractor shall make a good faith effort to recover the cost of Disposal from the Generator, and the cost of this effort, as well as the cost of Disposal shall be chargeable to the Generator. Upon prior notification to the City, the Contactor shall be entitled to include the reasonable costs incurred under this section as an operating expense for purposes of compensation under Article 8 and shall include all sums recovered by it from Generators as "Other Income."

5.13 TruxsponrATloN oF REFUSE, Rncvcr,nsl,r MATERTAT,S AND CoMPoSTABLE M.lrnnnr,s
Conkactor shall provide for the tansportion of all Refuse, Recyclable Materials and Compostable Materials collected under this Agreement. Contactor shall maintain accurate records of the quantities of Refuse, Recyclable Materials, and Compostable Materials transported to the Disposal Site, Processing Facility, or Composting Facility of customers within the City Limits of Sebastopol.

5.14 Pnocnssnrc oF RuFUsr, Rrcvcr,eBLE MATERIALS, AND COMPOSTABLE

MATERIALS
The City reserves the right to 1), approve the Disposal Site(s) and Processing Facilities selected by the Contractor and 2), to direct the Contractor to use alternative Disposal Site(s) or Processing Facilities for disposal, recycling or composting of all materials collected pursuant to this Agreement. If City redirects Refuse to an altemate Disposat Site or Processing Facility, Payment for Services to Contractor shall be City of Sebastopol Collection Services Agreement
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1. adjusted for differences in the cost of Transportation, Disposal, and Processing of the 2 material.
3 5.15 Cor,r,ncrroN STANDARDS

5.15.1 Canr OF PRIVATE PROPERTY
Contractor shall use due care when collecting Refuse, Recyclable Materials, and Compostable Materials Containers. Containers shall not be thrown from trucks, roughly handled, damaged or broken. Containers shall be returned to the Collection point in an upright position.

Contractor shall ensure that its employees close, and relock if applicable, all gates opened by them in making Collections, unless otherwise directed by the Generator.

Contractor will require a damage waiver to enter onto private property.

City shall refer Complaints about damage to private properfy to Contractor.

Contractor shall repair all damage to private property caused by its employees' negligence or willful misconduct. Contractor may require residents on private roads to place Carts at the public road or Curb for Collection.

5.15.2 LrrrNN ABATEMENT
A. Minimization of Spills. Contractor shall use due care to prevent Refuse, Recyclable Materials, and Compostable Materials from being spilled or scattered during the Collection or Transportation process. If any Refuse, Recyclable Materials, or Compostable Materials are spilled during Collection, the Contractor shall promptly clean up all spilled materials. Each Collection vehicle shall carry a broom and shovel at all times for the purpose of cleaning litter.

B. Covering of Loads. Contractor shall cover all open Debris Boxes at pickup location prior to transport to the Disposal Site or Processing Facility.

5.15.3 HouRs oF CoLLEcTIoN
Scheduled Collection of Refuse, Recyclable Materials, and Compostable Materials in residential areas may occur only between the hours of 6:00 a.m. and 6:00 p.m., and in commercial areas, only between the hours of 5:00 a.m. and 6:00 p.m. Commercial customers adjacent to residential structures or areas shall not be serviced prior to 6:00 a.m.

5.15.4 Norsn
All Collection operations shall be conducted as quietly as possible and shall conform to applicable federal, state, county and City noise level regulations.

5.15.5 Hor,mlv Cor,r,BcuoN ScHEDTJLE
During the week of the holidays shown on Exhibit E, Collection shall be delayed by one day following the holiday, except when the holiday falls on a Saturday or Sunday. Contractor shall publish and distribute a holiday schedule in an informational newsletter or billing insert to all Generators at least annually.

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5.16.1 Grr{nRAL
Contactor shall provide a fleet of Collection vehicles sufficient in number and capacity to efFrciently perform the work required by the Agreement in sfrict accordance with its terms. Contractor shall have available sufficient back-up vehicles for each type of Collection vehicle used (i.e., side loader, &ont loader, and roll-off) to respond to Complaints and emergencies.

5.16,2 SprcnrclrloNs
All vehicles used by Contractor in providing collection services shall be registered with the Califomia Department of Motor Vehicles. All such vehicles shall have watertight bodies designed to prevent leakage, spillage, or overflow.

Vehicles shall also be equipped with safety features that enable drivers to avoid making contact with other vehicles, their passengers and/or pedestrians.

5.16.3 Vurncr,n InsNrrrrcATIoN
Contractor's name, local telephone number, and a unique vehicle identifrcation number for each vehicle shall be displayed on all vehicles.

5.16.4 Irwnxronv
Contractor shall fumish suffrcient equipment to provide all service required under this Agreement. Contractor shall fumish the City a written inventory of all vehicles, including Collection vehicles, used in providing service, as part of the Annual Report. The inventory shall list all vehicles by manufacturer and model year; all equipment by ID number, date of acquisition and vehicle type.

The initial inventory of vehicles to be used to provide services under this Agreement is atiached as Exhibit J.

5.16.5 CLTaNTXC AI\ID MAINTENANCE
A. General. Conhactor shall maintain all of its properties, facilities, and equipment used in providing service under this Agreement in a safe, neat, clean, and operable condition at all times.

B. Maintenance. Contractor shall: (i) inspect each vehicle daily to ensure that all equipment is operating properly and vehicles that are not operating properly shall be taken out of service until they are repaired and do operate properly; and (ii) perform all scheduled maintenance fi.rnctions in accordance with *re manufacturer's specifications and schedule. Contractor shall keep accurate records of all vehicle maintenance, recorded according to date and mileage, and shall make such records available to the City upon request.

C. Repairs. Contractor shall repair, or arange for the repair of, all of its vehicles and equipment for which repairs are needed because of accident, breakdown, or any other cause so as to maintain all equipment in a safe and operable condition. If an item of repair is covered by a warranty, Contractor shall obtain warranty performance. Contractor shall maintain accurate records of repair, which shall include the date/mileage, nature of repair, and the signature of City of Sebastopol Collection Services Agreement
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a maintenance supervisor that the repair has been properly performed, and shall make such records available to the City upon request.

D. Storage. Contractor shall arrange to store all vehicles and other equipment in safe and secure location(s) in accordance with Crty's applicable zoning regulations.

5.16.6 Opnnarron
Vehicles shall be operated in compliance with the California Vehicle Code, and all applicable safety and local ordinances. Contractor shall not load vehicles in excess of the manufacturer's recommendations or limitations imposed by state or local weight restrictions on vehicles. Contractor shall have the right to refuse unsafe loads and/or loads containing illegal materials.

5.17 Coxranrnns

5.17.1 Gnxnnar,
All Carts, Bins, Roll-OffContainers and Compactors shall be provided to customers as part of services provided by Contractor.

Upon termination of the Agreement, the City reserves the right to take ownership of all Carts, Bins, Roll-Off Containers and Compactors, or to request Contractor to remove some or all containers.

Contactor shall provide containers for collection of Refuse, Recyclable Materials, and Compostable Materials, which shall be designed and constructed to be watertight and prevent the leakage of liquids. All containers with a capacity of one cubic yard or more shall meet applicable federal regulations on Refuse Bin safety and be covered with attached lids. All Bins, Roll-Off Containers and Compactors shall be painted standard colors and shall prominently display the name and telephone number of the Contractor.

5.17.2 Rnrusn Canr Cont.nnnns

5.17.2.A Snvcr,n Fnun v RrsmnxuAl REFUSE CART Snnvlcn
Contractor shall supply each Single Family Residence with a choice of one (l) 20- 30-,60-, or 90-gallon (or equivalent size) Cart for the Collection of Refuse. Single-Farnily Residences may receive multiple Refuse Carts for an additional fee.

Carts must be placed at the public Curbside for effrcient Collection by driver.

5.17.2.8 Mur,rr-FeMILY Colryr,nx RBrusn Canr Snnvtcn
Contactor shall supply each Multi-Family Residential Complex resident with a choice of one (1) 20-,30-, 60-, or 90-gallon (or equivalent size) Cart for the Collection of Refuse. Multi-Family Residents may receive multiple Refuse Carts for an additional fee. Multi-Family Residential Complex Generators using Carts for collection of Refuse must place carts at the public Curbside or other location convenient for effrcient Collection by driver.

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5.17.2.C Srr,lr,l Cou*rnncrAl GENERATon Clnr Snnvrcp
Contractor shall supply each Small Commercial Generator with one (l) 30- 60-, 9O-gallon Cart (or equivalent size) for the Collection of Refuse, upon request. Small Commercial Generators may receive multiple Refuse Carts for an additional fee. Commercial Generators using Carts for collection of Refuse must place carts at the public Curbside or other location convenient fdr effrcient Collection by driver.

5.17.3 REFUSE BIN CONTAINERS
Contractor shall supply each Bin Service Generator with a choice of size (1 to 6 cubic yard) and number of Bins for the Collection of Refuse. Large quanttty Generators shall be offered the option of selecting a Roll-OffContainer or Compactor for Collection of Refuse.

5.I7.4 RECYCLtr\IG CONTAINERS

5.I7.4.A SINGLE.FAMILY RNSM.EXTIAI RECYCLING CMT
Ssnvrcn
Contractor shall supply each Single-Family Residence with a Cart for the Collection of Single Stream Recyclable Materials. Carts must be placed at the public Curbside for effrcient Collection by driver.

5.17.4.8 MULTI-FAMILY RnsmBxrlu, Cottlpmxos
REcYcLING CONTAINERS
Contractor shall supply each Multi-Farnily Residential Complex with Recycling Service. Contractor shall work with the managers or owners to determine the appropriate container type and service level for each complex. Bin Service Generators shall have the option of size (1 to 6 yard Bins) and number of Bins for the Collection of Recyclable Materials.

Multi-Farnily Residential Complex Generators using Carts for collection of Recyclable Materials must place carts at the public Curbside for efficient Collection by driver.

5.I7.4.C COVT*TTNCIAL RECYCLING CONTAINERS
Contractor shall supply each Commercial Business with
Recycling Service. Contractor shall work with the managers or owners to determine the appropriate container type and service level for each complex. Bin Service Generators shall have the option of size (1 to 6 yard Bins) and number of Bins for the Collection of Recyclable Materials.

Commercial Business Generators using Carts for collection of Recyclable Materials must place carts at the public Curbside for efficient Collection by driver.

5.17.5 COn'rrOsr,I,BLE MATERIALS CART SERYICE CONTMCNRS

5.17.5.^4. SINGLE-FAMILY RESIDENTIAL COTVTPOSTENIP
M^c,rnRIALS CART SPNVTCT
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s.17.6 CART REPAIR AND Rnpr,ecnvrEirr
Contractor shall replace, not more than once per year without charge, containers that have been stolen or lost. Additional Carts shall be charged to the Single-Family Residences and Multi-Family Residential Complex residents at a rate approved by the City in writing.

5.18 Purr,rc Epuclrrox

5.18.1 Nrw CusrounR srART-uP PAcKET
Contractor shall provide an information packet for new customers. Contractor shall provide, ata minimum, the fol.lowing items in the packet to new customers:
o A letter providing a swnmary of services and contact information r A "how to" brochure explaining the overall Recyclable and Compostable Materials progmms and the materials to be collected.

5.18.2 lrronuarloNAl Nnwsr,rtrERs
Contractor shall publish and mail informational newsletters twice per year to be mailed to all Generators. Newsletters will include infonnation intended to encourage recycling, source reduction, participation in recycling and greenwaste programs and composting. Newsletters shall address issues aflecting residential, multifamily and commercial service as well as general articles and information appropriate to all generators including items such as a discussion of AB 939 policy, updates on the County's diversion achievementso hazardous waste disposal options and other general articles of interest. Additional notices, bill inserts and informational pieces shall be distributed ils necessary.

Newsletters shall promote and advertise other features of the Agreement including Christnas Tree recycling information, Holiday Collection Schedule, and Curbside Used Oil Collection.

Newsletters will be made available to the City for review prior to distribution.

5.18.3 Oxcorxc EnuclrroN AxD Ournnacu

5.18.3A Mur,rr Fa*ru,v CoMpr,Ex Enuclrrox
Multi-Family Complex customers will receive an annual bill insert or other mailers describing solid waste and Recycling Service options. Multi-Family Complex managers or owners may request Contractor conduct an on-site evaluation to enhance recycling at no cost to the Multi Family Complex.

Contractor shall provide recycling educational materials to properly owners or managers for Multi-Family Complex tenants upon request.

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5.f 838 Couvrrncl^Ll Busuvrss EouclrloN
Commercial Business customers will receive an annual bill insert describing solid waste and Recycling service options. Commercial Business managers or owners may request Conhactor conduct an on-site evaluation to enhance recycling at no cost to the Commercial Business.

Contactor shall provide recycling educational materials to Commercial Business owners or managers upon request.

5.18.3C PUBLIc Scnool Enucerrox
Conhactor shall visit each public school inside the City limits at least one time per year and shall provide information to 'each school regarding the availability of recycling education presentations by Contractor for classrooms and school assemblies.

Upon requesto Contractor shall work with students, teachers, administrators and custodial staff at each school to facilitate and implement effective collection and handling system to maximize recycling at each school facility.

5.f83D Punlrc Fem,s
Contractor shall periodically staff informational tables at public events within the City to stimulate and enhance recycling programs and provide waste reduction information to the public.

PERSoNNEL

5.f9.1 Grnrnal
Contactor shall furnish such qualified drivers, mechanical, supervisory, customer service, clerical, and other personnel as may be necessary to provide the services required by this Agreement in a safe and efficient manner.

5.19.2 Dmvrn QualnIcATIoNS
All drivers shall be tained and qualified in the operation of waste Collection vehicles and must have in effect a valid license, of the appropriate classo issued by the California Departnent of Motor Vehicles.

5.19.3 SarPrY TRAtr{ING
Contractor shall provide suitable operational and safety taining for all of its employees who utilize or operate vehicles or equipment for Collection of Refuse, Recyclable Materials, or Compostable Materials or who are otherwise directly involved in such Collection. Contractor shall tain its employees involved in Collection to identifr, and not to collect, Designated Waste, Hazardous Waste, or Infectious Waste.

5.19.4 No Gnerulrlns
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5.19.5 EMPLOYEE CONDUCT AND COUNTPSY
Contractor shall use its best efforts to assure that all employees present a neat appearance and conduct themselves in a courteous manner.

5.19.6 Pnovrsrox oF FIELD SUpnnvrsrOX
Contractor shall designate at least one qualified employee as supervisor of field operations.

5.19.7 CusroprnR SERVrCE/BTLLTNG Lrnrsox
Contractor shall designate one (1) qualified employee to serve as customer service/billing liaison to the City. The liaison will be available during business hours to coordinate billing, customer serviceo and operational issues with the City. The designated billing liaison shall be
Office Manager
PO Box 1916
Santa Rosa CA 954A2
QA7) s86-8266
(707) s86-s543
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STNNNT SWEEPING SERYICAS
Contractor shall perform the following services for the City in an ongoing and timely mamer as is necessary to complete the specified work

6.1 STREET SWSEPING METHODOLOGY
Street cleaning for all curb miles identified within the City Limir shall be performed consistent to industy standards as follows:

A. Contactor shall operate at a speed that will result in adequate cleaning of the steets.

B. The Contractor shall operate the equipment per factory specifications to clean a path consistent with the width of the sweeper, from the face of the curb towards the center of the steet including the flow line of the gutter, that will result in adequate cleaning of the streets.

C. The Contractor shall sweep the City's courmercial areas a minimum of twice weekly and include one of the four residential areas per sweeping day to be swept every other week.

D. The commercial areas shall be swept beginning at 4 am and be completed by 7:30 am at which time residential sweeping shall tegin, to be completed by pm.

E. Al1 asphalt or concrete City streets, regardless of curb and gutter, shall be swept in the normal sweeping schedule as specified by the City.

F. On streets without curb and gutter, conhactor shall clean a path consistent with the width of the sweeper that starts 6 inches to 12 inches for the edge of the pavement and continues toward center of the street.

G. The Contractor may utilize fire hydrants for the pu{pose of filling the sweeper with water, as specified by the City.

H. The Confiactor may dump the steet sweepings in the City's Public Works yard, to be disposed of by the City, and may wash the street sweeper in the Public Works yard.

6.2 Srnrnr SWEEPING EguPnnrxt
A. The Contractor shall provide street sweeping equipment comparable to, or better than, a TYMCO regenerative air sweeper, on a chassis, comparable to or better than a Ford LN 700 powered by a 6.6 liter Ford diesel.

B. The Conhactor shall maintain the vehicle in a sound andsafe operating cndition, per factory specifications, in order to provide optimal performance to the City.

C. Any deviation from the above specifications must be authorized in writing from the City.

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6.3 OPTNATOR ITESPONSIBILITIES
A. The Confractor is respbnsible for pre and post vehicle inspections in order to provide a safe environment to the operators and to residents.

B. The Contractor shall operate the steet sweeper per factory specifications in order to provide optimal performance to the City.

C. The Contractor shall sweep all routes established by the City and maintain the existing schedule, unless otherwise directed by the City.

D. The Contractor shall be responsible for all missed sffeetso or for streets that are not cleaned adequately with one pass of the sweeper, at no extra cost to the City.

E. Additional sweeping shall be available in a timely manner upon City request.

F. The Contractor shall provide the name and telephone number for the Supervisor and Manager responsible for sweeping operations within the City. Contractor is responsible for customer relations, and any and all concen$ shall be referred to the Contactor for mitigation.

G. The Contractor is responsible for submitting quarterly reports to the City documenting sweeping miles, hours worked, any colrespondence with the public.

H. The City may terminate the street sweeping agreement based on any complaint, breach or failure to perform, after the Contractor has been given reasonable opportunity to remedy same.

I. The Contractor shall post the Sweeping Schedule on the Contractors website and will provide copies to residents by mail upon request.

City of Sebastopol Collection Services Agreement
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Agenda Item Number: 7
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City Council Meeting Packet for Meeting of: February 20, 2024

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ARTICLE 7.

OrHnR Rrr,.IrND SERVICES
AND SIA,XOAnOS
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 Crnncrs^lxoRlrPs
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 Conkact and as may be adjusted under the terms of this Contract. 13 7.7.2 PRoDUcrroN oF II\worcES. The CONTRACTOR shall produce an 14 invoice, in a fonn 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 Pmrr,Lt, Moxnr SnnvrcB.If, during a month, a Service Unit is added 17 to or 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 27 provided to the Service Unit.
22 1.1.4 P.lsr DuE AccouNrs
23 Contractor shall utilize the following Collections Procedure for Past Due 24 Accounts
25 1. Each past due account will receive at least one phone attempt between 90 and 26 120 dayspastdue.
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 atlempts 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 payrnent plans or arangements
4A c. accounting or billing elrors
City of Sebastopol Collection Services Agreement
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Agenda Item Number: 7
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This process shall be repeated monttrly. If there has been no successful contact or resolution the account may be flagged for transfer to an outside collection agency.
7 .t.3 ANNUAL Pnn-PnvuBNT Dlscot NT. CONTRACTOR shall provide a reduction to the Service Rates as established in Exhibit H for voluntary advance payment for one (1) year of service with the trpelfttr (12ttt) month of service provided at no charge in exchange for such advance payment by SFD Service recipients. CONTRACTOR shall advertise the availability of this payment option at least once per year to all SFD subscribers.

7.2 SERVICE RIIT ELEMENTS.

Collection Service Rates shall consist of some combination of the following elements: a Collection Element, a Disposal Element, a Franchise Fee Element, and such other elements as may be added by the City during the term of this Agreement.

7.3 An.lusrurnNTs ro Mlxruuu Cor,r,ncrron Snnvtcn Rl'rns. ?.3.1 ADJUSTMENTs ro DrsPosAL CoMPoNENT. Using the Refuse Rate Index (RRI). Beginning on July 1, 2009, and annually thereafter, CONTRACTOR shall, subject to compliance with all provisions of this Article, receive an annual adjustment in the Collection Componenfs of the following maximum service rates as set forth in Exhibit H to this Agreement:

7.3.1.A SFD Collection Service. All Collection Component lines of the Collection Componenr in Exhibit H.

7.3.1.8 MFD Collection Service. All Collection Component lines of the Collection Componenr in Exhibit H.

7.3.1.C Commercial Collection Service. All Collection Component lines of the Collection Component in Exhibit H.

7.3.1.D Other Rates. All Collection Component lines of the Collection Componenf, the Push Rates, and Other Rates listed in in Exhibit H. 7sJ.n Large Item Collection Rates. All Collection Component lines of the Collection Component iuExhibit I.

7.3.2 RRI ADJUsTMENT. Beginning on July 7,2009, and arurually thereafter dwing the temr of this Agreement, the Collection Component of the maximum service rates set forttr in Article 7.3.1 above shall be adjusted by the RRI adjustment set fortfi below. In any year that the calculation of the RRI resulis in a negative number, there shall be no adjustment of the Collection Componenf. Instead the RRI number shall be the result of the cumulative change in the RR[ for t]re two year period prior and shall be the RRI adjustment for that subsequent year.

7.3.2.AThe RRI adjustment shall be the sum of the weighted percentage change in the Annual Average of each RRI index number between the Ctty of Sebastopol Collection Services Agreement
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base fiscal yearo which shall be the prior preceding calendar year ending December 3ltt and the preceding fiscal year ending December 31s as contained in the most recent release of the source documents listed in Exhibit G, ("REFUSE RATE INDEX") which is attached to and included in this Agreement. Therefore, the first Collection Componenr ra€ adjustment will be based on t}re percentage changes between the Annual Average of the RRI indices for the calendar year ended December 31,2007 and the Annuat Average of the RRI indices for the calendar year ended December 31, 2008. The RRI shall be calculated using the RRI methodology included in Exhibit G.

7.3.3 ADJUSTMET{TS ro Drspos.nl Cottconnnr.

7.3.3.ASFD Collection Service. The maximum SFD Solid Waste Collection Service Rate is based on the tipping fee per ton and &e Residential Disposal Generation Factor set forth in Exhibit H.

7.3.3.BTip Fee Changes. Any approved change in the per ton tipping fees, as set forth below, will result in a corresponding change in the appropriate "Monthly Unit Disposal Rate" based on the following formula:
(The new tipping fee x the "Residential Disposal Generation Factor"l one hundred percent (100%) minus the franchise fee percentage, (such amount at the inception of this Agreement to be ninety percent (90%), to account for the change in the franchise fee applied to the disposal rate element.

Will equal: the SFD Solid Waste Collection Service, "Montlrly Unit Disposal Rate".

7.3.3.CCommercial Collection Senrice. The maximum Commercial Solid Waste Collection Service "Disposal Component Rate" is based on the trpping fee per ton and the appropriate Conversion Factor set forth on in Exhibit H. Any approved change in the per ton tipping fees will result in a corresponding change in the "Disposal Component Rate" for Commercial Collection Services as set forth in Exhibit H, based on the following formulas:

7.3.3.C.1 Commercial Bin Rates
(The appropriate "Conversion Factor"l2,000 pounds) x the new tipping fee x the Bin size x the &equency of Collection) / one hundred percent (100%) minus the franchise fee percentage, (such amount at the inception of this Agteement to be ninety percent QA%D, to account for the franchise fee applied to the disposal rate element.

Will equal: the Commercial Solid Waste Bin Collection Service "Disposal Component Rate" for the appropriate Bin size and Collection frequency.

City of Sebastopol Colleetton Services Agreement
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Agenda Item Number: 7
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7.4 13.3.C.2 Commercial Cart Rates
The maximum Commercial Cart Solid Waste Collection Service Rate is based on the tipping fee per ton and the Commercial Cart Disposal Generation Factor set forth in Exhibit H.

7.3.3.D Tip Fee Changes. Any approved change in the per ton tipping fees, as set forth below, will result in a corresponding change in the appropriate "Monthly Unit Disposal Rate" based on the following formula:
(The new tipping fee x the "Commercial Can Disposal Generation Factof'lone hundred percent (100%) minus the franchise fee percentage, (such amount at the inception of this Agreement to be ninef percent (90%)), to account for the change in the franchise fee applied to the disposal rate element.

Will equal: the Commercial Cart Solid Waste Collection Service, "Monthly Unit Disposal Rate".

7.3.4 Dtspos^lr. Er,Bunxr Rarn ADJUSTMENTS. To be changed based on changes in the tip fee at the Disposal Facility.

RATE ADJUsTMENT PERToD By July lst, 2009, and annually thereafter during the remaining term of the contract, the Contractor shall noti$ City of the RRI and Tipping Fee adjustments to the affected service rates. Rate adjusunents will be effective July l't of each year and shall be reflected in the next billing cycle. Any increase to rates shall be prorated over the course of the billing year in such a manner to recover any incremental loss in revenue due to the billing cycle.

City of Sebastopal Collection Services Agreement

31. December 5, 2008
Agenda Item Number: 7
Agenda Item Number: 7
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RECORDS

8.1 GEI\TERAL
Contractor shall maintain such accounting, statistical and other records related to its performance under this Agreement as shall be necessary to develop the financial statements and other reports required by this Agreement. Also, Contractor agrees to conduct data collection, information and record keeping, and reporting activities needed to comply with and to meet the reporting and progftIm management needs of Contractor and AB 939 and other federal and state and local laws and regulations and the requirements of this Agreement. To the extent, such requirements are set out in this and other articles of this Agreement, they shall not be considered limiting or necessarily complete. In particular, this article is intended to only highlight the general nature of records and reports and their minimum content and is not meant to comprehensively define what the records and reports are to be and their content Contactor shall maintain records required to conduct its operations, to support requests it may make to City, and to respond to requests from City. Adequate record security shall be maintained to preserve records from events that can be reasonably anticipated such as a fireo theft, and earthquake. Electonically maintained data/records shall be protected and backed up.

Contractor agrees that the accourting and other records of any and all companies conducting operations addressed in the Agreement shall be provided or made available to City and its agents and/or representatives during normal business hows. Conhactor shall allow and permit City or City representative to audit its accounting records and all other records required by this Agteement, and to meet with Contractor personnel to veriff data. Contractor shall cooperate to the fullest extent with City during such an audit process.

Unless otherwise herein required, Contractor shall retain all records and data required to be maintained by this Agreement for at least five (5) years after the expiration of this Agreement.

8.1.1 Rnruse ItEcoRDs
Records shall be maintained by Contactor for City relating to:

A. Service recipient services.

B. Weight and volume by type (e.g., Refuse, Recyclable Materials, and Compostable Materials). Where possible, information is to be separated among Single-Family Residences, Multi-Family Complexes, ild Commercial Businesses
Routes.

Facilities, equipment and personnel used.

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8.2 F. Disposal and Processing Facility weight tickets for Refuse, Recyclable Materials, and Compostable Materials. Residue will be allocated as a percent of all materials processed by Contractor.

Contractor shall maintain records of all Refuse, Recyclable Materials, and Compostable Materials collected in the City for the period of this Agreement plus five (5) years after its termination. Records shall be in chronological and organized form, and readily and easily interpreted. In the event City requests, Contactor shall provide all records of all Refuse, Recyclable Materials, and Compostable Materials to City within sixty (60) days of discontinuing service.

8.I.2 RrcyCr,Inr,n MATNNTaIS AND COMPOSTABLE MATERIALS
CoLLECTION SERVICE RECORDS
Records shall be maintained by Contractor that relate to:

A. Recyclable Materials and Compostable Materials sales value; B. Weight of material by type

8.1.3 Tnaxsrnn AI\ID DrsPosAL REcoRDs
Contractor shall maintain records of transfer, Disposal and Processing of all Refuse, Recyclable Materials, and Compostable Materials collected by Contractor for the period of this Agreement plus five (5) years after its termination. Records shall be in chronological and organized forrn and readily and easily interpreted. In the event City requests, Contractor shall provide all records of transfer and Disposal or Processing of all Refuse, Recyclable Materials, and Compostable Materials collected by Contractor within thirly (30) days of discontinuing service.

REPORTS

8.2.1 Gnrrrur.

Report Formats and Schedule. Records shall be maintained by Contractor in forms and by methods that facilitate flexible use of data contained in them to structure reports, as needed.

Contractor may propose report formats that are responsive to the objectives and audiences for each report. The City shall approve the format of each report. Contractor agrees to submit all reports in a format acceptable to the City.

Annual reports shall be submitted no later than April ltt, after the close of each fiscal year ending December 3l't.

All reports shall be submitted to:

City of Sebastopol
Attention: City Manager
7120 Bodega Ave
Sebastopol, CA 95472
City of Sebastopol Collection Services Agreement
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Agenda Item Number: 7
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1 8.3 ANNUAL RnPoRTS

8.3.1 ANNUAL Rnponr REQUREMENTS
Annual Reports are due on or before June I't each year and shall be presented by Contractor to show the following infomation:

A. Refuse Sewices. Provide total tonnage by Single-Family Residences and Commercial Businesses. Where possible, tonnages for Multi-Family Residential Complexes will be provided.

B. Recyclable Materials Services. Provide tonnage by Single-Family Residences and Commercial Businesses. Where possible, tonnages for MultiFamily Residential Complexes will be provided.

C. Recyclable Totals. Indicate by material type the total of recyclable materials processed and sold.

D. Compostable Materials Service. Provide tonnage by Single-Family Residences and Commercial Businesses. Where possible, tonnages for MultiFamily Residential Complexes will be provided.

E. Christmas Tree Collection. Provide total tons diverted.

F'. Summarize Annual Outreach Efforts
1) Describe materials distibuted
2) Provide sunmary of Commercial Business and Multi-Farnily Complexes contacted.

G. Pilot and New Programs. Describe any new or pilot programs initiated during report year.

H, Summary Assessment. Provide a summary assessment of the overall Refuse, Recyclable Materials, and Compostable Materials program from Contractor's perspective relative to financial and physical status of program.

Highliglrt significant accomplishments and problems.

I. Equipment Inventory. The annual report shall include a complete inventory of equipment used to provide all services. The inventory shall list all vehicles by manufacturer and model year; all equipment by ID number, date of acquisition and vehicle type.

Upon request, Contractor shall provide reports to the City Manager on program status.

As requested, biannual presentation shall be made to the City Council updating the City on program status.

8.4 FINAI\{CIALINFORMATION
On or before June ltt after the close of each fiscal year ending December 31, Contractor shall provide the City with an independent CPA statement of applicable cash receips for the puf,pose of verifring and reconciling the franchise fee paid to the City.

The financial statements and footnotes shall be prepared in accordance with Generally Accepted Accounting Principles (GAAP) consistently applied and fairly reflecting the results of operation and Contractor's financial condition.

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1 8.5 Dn/ERsIoN Pnocruus
Contractor shall build on the diversion, education and other required programs or actions required by this Agreement, in order to meet the diversion requirements of the California Integrated Waste Management Act of 1989 (Ac| (California Public Resources Code Section 40000 et seq.).

8.6 RTCTTT TO INSPECT RECORDS
The City shall have the right to inspect or review the income tax retums, payroll tax reports, specific documents or records required pursuant to this Agreement, or any other similar records or reports of the Contractor that City Manager or City Council shall deem, in their sole discretion, necessary to evaluate annual reports, rate review applications provided for in this Agreement, and the Contractoy's performance provided for in this Agreement. City shall attempt to maintain the confidentiality of the records and information provided in this paragraph, consistent with the necessity of supporting any reconrmendations to the City Council. Should City receive a Public Records Act request for this information, it shall noti$ Contractor and Contractor may take whatever legal action may be available to it to prevent these documents and this information from becoming public.

8.7 InsprcrroN BY CrrY
The designated representatives of the City shall have the right to observe and review Contractor operations and enter its place(s) of business for the purposes of such observation and review at all reasonable hours with reasonable notice.

8.8 PUnT,ICICUSTOMER SERVICE AND ACCTSSTNILITY

8.8.1 Orrrcp Loclrrox
The Contractor shall maintain an offlrce at 3400 Standish Avenue, Santa Rosa, CA 95407 or such other location that is within the municipal limits of the Crty as they may choose where payments may be made and shall be open dwing normal business hours.

If the office is located outside of the City of Sebastopol, Contractor must ensure that telephone calls to it from locations within the City are billed as "local calls".

8.8.2 OFFICE HOURS
A representative of the Contactor shall be available from 8 a.m. to 5:30 p.m. Monday tbrough Friday and from 8:00 a.m. to 3 p.m. on Saturdays to communicate with the public in person and by telephone. A message machine shatl be available for residents to leave a message drning non-business hours.

Calls shall be returned within twenty-four (24) hours, ild messages left on Saturday or Sunday shall be returned no later than the end of the next business day. The office may be closed on Sundays, and designated holidays as described in Exhibit E.

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Contractor shall install telephone equipment sufiicient to handle the volume of calls typically experienced on the busiest days The Contractor shall handle all calls regarding services including, but not limited to, billing, account set-up, missed pickups, Complaints, changes in services, Bin repair, and other such service-related issues.

8.9 Trrln roREFusE
Once Refuse, Recyclable Materials, and/or Compostable Materials are placed in containers and properly placed at the Collection location, ownership and the right to possession shall transfer directly from the Generator to Contractor by operation of this Agreement. Subject to Contractoy's objective to meet the AB 939 diversion goals and City's right to direct Contractor to process and dispose of Refuse at a particular licensed site or to dispose of Refuse at a particular licensed Disposal Site, Contactor is hereby granted the right to retain, recycle, process, dispose of, and otherwise use such Refuse, or any part thereol in any lawful fashion or for any lawful purpose desired by Contractor.

Subject to the provisions of this Agreemenq Contractor shall have the right to retain any benefit resulting from its right to retaino recycle, process, dispose of, or re-use the Refuse, which it collects. Refuse, or any part thereol which is deposited at a Disposal Site, transformation site, Transfer Station, or Processing Facility shall become the property of the Owner or operator of the facility, once deposited there by Contractor.

City may obtain ownership or possession of Refuse placed for Collection upon written notice of its intent to do so; however, nothing in this Agreement shall be construed as giving rise to any inference that City has such ownership or possession unless such written notice has been given by City to Contractor.

8.10 NOX.DTSCRIMINATION
Contactor shall not discriminate in the provision of service or the employment of persons engaged in performance of this Agreement on account of race, color, religion, sex, age, physical handicap, or medical condition in violation of any applicable federal or state law.

8.11 Rnponr oF ACCT.TMULATION OF REFUSE; UNAUTHORTZnD DUMPTNG Contractor shall direct its drivers to note (1) the addresses of any Premises at which they observe that Refuse, Recyclable Materials, and Compostable Materials is accumulating and is not being delivered for Collection; and (2) the address, or other location description, at which Refuse has been dumped in an apparently unauthorized maoner. Contactor shall deliver the address or description to City within five (5) working days of such observation.

City af Sebastopol Collection Services Agreement
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FRANCHISE FEE & OTTTBR FEES

9.1 FRANCHISN FNN
ln consideration of the rights provided Confractor herein, Contractor shall pay to City ten (10) percent of Gross Revenues derived by Contractor from all services provided in City under this Agreement. This fee may be adjusted by City by resolution.

Such adjustment shall be reflected in the rates that the Contractor charges and collects from Generators.

9.2 ornnnFprs
The City shall reserve the right to set "other" fees, as it deems necessary. The amoun! time and method of payment and adjusftnent process will be set similar to Section 7.1 above. This may include a pass-through to pay the City's share of the Sonoma County Waste Management Agency Joint Powers Authority program fees should they no longer be included in landfrll tipping fees.

9.3 ADJUSTMENT TO FNTS
City may adjust the arnowrt of the fees annually, if necessary, to recover its costs for Refuse-related services and progftrms. Such adjustnent shall be reflected in the rates that the Contractor charges and collects from Generators.

City of Sebastopol Collection Services Agreement
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II\DAMMTY, INST}RANCE,
FhITHFT]L PERFORMANCE

10.1 AB939lxnpprxmlcArroN
Contractor shall, by implementing in a timely and effective mannero the diversion, education and other required programs or actions required by this Agrcement, comply with the diversion requirements for Sebastopol of the Califomia Integrated Waste Management Act of 1989 (Act) (Califomia Public Resources Code Section 40000 et seq.) to attain 50 percent diversion of Refuse from disposal into landfills by the end of the year 2003. In addition to all other relief provided Conhactor and City under this Agreement, Contractor agrees to defend, indemniS, and hold harmless, the City Parties from and against all fines and/or penalties imposed by the Califomia Integrated Waste Management Board for operations during the Term of this Agreement in the event the source reduction and Recycling goals or any other requirement of the Act are not met by the Contractor with respect to the waste stream collected under this Agreement and such failure is due to the failure of Contractor to meet its obligations under this Agreement and/or for delays in providing information that prevents Contractor or City &om submitting reports required by AB 939 in atimely manner.

IO.2 INSURANCE
2I IA.2.I MINIMUM SCOPP OF INSI]RANCE
22 Coverage shall be at leastas broad as:
?3 A. Insurance Services Offrce form number CG 0001 covering Commercial 24 General Liability or Comprehensive General Liability Insurance. 25 B. Insurance Services Offrce 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 Employers Liability insurance. 29 10.2.2 MrxnnuurlrurrsoFlNsrlRANcp
30 Contractor shall maintain limits no less than:
31 A. Comprehensive General Liability: $5,000,000 combined single limit per 32 occurence for bodily injury, personal injuty and properly 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 Califomia and Employer's Liability limits of $1,000,000 per accident. 38 10.2.3 DPNUCTTTLES AND SELF-INSURED RETENTIONS
39 Any deductibles or self-insured retentions must be declared to and approved by 4A the City. At the option of the City, ei.ther (1) the insurer shall reduce or eliminate City of Sebastopol Collection Services Agreement December 5, 2008 38 Agenda Item Number: 7
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City Council Meeting Packet for Meeting of: February 20, 2024

such deductibles or self-insured retentions as respects the City, its officials, and employeest or Q) the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses.

10.2.4 Ornnn INSURANCE PRovrsroNs
The policies are to contain, or be endorsed to contain, the following provisions:

A. General Liability and Automobile Liability Coverage
1) The City, its offrcials, employees, and volunteers are to be covered as additional insrneds as respects (1) liability arising out of activities performed by or on behalf of the Contractor; (2) products and . completed operations of the Contractor; (3) Premises owned, leased or used by the Conhactor; or (4) automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its offtcials, employees, or volunteers.
2) The Contractot's insurance coverage shall be primary insruance as respects the City, its officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it.
3) Any failure to comply with reporting provisions of the policies shall not aflect coverage provided to the City, its officials, employees, or volunteers.
4) Coverage shall state that the Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.

B. All Coverages. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits, except after thirly (30) days' prior written notice by certified mail, retum receipt requested, has been given to the City.

10.2.5 ACCEPTABILITY OF INSURERS
With the exception of Workers'Compensation Insurance covered by State Fund, the insuance policies required by this section shall be issued by an insurance company or companies authorized to do business in the State of California and with a rating in the most recent edition of Best's Insurance Reports of size category VII or larger and a rating classification of "A" or better.

L0.2.6 VnnrrrclrloN oF CovERAGE
Contactor shall furnish Contractor's insurance agent a copy of these specifications and City approved endorsement, and direct the agent to provide the City with certificates of insurance and with original endorsements affecting coverage required by this clause. The endorsements shall be submitted to City on forms provided by the City or on other forms that conform to the City's requirements and are approved the City. Issuance of documentation indicates the City of Sebastopol Collection Services Agreement
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Contractols insurance complies with these provisions. The certificates and endorsements for each insurance policy are to be signed by a Person authorized by that insurer to bind coverage on its behalf. The City reserves the right to require complete, certified copies of all required insurance policies and endorsements at any time.

10.2.7 REenm,ED EwoonsruENTs
A. The Workers' Compensation policy shall corxain an endorsement in substantially the following form:
1) "Thirt5r (30) days' prior written notice shall be given to the City of Sebastopol in the event of cancellation, reduction in coverage, or nonrenewal of this policy. Such notice shall be sent to:

City Manager
City of Sebastopol
Tl2ABodega Ave
Sebastopol, CA95472
B. The Commercial General Liability Business and Automobile Liability policies shall contain endorsements in substantially the following form:
l) "Thirty (30) days'prior written notice shall be given to the City of Sebastopol in the event of cancellation, reduction in covefage, or nonrenewal of this policy. Such notice shall be sent to:

City Manager
City of Sebastopol
7120 Bodega Ave
Sebastopol,CA95472
2) "This policy shall be considered primary insurance as respects any other valid and collectible insurance maintained by the City of Sebastopol, including any self-insured retention or progfttm of selfinsurance, and any other such insurance shall be considered excess insurance only."
3) "Inclusion of the City of Sebastopol as an insured shall not affect the City's rights as respects any claim, demand, suit or judgment brought or recovered against the Contractor. This pohcy shall protect Contractor and the City in the same manner as though a separate policy had been issued to each, but this shall not operate to increase the Contractor's liability as set forth in the policy beyond the amount shown or to which the Conhactor would have been liable if only one party had been named as an insured.

City of Sebastopol Collection Services Agreement
40 December 5, 2008
Agenda Item Number: 7
Agenda Item Number: 7
City Council Meeting Packet for Meeting of: February 20, 2024

ARTICLE I.I..

DEEAUI..;T AND REMEDIES

11.1 EVENTS OF DEFAULT
Each of the following shall constitute an event of default ("Event of Default") hereunder:

A. Contractor fails to perform its obligations under this Agreement or future amendment to this Agreement, and (l) if the failure or refusal of Contactor to perform services as described in Section 5.2, Refuse Service; Section 5.3, Recycling Services; Section 5.4, Compostable Materials Program; or Section 5.5, City Facilities and Event Collection, as required by this Agreement, is not cured within two (2) business days after receiving notice from the City speciffing the breach; or (2) in the case of any other breach of the Agreement, the breach continues for more than thirty (30) calendar days after written notice from the City for the correction thereof, provided that where such breach cannot be cured within such thirty- (30) day period, Contractor shall not be in default of this Agreement if Contactor shall have commenced such action required to cure the particular breach within ten (10) calendar days after such notice, and it continues such performance diligently until completed.

B. Any representation or disclosure made to City by Contactor in connection with or as an inducement to entering into this Agreement or any future amendment to this Agreement, which proves to be false or misleading in any material respect as of the time such representation or disclosure is made, whether or not any such representation or disclosure appears as part of this Agreement.

C. There is a seizure or attachment (other than a pre-judgment attachment) of, or levy affecting possession on, the operating equipment of Contactor, including without limit its vehicles, maintenance, or office facilities, or any part thereof of such proportion as to substantially impair Contractor's ability to perform under this Agreement and which cannot be released, bonded, or otherwise lifted within forty-eight (48) hours excluding weekends and holidays.

D. Contractor files a voluntary petition for debt relief under any applicable bankruptcy, insolvency, debtor relief, or other similar law now or hereafter in effect, or shall consent to the appointment of or taking of possession by a receiver, liquidator, assignee (other than as a part of a transfer of equipment no longer useful to Contractor or necessary for this Agreement), trustee (other than as security for an obligation under a deed of trust), custodian, sequestator (or similar official) of the Contactor for any part of Contractor's operating assets or any substantial' part of Contractor's property, or shall make any general assignment for the benefit of Contractols creditors, or shall fail generally to pay Contractor's debts as they become due or shall take any action in firtherance of any of the foregoing.

E. A court having jurisdiction shall enter a decree or order for relief in respect of the Contractor, in any involuntary case brought under any bankruptcy, City of Sebastopol Collection Services Agreement December 5, 2008 4"1.

Agenda Item Number: 7
Agenda Item Number: 7
City Council Meeting Packet for Meeting of: February 20, 2024

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insolvency, debtor relief, or similar law now or hereafter in effflect, or Contractor shall consent to or shall fail to oppose any such proceeding! or any such court shall enter a decree or order appointing a receiver, liquidator, assignee, custodian, tnrstee, sequestrator (or similar official) of the Contractor or for any part of the Contractor's operating equipment or assets, or orders the winding up or liquidation of the affairs of Contractor.

F. Contractor fails to provide reasonable assurances of performance as required under Section 11.7.

G. Con*actor delivers Refuse to a Disposal Site or Compostable Materials to a Composting Facility other than the speci{ic facilities designated by City, unless Contractor receives written notice from City of a permanent change in designated facility, or Qity has expressly directed Contractor in writing to temporarily transport Refuse or Compostable Materials to an altemate site due to an inability of City designated facility to accept materials.

II.2 RrCrrr TO TERMINATE UPON DOTAUIT
Upon the occurrence of a Default by Contractor, the City shall have the right to gnilaterally terminate this Agreement upon further ten (10) days' prior notice to Contractor without the need for any hearing, suit or legal action.

11.3 PosspssroNoFPRoPERTYrlPoN Trnunv^q'rrox
In the event of termination following a Default, the City shall have the right to the use of ttre Contactors land, to take possession of any and all of Contractor's equipment, and other materials used or useful in the Collection and Transportation of Refuse, Recyclable Materials, or Compostable Materials and the billing and collection of fees for these services and to use such properly. The City shall have the right to retain the possession andlor use of such property wrtil other suitable arrangements can be made for the provision of Refuse, Recyclable Materials, or Compostable Materials Collection services, which may include the award of an Agreement to another company. Advance billing revenues collected by Contractor for period of default shall be transferred to City for use in operating collection services until normal operations resume. tl.4 Crrv's REMEDTES Cutwularrvn; SPEcIFTc PERFoRMANCE
The City's right to terminate the Agreement under Section 11.2 and to take possession of the Contractor's properties under Section I 1.3 are not exclusive, and the City's termination of the Agreement shall not constitute an election of remedies. Instead, they shall be in addition to any and all other legal and equitable rights and remedies, which the City may have, including the City's right to recovery on the faithfirl performance bond (described in Section 9.5 of this Agreement) in the Event of Default.

By virtue of the nature of this Agreemen! the urgency of timely, continuous, and higlr quality service, the lead time required to effect alternative service, and the rights granted by City to the Contractor, the remedy of damages for a breach hereof by Contractor is inadequate and City shall be entitled to injunctive relief.

City of Sebastopol Collection Semices Agreement
42 December 5, 2A08
Agenda Item Number: 7
Agenda Item Number: 7
City Council Meeting Packet for Meeting of: February 20, 2024

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11.5 Lreum^c.TEDDAMAGES

11.5.1 GBxSRAL
The City finds, and Contractor agrees, that as of the time of the execution of this Agreement, it is impractical, if not impossible, to reasonably ascertain the extent of damages which shall be incurred by City as a result of a breach by Contractor of its obligations under this Agreement. The factors relating to the impracticability of ascertaining damages include, but are not limited to, the fact that (i) substantial damage results to members of the public who are denied services or denied quality or reliable service; (ii) such breaches cause inconvenience, anxiety, frustation, ffid deprivation of the benefits of the Agreement to individual members of the general public for whose benefit this Agreement exists, in subjective ways and in varying degtees of intensity which are incapable of measurement in precise monetary terms; that (iii) exclusive services might be available at substantially lower costs than alternative services and the monetary loss resulting from denial of services or denial of quality or reliable services is impossible to calculate in precise monetary terms; and (iv) the termination of this Agteement for such breaches, and other remedies are, at best, a means of future correction and not remedies which make the public whole for past breaches.

City may reasonably determine the occurrence of events giving rise to liquidated damages through (1) the observation of its own employees or representative, or (2) investigation of customer Complaints.

Liquidated damages will only be assessed after Contractor has been given the opportunity but failed to rectif the damages as described in this Agreement.

Prior to assessing liquidated damages, City shall give Contractor notice of its intention to do so. The notice will include a brief description of the incident(s)/non-perfornance. City may review (and receive copies at Contractor's expense) all information in the possession of Contractor relating to incident(s)/non-perfonnance. Contractor may, within ten (10) days after receiving the notice, request a meeting with City. Contractor may present evidence in writing and through testimony of its employees and others relevant to the incideirt(s)/non-perfonnance. City will provide Contractor with a written explanation of its determination on each incident(s)lnon-performance prior to authorizing the assessment of liquidated damages. The decision of whether to assess liquidated damages shall be made by the City Council and shall be final.

The Decision to assess liquidated damages and the amount of such assessment shall be made by the City Council and shall be final. Said assessment of liquidated damages shall be reasonably related proportional to the scale of the incident/non-performance

11.6 Excusn FR0M PBnronulxcE
The parties shall be excused from performing their respective obligations hereunder in the event they are prevented from so perforrring by reason of floods, earthquakes, other "acts of God," war, civil insurrection, riots, acts of any government (including judicial action), and other similar'catastrophic events which are beyond the City of Sebastopol Collection Services Agreement
43 December 5, 2008
Agenda Item Number: 7
Agenda Item Number: 7
City Council Meeting Packet for Meeting of: February 20, 2024

L control of and not the fault of the party claiming excuse from perfounance hereunder. 2 Labor unrest, including but not limited to sbike, 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 perfonnance and Contractor shall be obligated to 5 continue to provide service notwithstanding the occrrrence of any or all of such events. 6 In the case of labor unrest or job action directed at a third parly over wbom Contractor 7 has no control, the inability of Contactor to make Collections due to the unwillingness 8 or failure of the third party to provide reasonable assurance of the safety of Contractor's 9 employees while making Collections or to make reasonable accommodations with 10 respect 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 72 Persons necessary to make Collections shall, to that limited extent, excuse performance 13 and provided further that the foregoing excuse shall be conditioned on Contractols 74 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 1,6 parly 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 79 parties hereby waive any claim against each other for any damages sustained thereby. 20 The partial or complete intemrption 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. Not'withstanding the foregoing, howevero (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 Cif shall neverttreless 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 II.7 RIGHT TO DEMAhID ASSTJRANCES OF PBNTONUNXCN
31 If Confiactor (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 judgrnent 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 Contractols 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 4\ the Agreemenl. 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
M
December 5, 2008
Agenda Item Number: 7
Agenda Item Number: 7
City Council Meeting Packet for Meeting of: February 20, 2024

'1,
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ARTICLE 12.

OTTTpn AGREEMENTS OF THE

PARTIES
l2.l RnlerroxsHlP oF Pmrms
The parties intend that Contractor shall perform the services required by this Agreement as an independent Contractor engaged by CrW and not as an offtcer or employee of tlie City nor as a partner of or joint venture with the City. No employee or agent or Contactor shall be or shall be deemed to be an employee or agent of the City.

Except as expressly provided herein, Contractor shall have the exclusive control over the manner and means of conducting the Refuse Collection and Disposal services performed under this Agreemen! and all Persons performing such services. Contractor shall be solely responsible for the acts and omissions of its offrcerso employees, subcontractors, and agents. Neither Contractor, nor its officers, employees, subcontactors, and agents shall obtain any rights to retirement benefits, Workers' Compensation benefits, or any other benefits, which accrue to City employees by virtue of their employment with the City.

12.2 Coprpr,rnvcEwITHLaw
In providing the services required under this Agreement Contactor shall at all times, at its sole cost, comply with all applicable laws, permits, and licenses of the United States, the State of California, and the City, and with all applicable regulations promulgated by federal, state, regional, or local administrative and regulatory agencies, now in force and as they may be enacted, issued, or amended &ning the Term.

12.3 Govnnxrnc LAw
This Agreement shall be govemed by, and construed and enforced in accordance with, the laws of the State of Califomia.

12.4 Junrsorcrrox
Any lawsuits betrveen the parties arising out of this Agreement shall be brought and concluded in the courts of Sonoma County in the State of Califomia, which shall have exclusive jwisdiction over such lawsuits.

With respect to venue, the parties agree that this Agreement is made in and will be performed in Sonoma County.

12.5 Gu.ml,xry oF CoNTRAcToR's PnnronuANcE
A Performance Bond in a form acceptable to the City shall guarantee Contractor's performance of this Agreement. The Guaranty is being provided concurrently with Contactor's execution of this Agreernent.

12.6 Assrcmupnr
Neither party shall assign its rights nor delegate or otherwise transfer its obligations wrder this Agreement to any other Person without ttre prior written consent of the other party. Any such assignment made without the consent of the other party City of Sebastopol Collection Services Agreement
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December 5, 2008
Agenda Item Number: 7
Agenda Item Number: 7
City Council Meeting Packet for Meeting of: February 20, 2024

shall be void and the attempted assignment shall constitute a material breach of this Agreement. Consent shall not be unreasonably withheld.

For purposes of this section, "assignment" shall include but not be limited to (i) a sale, exchange, or other transfer of substantially all of Contractor's assets dedicated to service under this Agreement to a third party; (ii) a sale, exchange, or other hansfer of l0 percent (10%) or more of the outstanding co$rmon stock of Contactor or parent company or holding company to a Person other than a direct family member or trust that exclusively benefits family members; (iii) any reorganizalion, consolidation, merger, recapitalizatio& stock issuance or re-issuance, voting trust, pooling agreement, escrow arrangement, liquidation or other transaction to which Contactorr p?reot company, or holding company or any of its shareholders is a party which results in a change of ownership or confiol of 10 percent (109/0) or.more of the value or voting rights in the stock of Contractor or a parent company, or holding company; and (iv) any combination of the foregoing (whether or not in related or contemporaneous transactions) which has the effect of any such transfer or change of ownership. For purposes of this sectiono the term "proposed assignee" shall refer to the proposed transferee(s) or other successor(s) in interest pursuant to the assignment
All costs incurred by the City related to Assignment, shall be reimbursed by the Contractor or Assignee prior to final approval of Assignment by the City. 12,7 SuncoxrnecrrNc
Contractor shall.not engage any subcontractors for Collectioq Processing, or Disposal of Refuse, Recyclable Materials, and Compostable Materials without the prior written consent of the City.

12.8 Bnvonvc oN SuccEssoRs
The provisions of this Agpement shall inure to the benefit to and be binding on the successors and permitted assigns of the parties.

12.9 TRANSITION TO NnXr COXrneCrOn
At the point of transition, Contractor will take direction from the City and subsequent Contractor(s) to assist in an orderly transition, which will include Contractor providing route lists and billing information. Contractor will not be obliged to sell Collection vehicles to the next Contractor. Depending on Contractoy's circumstances at the point of transition, the Conkactor at its option may enter into negotiations with the next Contractor to sell (in pan or all) Collection vehicles.

In connection therewith, Contractor acknowledges that the provisions of Public Resources Code Sections 4952A-49523 have no application to this Agreement and agrees, to the extent such sections may have application, to waive whatever rights they mayafford.

WA PARTIES IN INTEREST
Nothing in this Agreement, whether express or implied, is intended to confer any rights on any Persons other than the parties to it and their representatives, successors, and permitted assigns.

City of Sebastopol Collection Services Agreement December 5, 2008 46 Agenda Item Number: 7
Agenda Item Number: 7
City Council Meeting Packet for Meeting of: February 20, 2024

12.11 W,lrvEn
The waiver by either party of any breach or violation of any provisions of this Agreement shall not be deemed to be a waiver of any breach or violation of any other provision nor of any subsequent breach of violation of the same or any other provision.

The subsequent acceptance by either party of any monies which become due hereunder shall not be deemed to be a waiver of any pre-existing or concurrent breach or violation by the other party of any provision of this Agreement.

12.12 Norrcn
All notices, demands, requests, proposals, approvals, consents, and other communications which this Agreement requires, authorizes, or contemplates all, except as provided in Section 10.1, be in writing and shall either be personally delivered to a representative of the parties at the address below or be deposited in the United States mail, first class postage prepaid, addressed as follows:

If to City:

City of Sebastopol
Attention: City Manager
Tl20Bodesa Ave
Sebastopol, CA95472
If to Contractor: James Salyers, Vice President
Redwood Empire Disposal
P.O. Box 1916
Santa Rosa, CA95402
The address to which communications may be delivered may be changed from time to time by a notice given in accordance with this section.

Notice shall be deemed given on the day it is personally delivered or, if mailed, three days from the date it is deposited in the mail.

I2.I3 REPRESENTATIVES OF TIIE PMTTNS
References in this Agreement to the "City" shall mean the City Council and all actions to be taken by the Cfu shall be taken by the City Council except as provided below. The CityCouncil may delegate authority to the City Manager, or their designee.

The Confactor may rely upon actions taken by such delegates if they are within the scope of the authority properly delegated to them.

The Contactor shall, by the Effective Date, designate in writing a responsible officer who shall serve as the representative of the Contractor in all matters related to the Agreement and shall inform the City in writing of such designation and of any limitations upon his or her authority to bind the Contractor. The City may rely upon action taken by such designated representative as actions of the Contractor unless they are outside the scope of the authority delegated to himlher by the Contractor as communicated to City.

City of Sebastopol Collection Services Agreement
47 December 5, 2008
Agenda Item Number: 7
Agenda Item Number: 7
City Council Meeting Packet for Meeting of: February 20, 2024

(
By
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37 IN WITNESS WHEREOF, City and Contractor have executed this Agreement as of the day and year fust above written.

ATTEST: CITY OF SEBASTOPOL (-City")
By
APPROVED AS TO FORM:

REDWOOD EMPIRE DISPOSAL, NC., A
corporation ( " Contractor" )
By:

N
President / 0
By:

City of Sebastopol Collection Serttices Agreement
48 Decernber 5, 2008
Agenda Item Number: 7
Agenda Item Number: 7
City Council Meeting Packet for Meeting of: February 20, 2024

EXIIIBIT A

CITY SERYICE LOCATIONS
Contractor shall provide containers and collection of Refuse, Recyclable Materials and Compostable Materials to all City facilities identified herein. Conftactor shall also provide collection of Refuse 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
I
714 Johnson Street
7120 BodegaHrry
7425 Bodega Hrvy
370 Johnson Street
167 High Street
7400 Willow
7985 Valentine Ave
390 Monis Steet
390 Monis Street
462 Johnson Street
7781 Bodega Ave
7140 BodegaAve
Ives Park/Pool
Libby Park
Sebastopol Community Center
Laguna Park
High School District Office
Luther Brnbank Farm
Sebastopol Regional Library
City Cans in downtown area and bus stops
Agenda Item Number: 7
Agenda Item Number: 7
City Council Meeting Packet for Meeting of: February 20, 2024

Location of Participant
Fire Station
City Hatl
Sebastopol Regional Library

EXHIBIT B

BATTERY BUCKET LOCATIONS
Address
Bodega Ave
7120 Bodega Avenue
7140 Bodega Ave.

Phone
QA7) 823-7863
(707) 823-76e1
Location
In lobby
In lobby
In lobby
City may add up to two additional locations. Contractor shall collect batteries from all locations unless directed by Crty to collect at one or more centalized locations.

City of Sebastopol Callection Services Agreement
2 Decernber 5, 20A8
Agenda Item Number: 7
Agenda Item Number: 7
City Council Meeting Packet for Meeting of: February 20, 2024

EXHIBIT C
CITY.SPONSORED EYENTS
Contractor shall provide solid waste and recycling containers and services to the following events:
. Apple Blossom Festival
o Art/IV{usic Series in the Plazaduring the Summer
r Roma Festival
o 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 AgFeement
3 December 5, 2008
Agenda Item Number: 7
Agenda Item Number: 7
City Council Meeting Packet for Meeting of: February 20, 2024

EXHIBIT I)

RECYCLABLE MATERIALS
The Single Recyclable Materials Stream shall include:

Paper:
r Newspaper
r Comrgated cardboard
r Mixedpaper
o Junk mail
o Phone books
o Magazines
o Office Paper
o Computer paper
CartonslBoxeslBags
. Paper Egg Cartons /Brown paper cartons
o Milk cartons
o Cereal boxes
o Shoe Boxes
o Plastic bags or film (LDPE/IIDPE)
City of Sebastopol Collection Semices Agreement
4 Glass
o Glass - household food and beverage bottles and jars
Metal
r Aluminum cans
r Metal cans - household food and beverage containers
. EmpW aerosol cans
r Lids from Jars
Plastic Containers
r Milk containers
r Soda and water bottles
r Plastic containers - household food and beverage containers o Yogurt and margarine tubs
r Deli containers
Rigld Plastics Containers
. Recycle Crates
r Laundrybaskets
o Five Gallon Buckets
o Plastic lawn furniture
o Envelopes
e Post-it Notes
o Catalogs
o Manuals
o Colored Paper
r Stationary
o ShreddedPaper
e NCRPaper
o Crackerboxes
o Tissue Boxes
o FrozenFoodboxes
r Juice Cartons
December 5, 2008
Agenda Item Number: 7
Agenda Item Number: 7
City Council Meeting Packet for Meeting of: February 20, 2024

EXHIBIT E

CONTRACTOR HOLIDAY LIST
Holidays Contractor's Office May Be Closed:
o New Year's Day
r Presidents Day
o Memorial Day
r Fourth of July
City of Sebastopol Collection Services Agreement
2 r Labor Day
o Thanksgiving Day
r Christmas Day
Collection Service Holidays May Be Observed:
(Some commercial accounts may require Collection on the observed holidays) o NewYear's Day
o Fourth of July
r Labor Day
o Thanksgiving Day
o ChristmasDay
Decernber 5, 2008
Agenda Item Number: 7
Agenda Item Number: 7
City Council Meeting Packet for Meeting of: February 20, 2024

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Agenda Item Number: 7
Agenda Item Number: 7
City Council Meeting Packet for Meeting of: February 20, 2024

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City of Sebastopol Collection Services Agreement
2 December 5, 2008
Agenda Item Number: 7
Agenda Item Number: 7
City Council Meeting Packet for Meeting of: February 20, 2024

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Map dd!92m8TdcAllcs "*Pr
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December 5, 2008
Agenda Item Number: 7
Agenda Item Number: 7
City Council Meeting Packet for Meeting of: February 20, 2024

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Agenda Item Number: 7
Agenda Item Number: 7
City Council Meeting Packet for Meeting of: February 20, 2024

Ooeratine Costs
Labor:

Fuel
Vehicle Replacement:

Vehicle Maintenance:

All Other:

EXHIBIT G
REFUSE RATE FINAI\CIAL STATEMENT FORM
List all administrative, officer, operation and maintenumce salary accounts.

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

List all fuel costs.

List all Collection and Collection related vehicle depreciation accounts.

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

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 lndex" adjustrnent shall be calculated in the following manner:
l. The expenses of providing Collection Services in the Service Area for the designated frscal 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 terrns of the Agreement.

Cost Catesorv Index
Labor: Series ID: cis201s000000000i Service-Producing Industies City of Sebastopol Collection Semices Agreement December 5, 20A8 5 Agenda Item Number: 7
Agenda Item Number: 7
City Council Meeting Packet for Meeting of: February 20, 2024

Fuel:

Vehicle Replacement:

Vehicle Maintenance:

All Other:

City of Sebastopol Collection Services Agreement
6 Series ID: wpuO573l3;Commodity Code 0573-03 #2 Diesel Fuel Series ID: pcu3362ll3362l1l Truck, bus, car and other vehicles bodies, for sale separately
Series ID: pu8339243339243 Parts and attachments for
Industrial work trucks
Series ID: cuur0000sa0 seventy-five percent (75%) of Consumer Price Index, All Urban Consumers, All Items
The percentage weight for each cost oategory is multiplied by the change in each appropriate index to calculate a weighted percentage for each cost category. The weiglrted percentage changes for each cost category axe added together to calculate the Refuse Rate Index.

December 5, 2008
Agenda Item Number: 7
Agenda Item Number: 7
City Council Meeting Packet for Meeting of: February 20, 2024

CIW OF SEEASTOPOL

PROPOSED RATES
EFFECTIVE JANUARY 1, 2OO9

EXHIBIT H
NEW

MONTHLY
RATE
Residential
Disposal
Generation
Factor
Solid
Waste
Disposal
Component
s82.00
Collection
Component
Franchise
Fee
Component
TO.OAYo
$0.70

91.22 S2.25
S3.zs
Sz.u
s3.57

94.8e
S6.u
Sz.zs
s4.49
So.zc
$z.so

DESCRIPTION

RESIDENTIAL
20 GAL CAN 1XWK
32 GATCAN 1XWK
64 GAL CAN 1XWK
96 GAL CAN 1XWK
2 32 GAL CAN 1XWK
3 32 GAL CAN 1XWK
4 32 GAL CAN 1XWK
5 32 GAL CAN 1XWK
64 GAL CAN 1XWK
2 54 GAL CAN 1XWK
3 64 GAL CAN 1XWK
2 96 GAL CAN 1XWK

TOTAL RESIDENTIAL

COMMERCIAL
s7.00
itz,zs
$22.s0
S37.50
924.s0
s36.7s
S4e.oo
s61.2s
$22.s0
$as.oo
$67.50
S7s.oo
s171.19
s298.73
s202.s9
s3s3.14
s28t.O7
s491.54
s1,121.61
s31s.03
s50s.11
5865.49
$1,r2s.82
$1,385.18
s395.07
s734.s4
S1,078.04
$24.30
$sr.zr
s38.98
$aos.rg
Ss62.14
$983.08
$630.06
St,zta.22
$1,730,98
$a+z.es
s607.77
5843.21
91,890.18
s48.60
s63.42
s77.96
s72.90

0.0175

0.0290

0.0420
a.o74g

0.0580

0.0870

0.1160

0.1450
a.a420

0.0840

0.1260

0.1480
$r.al
S2.38

53.M
s6.07
Sq;a
S7,13
$9.sr
s11.89
S:.aa
$6.8e
s10.33
s12.14
s4.86
S8.6s
S16.81
527.68
S17.30
92s.9s
$aa.eo
sce.zs
s16,81
s33.62
Sso.43
sss.36

1.5 YD 1XWK

1.5 YD 2XWK
2 YD 1XWK
2 YD 2XWl(
3 YD 1XWK
3 YD zXWK
3 YD sXWK
4 YD 1XW(
4YD 2XWK
4 YD 3XWK
4 YD 4XWK
4 YD 5XWK
6 YD 1XWK
6 YD 2XWK
5 YD 3XWK
S2GALCAN 1XWK
64 GAL CAN 1XWK
96 GAL CAt'l 1XWK
2 2 YD 1XWK
2 3 YD 1XWK
2 3 YD 2XWK
2 4 YD 1XWK
2 4 YD 2XWK
2 4 YD 3XWK
2 1,5 YD 1XWK
3 2 YD 1XWK
3 3 YD 1XWK
3 4 YD 2XW(
2 32 GAL 1XWK
2 54 GAL 1XWK
2 96 GAL 1XWK
3 32 GAL CAN 1XWK
*
*
*
,
*

0.0600

0.1300

0.1900
a
i
*
I
*
I
ss3.30
s106.60
s71.34
s142.68
s106.60
s213.20
ss33.00
s141.86
5283.72
$425.58
$s67.M
s709.30
$213.20
s426.40
$sag.eo
$a.gz
510.66
s1s.s8
s142.68
s213.20
5426.4A
$283.72
Ssez.aq
S851.16
s106.60
5214.02
s319.80
9851.15
Se.84
s21.?2
531.15
st4.76
s100.77
S!52.26
$110.9s
s175.15
st46.?7
s229.19
s476.46
St4L.67
s260.88
53s3.37
s44s.81
5s38.27
s742.37
$234.69
s330.6s
Sro.gs
s17.88
s19.s0
s22t.98
s292.74
s4s8.38
s283.34
s52t.76
57a6.74
s201.s4
s332.s7
Scs9.u
s850.02
s33.90
$ss.ze
S3e.oo
ss0.85
st7.t2
s29,87
s20.25
S3s.31
S28.10
s4s.1s
$uals
Ssr.so
$60.51
s86,s4
$ttz.sz
s138.51
s39.s0
s73.4s
s107.79

52.43 s3.17
$s.go
s40.52
ss6,20
9e8,30
$63.00
St2t.oz
$173.08
534.24
$60.78
s84.30
s189.oo
s4.86
S6,34
s7.80
57,29
Agenda Item Number: 7
Agenda Item Number: 7
City Council Meeting Packet for Meeting of: February 20, 2024

CITY OF sEEASTOPOL

PROPOSED RATES
EFFECTIVE JANUARY 1, 2OO9

DTSCRIPTION
3 95 GAL CAN 1XWK
4 32 GAL CAN 1XWK
4 64 GAL CAN 1XWK
4 96 GAL CAN 1XWK
4 96 GALCAN 2XWK
5 96 GALCAN 1XWK
7 32 GAL CAN 1XWK
8 32 GAL CAN 1XWK
9 95 GAL CAN 1XWK
3 YD COMPACTOR 2XWK
OTT{fR RATES
Cleanup Bin t3 days)
Extra Yard Waste Cart (per month)
Replacement Cart {after 1x per year}
Return Trip Charge
Cotaminated YWRRY Cart
Contaminated RRY Bin {per yard plus $20.00)
Push Rate (per trip per 25 feet - bin)
Walk-in Charge {per trip per 25 feet - cart}
iCommercial Conversion Factor

EXHIBIT H
NEW
MONIt{Ly
RATE
Residential
Oisposal
Generation
Factor
5olid
Waste
Disposal
Component
s82.00
s46.74
s19,63
$+z.ea
s52.32
st24.U
577.n
$za.u
s39.36
S:lio.zz
$639.60
Collection
Component
s116.94
s97.20
s125.84
$lss.e2
$311.64
$194,90
s170.10
$rsa.co
s3s0.82
s9r7.94
s17s.O0
s11.80
S75,oo
srs.oo
s20.00
ss4.19
5n+.ge
9z.u
$sg.so
s57.80
s77.52
s78.00
$rss.oo
S97.so
$118.6s
s13s.60
s17s.50
s186.ss
Franchise
Fee
Component

10.00%
s11.70

59.72 s12.58
$ls.so
s31.20
$19.s0
s17.01
s19.44
s3s.10
Sgr.zg
a
I
I
t
t s24.60 s132.e0 s17.s0
200.00 lbslyd
Agenda Item Number: 7
Agenda Item Number: 7
City Council Meeting Packet for Meeting of: February 20, 2024

EXHIBIT H

RATE SCHEDULE
Agenda Item Number: 7
Agenda Item Number: 7
City Council Meeting Packet for Meeting of: February 20, 2024

RESOLUTTON NO. 5724

RESOLUTION ESTABLISHING GARBAGE COLLECTION
RATES PURSUA}IT TO ORDINANCE NO. 519 OF TTM CNY
oF SEBASTOPOL ANIp REPEALING RESOLVTION NO..5574
WHEREAS, the City Council of the City of Sebastopol did on January 16,1967 adopt Otdixance No. 519, providing among other things, for the establishment of rates for the collection of garbage by resolution.,
NOW, TIIEREFORE, BE IT RESOLVED that effective on January 1, 2009 the "Proposed Rate/Month' column on the rate schsdule attached as "exhibit'?," shall be the approved rates for collection in accordance with the.above referred to Ordinance; BE IT ALSO RESOLVED that resolutionNo. 5574 is herebyrepealed.

IN COUNCIL DULY PASSED this 16th day of December, 2008.

AYES:Councilmembers Robinson, Wilson, Shaffer, Kelley and Mayor Gurney NOES: None
ABSTAINT None
ABSENT: N
City
Agenda Item Number: 7
Agenda Item Number: 7
City Council Meeting Packet for Meeting of: February 20, 2024

OTY OF SEBASTOPOL
RATES
EFFECTIVE JANUARY L, 2OO9
DESCmmON

CURRENT
MOtITHtY
RATE
NEW
MONT}ILY
RATE

RESIOENNAT
20 GAt CAN 1XWK
32 GAt CAN D(WK
64 CAL CAN I,XWK
96GAtCAN lxl,ttK
232 GATCAN 1,XWK
3 32 GALCAN 1XWK
432 cAt CAN
5 32 GAt CAN 'XWK ln^rK
64GALCAN DM'K
2 64 GALCAN 1XWK
3 64 GAL CAN 1XWK
2 96 GAr CAN 1XWK
COMMEROAI.
$g.es
$ra.oo
530.41
$46.e1
s23.00
$az.m
$se.oo
5zo.oo
$so.ar
$oo.sz
$el.23
$gg.sz
sL47.7S
s288.06
$179.32
s3s0.96
5242.92
s+ts.zt
9t,L7z,za
$306.15
$sgo.ez
$s87.08
$1,177.39
$1,468.08
s485.88
$gcz.s4
$1,409.78
$rs.cz
Sgg.gz
$ag.s4
S35s.64
$+gs.s4
Sgso.s+
$erz.so
$z.oo
SL2.zs
s22.s0
$gz.so
524.s0
Sse.zs
Scg.oo
$er.zs
$zz.so
s4s.00
$67.s0
$zs.oo
$171.19
$298.73
s202.s9
$gsg.ra
s281.07
s491.s4
St,t2t.et
$grs.os
$sos.rr
$aes.*g
$1,12s.82
$1,rse.rg
$39s.07
5734.s4
$Loza.o+
s24.30
$sr.zr
$rs.gg
$40s.18
Ss52.14
se83.08
$oso.oo

1.5 YD 1XWK

1.5 YD 2XWK
2YD 1XWK
2 YD 2XWK
3YD 1XWK
3 YD zXWK
3 YD $(W(
4YD 1XWK
4YD 2XWK
4YD 3XWK
4 YD 4XWK
4YD SXWK
GYD 1XWK
6YD 2XWK
5YD 3XWK
32 GAt CAN 1XWK
64GALCAN 1XW(
96 GALCAN 1XWK
2zYD fnrVf
2 3 YD 1XWK
2 3 YD 2XWK
24YD 1XWK
Agenda Item Number: 7
Agenda Item Number: 7
City Council Meeting Packet for Meeting of: February 20, 2024

cnvoFsEEAsroPoL
RATES
EFFECTIVE JANUARY 1, 2OOg

DESCRIPTION

CURRENT

MONITILY
RATE
NEW

MONTHTY
RATE
2 4YD 2XWK
24YD3XWK
2 1.5 YD 1XWK
3 2 YD 1XWK
3 3 vD 1XWK
3 4YD 2XWK
2 32 GAL XXWK
2 64 GAt 1XWK
2 96 6At 1XWK
3 32 6AL CAN 1XWK
396GAICAN 1XWK
432 GATCAN 1XWK
4 64 GAt CAN 1XWK
4 96 CAL CAN 1XWK
4 96 GAL CAN 2XWK
5 96 GAL CAN 1XWK
7 32 GAt CAN 1XWK
8 32 GAt CAN I,TWK
9 96 GAL CAN 1XWK
3 YD COMPACTOR DNA'K
sl,193.34
51,774.L6
s2es.s0
Ssrz.se
s7?8.76
$1,790.01
$30.s4
s67.84
Se8.68
s45.26
$res.oz
$61.68
$rgs.es
$rgz.ge
S3s*.tz
s246.70
$roz.g4
Srzr.gs
s444.06
5475.27
S1,210.22
s1,730.98
$sar.gs
$6ot.zz
$8Ar.zr
$1,8!n.18
$a9.60
$63.42
$n.e6
s72.eo
Su6.e4
$gz.zo
$rze.a+
$rss.gz
5311.s4
$194.e0
s170.10
$rga.ao
$gso.sz
$grz.sa
OT}IER NATES
Cleanup Bin {3 days)
Extra Yard Waste Cart (per month)
Replacement Cart {after lx peryear}
Return Trip Charge
Cotaminated YVRRY Cart
Contaminated RRY Bin (per yard plus $20.00)
Push Rate (pertrip per 25 feet - bin)
Walk-ln Charge (pertrip per 25 feet - cart)
s175.00
$u.so
Szs.oo
$1s.oo
$zo.oo
$sc.rg
$44.96
Sz.rr
*Commercial Converslon Factor 200.00
Agenda Item Number: 7
Agenda Item Number: 7
City Council Meeting Packet for Meeting of: February 20, 2024

For each item after one, subtract $20 from total cost
Collection
Component

EXHIBIT I

BULICY ITEM RATE SCHEDULE
Disposal
ITEM Element
Fumitu!e
Twin
Double/ Full
Queen
King
Bed Frame
Couch (under 6 ft.)
Upholstered Chairs
Wooden Chairs
Dinette Tables
Houeehold ltems
Rug (9x12)
Vacuum
Arpliances
Water Heater 35 Gal
Water Heater 40-50 Gal
Water Heater 100 Gal
Oven
Oven (Stove top)
Oven-Stove Unit
Microwave
Garbage Compactor
Dishwasher
Fridge
Freezer
Air Conditioner
Washing Machine
Dryer
Buildinq Materials
Household Doors
Sink
Toilets
Windows (less than 3' by 4' only)
Yard & Gerden
Gas Mower (must be drained of gas & oil)
BBQ
Ping Pong Table
Exercise Bike
Swing Sets
Bike
$40
$40
w
$40
$40
$40
$40
$40
$40
$40
$+o
$40
$40
$40
$40
$40
$40
$40
$40
$40
$40
$40
$40
$40
$40
$40
$40
$40
$40
$40
$40
$40
$40
$40
$+0
$25
$25
$25
$25
$10
$10
$10
$10
$10
$10
$10
$10
$10
$10
$15
$15
S15
$10
$to
$10
$25
$zs
$25
$15
$15
per set
per set
per set
per sel
TOTAL
FEE
$65
$65
$65
s65
S5o
$so
$so
$50
$50
$50
$50
$50
$50
950
955
$55
$55
$50
$so
$50
$es
$65
$65
955
$55
$50
$50
$50
$50
9so
$50
$so
$50
$50
$so
set
set
set
set
per
per
per
per
$10
$10
$10
$10
$10
$10
$10
$10
$10
$10
Electronics
Computer Monilor $40
Television $40
Large screen Television $50
City of Sebastopol Collection Services Agreement
2 $so
$so
$60
December 5, 2008
$10
$10
$10
Agenda Item Number: 7
Agenda Item Number: 7
City Council Meeting Packet for Meeting of: February 20, 2024

ConsoleTelevision
Stereo Equipment
VCR/Home Entertainment
Printer/Fax
Copier (table top)
Copier (stand alone)
Ovesize offce equipment
Car Parts
Engine Block (completely drained of fluids)
Car Seat
Bumper/Gdlletc
Passenger vehicle tire
Truck or tracdor tire
Additionalltems
Items under 60#
Items over60f
Items requiring special handling or disposal
City of Sebastopol Collection Sewices Agreement
3 $50
$40
$40
$40
$40
$40
$50
$40
$40
$40
$40
$+o
$50
$50
0 0
o
0 0
$t
$1
$1
$1
$1
$60
$50
$50
$50
$50
$100
min
price
varier
$75
price
varies
$10
$10
$10
$10
$10
price
varies
price
varies
$s0
$50
$50
$50 apecial pricing
applies
$50
price
varies
prics
varies
December 5,2008
Agenda Item Number: 7
Agenda Item Number: 7
City Council Meeting Packet for Meeting of: February 20, 2024

EXHIBIT J
EQUIPMENT II\MENTORY (as of January 1,2009)
VEH # YEAR tt'AKE TYPE vrN Ltc #
906R 1998 VOLVO AUTOMATED 4VMDCMHEOWN747517 7J89320
g00R 1999 VOLVO AUTOMATED 4VMDCMHEOXN765369
5W1703
4 205R 1999 VOLVO FRONTLOADER 4VMDCMHEOXN768188 7P68315 104R 1988 FORD SWEEPER 1FDWR72P6JVA566O8 zNQJ178
702R 1999 VOLVO ROLL.OFF 4VHJCMGF3XN867678 7P68060
9001 2006 STERLING SPLITBODY 49HHBVCYO6RW114O4 8D20761
9002 2006 STERLING SPLITBODY 49HHBVCY66RW114O7 8E51428
Agenda Item Number: 7
Agenda Item Number: 7
City Council Meeting Packet for Meeting of: February 20, 2024

ATTACHMENT 2
l(lr
RecologySonoma Marin

WASTE ZERO
October 18,2023
City of Sebastopol
7120 Bodega Ave.

Sebastopol, CA9il72
Re: Sebastopol Solid Waste Franchise Agreement One Year Extenslon Dear Sebastopol City Staff and Council Members:

This letter serves to document the City and RSM's mutualunderstanding that the Sebastopol solid waste franchise agreement ha5 been extended up to one year past the original expiration date. The new franchise agreement expiration date is December 31, 2024.

This was confirmed at the April 18, 2023 Sebastopol Council meeting, where Council approved an extension of up to one year, in order to utilize that time to negotiate directly with RSM on a new franchise agreement. As well, on June 7, 2023, Sebastopol City Councilauthorized an Adhoc Committee comprised of Council Members Jill Mclewis and Sandra Maurer to negotiate a new franchise agreement with RSM.

The employee owners of Recology Sonoma Marin (RSM) are gratefulto have served the Gity of Sebastopol (City) since 2017, and appreciate the long-term partnership we have established.

We look forward to continuing to provide high quality collection and landfill diversion services to residents and businesses.

Sincerely,
ffi"n*t/
Ed Farewell
Vice President & Regional Manager
Recology Sonoma Marin
34C0 Slarrdisli Aveirire i Sairla Rosa, CA 954A7 I T: 800.243.0291 I tecology.corlr Agenda Item Number: 7
Agenda Item Number: 7
City Council Meeting Packet for Meeting of: February 20, 2024

Sunmary
Recology Sebastopol Detailed Rate Review
New Contract - BeginningTlll24
January 2024 Proposal
The following pages present the financials for Recology operations in Sebastopol and the required rate inctease. Financials include:
- All operating costs
- All required franchise fees and taxes
- Current level of included City services ($330,000 annually) ATTACHMENT 3
lncludes the following Service and Rate Change
- Bulky ltem Collection - 1 per Residential account per year - Curbside Christmas Tree Collection
Stepped Rate lncrease over 4 Yeals with 1 S'year Contract - Curbside Battery Collection
- Option to phase in the rate increase over 4 years with a 15 year contract
Rate Years
Average Rate Increase Applied
Estimated RR/ Increase
Total Rate lncrease
Projected Period Revenue
Clty Fees
Revenue lncrease
71112024
6t3012025

14.0"/"
included

14.0"/"
3,264,578

14.0%
(436,637)
(3,s33,ss8)
7t1t2025
613012026

10.0"/"

4.0%

14.0"/"
3,721,618

14.0o/o
(497 ,7 66\
7t1t2026
613012027

10.07"

3.0%

13.0"/"
4,205,429

13.0o/o
(562,476)
71112027
6t30t2028

4.0"/"

3.0%

7.O"/o
4,500,666
7 .0"/"
(601 ,964)
3,898,702\
$ $ $ $
Additional 70 17 $ 451 (142,194\
RSM Ex (excludi
RSM Net Margin
Residential Rates
Commercial
includi P 7B 147

6.5o/o

19.19 61 .32
102.30
-5.6%

21.87 38.2s

69.91 '1 16.63
20G $
32G
64G
96G

24.72 43.22

78.99 131.79

26.45 46.25

84.54 141 .04
$ $ $

1.5 Yard $
2Yard
4 Yard
401.87
47 6.59
7 49.25
458.'1 3
543.31
854.1 5
517.69
613.94
965.19
554.04
657.04

1.032.95
$ $ $
Page I of2 1130/20249:21 AM
Agenda Item Number: 7
Agenda Item Number: 7
City Council Meeting Packet for Meeting of: February 20, 2024

Rate Compilison
Date Rates Effective,
Fnnchise Fee /":

Msw Disposal Ratenon:

ResidentialCommercial
32 gallon64 gallon
96 gallon

1.5 yard
2 yard3 yard4 yard
7/1/2024 9/1/2023

13.4% 12.0"/"
So. Co. LF So. Co. LF
$155.47 $155.47
Recology Sebastopol Detailed Rate Review
New Contract - Beginning 7 11 124
Se Rates Rate
20 gallon32 gallon
64 gallon96 gallon

19.19 $

33.5s

61.32 102.30

29.63 40.75

64.13 82.86
$ $ s4.5% $

21.50/"

4.60/o
-19.0%

76.8"/o $

13.7%
-9.1%

16.6%

0.7"/o $
-19.O"/"

16.2"/"
7 .3"/"

26.3"/" $
-4.4"/"
-25.O"/"-39.2"/o

13.5%

0.3"/"

15.8"/"
1 .3"/"7 .1o/o5.5"/"

16.6"/"

10.6%

2.8"/"

27.0935.56

54.7582.95

6.0"/"
-10.7%-18.9"/"
411.4%
302.1"/"
212.9"/"
105.10/o101.2"/"

95.5"/"
109.1%
109.5"/"

4.4o/o
180.9"/"
1/1/2024

14.0"/"
So. Co. LF
$1s5.47

33.9338.15

55.71 85.33

53.09 106.21
159.46
437.83
534.28
653.12
817.44
108.51
1/1/2024

23.0%
So. Co. LF
$15s.47

19.33 27.18

71.24 109.79
1/1/2024

10.0"/o
So. Co. LF
$155.47

24.23 32.08

45.96 62.2146.16
71 .52

87.66 407.03
510.28
700.50
873.53
1 ,114.90
4/1/2023

10.0%
So. Co. LF
$155.47
Current
5ebastopol
7 /1 /2023

13.4o/o
So. Co. LF
$155.47

16.83 29.43

53.7989.74

46.82 62.53

91.37 352.52
4't8.06
582.21
657.24
806.42 6 yard
E? ?7

71.28 104.16
401.87
476.59
663.72
7 49.25919.32

59.15 115.07
171 .19
336.53
420.21
520.08612.52886.1 6

10.8"/"
61 .4o/o64.3"/"
-16.3%-11.8%-21 .6"/"
-18.2"/"
-3.60/"
-O.5"/"

49.0"/"

53.1"/o

8.9"/"
-1 .60/o

9.1"/"

20.6"/"

39.3778.71
118.07
31 1 .90412.57
51 6.1 3
614.69
975.73
-26.2"/"
1 0.4"/"

13.4"/o
-22.4%
-13.4"/"-22,2"/"
-18.0o/"

6.1"/"
272.98
286.60
325.95
824.42958.74
1,297.88
'1,566.83
925.73
Residential Average 96 of Primary:

Commercial Average o/o of Primaty:

15.4"/"

8.1"/"

16.2"/"18.8"/"
13%
-9.0"/"
lncr
Windsor
(Comm.

MSW, RCY
Healdsburg "Jlfl#*1 &FW) Incr Cloverdale Santa Rosa "'Jl#:f'l Cotati Primary
Sebastopol
Proposed
Rates
/" of 10.5% 78.Oo/" -5.5o/" -1.6% 122.Oy"
Page2 of2 l/30120249:21 AM
Agenda Item Number:
7 Agenda Item Number: 7
City Council Meeting Packet for Meeting of: February 20, 2024

B c D E F G ) K L M N o P R
Sonoma County Monthly Solid Waste Rates - All include Recycling and Organics Except Windsor Commercial and Sonoma 2 3
Agency Oate
Residential CARES Commercial CARES
4 20aal 32aal 64-0al g6-oal otscouNT 20eal 32-sal 64-qal 96-0al 1.5 cY 2CY 3CY 4CY 6CY DISCOUNT 6 Cotati 11112024 s 19.33 $ 27.18 s 71.24 s 109 79 200h $ 39.37 $ 78.71 s 1 18.07 $ 31 L90 s 412.57 $ 516.'13 $ 614.69 $ 975.73 20% 7 Petaluma 71112023 $ 16.18 $ 28.64 $ 54.32 $ 8960 25o/o $ 50.25 $ 87.36 $ 124.56 $ 425.43 g 49977 $ 668.70 $ 734 69 $ 1.005.49 25o/o I Rohnert Park 71112023 $ 15.84 $ 29.05 $ 45.38 $ 70.83 15% $ 15.84 $ 29.05 $ 45.38 $ 70.83 $ 227.08 $ 302.90 $ 454.23 $ 605.68 $ 908.58 1SYo SebastoDol fCurrent) 71112023 $ 16.83 $ 29.43 $ 53.79 $ 89.74 15o/o $ 29.26 $ 46.82 $ 62.53 $ 91.37 $ 352.52 $ 418.06 $ 582.21 $ 657.24 $ 806.42 15% 10 Healdsburq 'il112024 s 2423 $ 3208 $ 4596 s 6221 200/" $ 3644 $ 4616 s 71.52 s 87.66 $ 407.03 $ 510.28 $ 700.50 $ 873.53 $ 1.1 14.90 20% 11 Windsor (See .Note below) 4l'U2023 $ 27.09 $ 35.56 $ 54.75 $ 82.95 10% $ 95.48 $ 109.10 $ 148.45 $ 403.27 $ 467.42 $ 666 17 s 76476 s 981 48 100h 12 Santa Rosa 11112024 $ 33.93 $ 38.15 $ 55.71 $ 8s.33 15% $ 53.09 $ 106.21 $ 159.46 $ 437.83 $ 534.28 $ 653.12 $ 817 .44 $ 1,108.51 15V. 13 Cloverdale st'12023 $ 29.63 $ 40.75 $ 64.13 $ 82.86 200k $ 59.15 $ 115.07 $ 1 71.19 $ 336.53 s 420.21 $ 520.08 $ 612.52 $ 886.16 20v. 14 Sebastoool (Recoloqv Prooosed) 7t1t2024 $ 23.99 $ 41 94 $ 76.66 s 127 90 150 s 6673 $ 89.12 $ 't30.22 $ 502.41 $ 595.82 $ 829.76 $ 936.70 $ 1.149.31 15V. 22 23 Citv Averaoe {Withoul SebastoDoll $ 23.75 s 33-06 s s5.93 $ 83.37 $ 26.14 $ s3.22 s 87.62 $ 125-75 s 364.15 s 449.63 $ 596.99 $ 717.62 $ 997.26 24 29 Sebastoool (Currentl Over (under) Citv Averaoe s (6.92) $ (3.63) s (2.14) $ 6.37 $ 3.12 $ (6.40) $ (25.09) $ (34.38) $ (1r.63) $ t31.57) $ (14.78) $ (60.381 s (190.64) 30 -'l1o/o 4o/o -120/o -30/o -70k -20/o -\oh -tffIe''
31 I
72 33
34 Sebastoool (Recoloov Prooosed) Over (Under) Citv Averaqe $ 0.24 s 888 $ 20.73 s 4453 N/A s l35l s 1.50 $ L.L7 s 138.26 s 1d6.19 s 232.77 s 2t9.08 s 1s2_05 35 270/o 37ui N/A 25o/o 3&%, 399s 310 l:50/i;
36 'Note - Windsor CARES discount is a senior discount and Commercial rates do nol inchrde recvclino and oroanics seruice.

ATTACHMENT 4
Agenda Item Number: 7
Agenda Item Number: 7
City Council Meeting Packet for Meeting of: February 20, 2024

Comparison of Monthty ResidentiaI Rates - Ranked by Common 32-gatService Rate $140.00$12o.oo
$10o.oo
$80.00
$60.00$4o.oo
$20.00
$-
Cotati Petaluma Rohnert Park Heatdsburg Windsor(See
"Note betow)
Sebastopot Santa Rosa Cloverdale
(Current)
Sebastopot
(Recotogy
Proposed)
r Residentiat 20-gat r Residentiat 32-gat r Residentiat 64-gat r Residentiat 96-gat Agenda Item Number:
7 Agenda Item Number: 7
City Council Meeting Packet for Meeting of: February 20, 2024

Comparison of Monthty CommerciatRates - Same Ordering as ResidentiatChart $1,200.00$1,ooo.oo
$800.00
$600.00$400.00
$200.00
$
cotati Petatuma 5.53516,poI Heatdsburg Windsor (Currelt) (See *Note betow)
Santa Rosa Cloverdate SebastopoI
(Recotogy
Proposed )
Rohnert -Park
r Commerciat20-gat r Commerciat 32-gal I Commerciat 64-gaL I Commercial96-gat r Commercia[ 1".5 CY I Commercial 2 CY I Commerciat 3 CY I Commercial 4CY ,;: Commercial 6 CY Agenda Item Number:
7 Agenda Item Number: 7
City Council Meeting Packet for Meeting of: February 20, 2024

ATTACHMENT 5
CONSULTING GROUP, INC.

RESOU RCES . RESPECT. RESPONSIBILITY
January 3,2024
Ms. Mary Gourley, Assistant City Manager/City Clerk
City of Sebastopol
7 1 2Q Bodega Avenue, Sebastopol, CA, 95472
sub m itted vi a e m ai I : mgo urley@c ityof se ba stopol.gov SUBJECT: Solid Waste Consulting Services - R3 Statement of Qualifications (SOQ) Dear Ms. Gourley,
R3 Consulting Group, lnc. (R3) is pleased to submit the attached SOQ to the City of Sebastopol (City) regarding Solid Waste Consulting Services. R3 understands the City is seeking consulting support regarding its agreement and customer rates with Recology Sonoma Marin (Recology)and we are excellently-positioned to be of service.

R3 specializes in providing solid waste management consulting services to local governments throughout Cal ifornia, i nc I udi ng :
) Planning, implementation, and monitoring in support of legislative compliance with Senate Bills 1383 and 1016 and Assembly Bills 939, 341 ,1826,1594, '1669, 901, and 876. )) puOtic education and outreach support, including conducting staff trainings and in-person workshops, creating resource guides, and developing print and online material to specifically address new/ongoing solid waste legislation and best practices for solid waste management. ) Rate and financial reviews and analyses of fees, rates, and rate structure options. )) Competitive procurements and negotiations of collection, processing, and disposal services, including transition assistance to new hauler(s).
) Reviewing municipal operations and performance and providing findings and recommendations.

R3 is intimately and uniquely familiar with the solid waste agreements, rates and services provided by Recology and other solid waste service providers in Sonoma County. R3 provides, or has recently provided, solid waste consulting services to all other Sonoma County agencies (excepting the City) - as a result, we have an unparalleled understanding of the Sonoma County waste management marketplace.

R3's mission is to serve communities by providing unbiased, expert analysis that sustainably advances environmental policies, finances, and operations. We look forward to interviewing on January 8th and we hope to be the City's consulting partner as you navigate these important solid waste concerns.

Sincerely,
&*;uq
Garth Schultz I Principal
R3 Consulting Group, lnc.
51 0.292.0853 | [email protected]
1512 Eureka Road, Suite 220, Roseville, CA 95661 | p 916.782.7821 | t 916.782.7824 | www.r3cgi.com Agenda Item Number: 7
Agenda Item Number: 7
City Council Meeting Packet for Meeting of: February 20, 2024

1. ABOUT R3
Solid Waste Planning and Program Development
R3 has designed and implemented numerous solid waste implementation plans and programs for jurisdictions throughout California and the United States. Our extensive experience gives us the ability to address a variety of issues that typically confront our municipal clients during the implementation of programs and facilities, including inter-jurisdictional coordination, planning requirements and diversion mandates, regulatory compliance, and community outreach and public education.

Our solid waste management planning and program development seruices include the following:
)) Developing strategic and long-range plans for high diversion, and sustainability. ) Evaluating existing programs and selecting and investigating options for program improvement. ) Facilitating inter-jurisdictional coordination with respect to planning requirements, diversion mandates, and regulatory compliance.
)) Developing measurement and monitoring of progress indicators. ) Modeling planning costs for solid waste and recycling systems. ) Actively providing opportunities for and facilitating community engagement with the high diversion waste development process, including public education and outreach programs, community workshops, public opinion surveys, focus groups and broad community print and digital outreach. ) Performing on-site waste audits at facilities and major commercial generators to identify materials and provide source-reduction strategies to increase diversion. )) Developing public policies and local ordinances to support contract requirements and new programs, including construction and demolition (C&D) ordinances. )) Assisting with grant applications, program development and administration.

Financial and Rate Services
R3 staff members have broad experience conducting solid waste rate reviews and performing financial and rate structure analyses for municipalities, public utilities, and regional authorities. R3's understanding of the perennial challenge of local governments to balance complex services and programs with the realities of budget constraints allows us to provide effective and meaningful financial consulting services to our clients. Our rate review projects provide comprehensive review and analysis of contractor rate applications, resulting in documented adjustments to projected revenues and expenses plus specific recommended rate adjustments. The results from our financial and rate analysis pro.lects furnish the financial information and comparative analysis our clients require to make sound, informed decisions.

Our solid waste financial and rate analysis seryices include the following:
)) Financial and operational strategic planning.
) Conducting detailed rate reviews and indexed rate adjustments. ) Conducting cost of service and revenue requirement studies. )) Assisting municipal agencies with budgeting and long-term financial planning, and developing rate models and multi-year rate financial projections.
) Evaluating alternative funding mechanisms and conducting Nexus Studies to support those mechanisms )) Analyzing and revising rate structures to support objectives to comply with Proposition 218, as well as designing Public Notices and supporting Proposition 218 public hearings. ) Performing rate and service surveys.
)) Customer rate setting and adjusting.
)) Audits of solid waste billing systems and franchise fee payments. ) Development of refuse vehicle impact fees and solid waste development fees.

City of Sebastopol I SW Consulting Services ?e
Agenda Item Number: 7
Agenda Item Number: 7
City Council Meeting Packet for Meeting of: February 20, 2024

Proposition 218 Public Noticing
Proposition 218 is an amendment to California's Constitution that requires government agencies and utilities to notify property owners of proposed changes to rates for services. A written notice must be sent to property owners 45 days prior to a scheduled public hearing regarding proposed changes. R3 is well practiced in supporting our clients in a simple, straightforward noticing process and is well prepared to provide guidance, support, and recommendations for best practices to the City as it proceeds with Proposition 218 noticing process for its solid waste rates.

Specifically, the customized notice will include:
)) A clear statement about the solid waste rates and reasoning for adjustments. )) A Orief description of the rate adjustment process.
)) A taOte illustrating the proposed rates - either for most common service or a fully detailed rates table(s), as directed by the City.

Printing and mailing of Proposition 218 notices is not included in our services. R3 provides draft and final Proposition 218 notices, in PDF format, with one round of revisions in response to comments and attendance at one Proposition 218 public hearing.

Negotiation & Procurement Services
R3 has successfully provided technical support on the design, development, procurement, evaluation, and negotiation of franchised collection services for over 100 municipal clients throughout California.

These range from assisting jurisdictions with sole-source negotiations with an existing service provider to managing all aspects of a competitive procurement process for refuse collection, transfer, recycling, processing, and disposal services.

Our procurement and negotiation services include the following:
)) Negotiation, development, and monitoring of contracts and agreements. ) Assistance with the technical and finanoial evaluation of proposals. ) Evaluation of commercial collection system service options and structures. ) Development and evaluation of policy and programmatic alternatives that meet the specific needs. ) Compliance monitoring and review.
) Design of performance standards, incentives, and penalties related to contractor performance. )) Development of an annual adjustment mechanism to the contractor compensation and user rates and fees )) Leadership in community and stakeholder engagement processes, including workshops, focus groups, surveys, interviews, and presentations.
) Preparation and distribution of RFP packages, including the Agreement and operating contracts.

Zero Waste Planning
R3 has designed, evaluated, implemented, and updatedZero Waste strategic plans for multiple jurisdictions throughout California. Our extensive experience has allowed R3 to address a variety of issues that typically confront our municipal clients during the implementation of programs and facilities, including inter-jurisdictional coordination, planning requirements and diversion mandates, regulatory compliance and community outreach and public education.

Our Zero Waste planning and implementation serutces include:
)) Evaluating existing programs.
) Selecting and investigating options for program improvement and potential new programs to implement.

City of Sebastopol I SW Consulting Services 2 ?_g
Agenda Item Number: 7
Agenda Item Number: 7
City Council Meeting Packet for Meeting of: February 20, 2024

)) PreparingZero Waste strategic plans.
) Holding stakeholder meetings.
) Holding project management and project progress meetings. )) Establishing Zero Waste implementation strategies and creating implementation plans, including the development of waste reduction policies and programs.
)) Actively providing opportunities for public engagement and facilitate of stakeholder engagement of the Zero Waste implementation development process.
) Modeling system planning costs.
)) Developing public policies and local Ordinances to support contract requirements and new programs. )) Creating sustainability plans, including development and monitoring of progress indicators. ) Performing on-site waste audits at facilities and all major commercial generators to identify materials specific to the jurisdiction's waste stream and source-reduction strategies to increase diversion.

Legislative Compliance Planning
R3 provides a full range of planning, design, implementation, monitoring, and administrative services in support of regulatory compliance with state legislation. As a member of regional planning groups in California, R3 facilitates discussions with municipalities about the potential implications of AB 1826 and SB 1383 on programs and helps develop plans to prepare for the policies and statewide mandates. Our clients frequently recommend us for legislative compliance support services because of our ability to righl size implementation strategies, our timeliness, and our ability to distill what might otheruvise be an intimidatingly complex set of legislative requirements into clear steps. We have developed an extensive toolbox of resources that we provide to our clients and customize according to their needs - everything from website language to complaint forms, to setting up meetings with potential product procurement partners. We pride ourselves in practical application of programs, and our many clients can attest to the usefulness of our hands-on approach - there is nothing worse than a long-range plan used as a paperweight!
Our specific legislative and regulatory compliance services include the following:
) Developing and evaluating commercial recycling and organics recycling programs. ) Analyzing options for program improvement and potential new programs. ) ldentifying businesses subject to compliance with AB 34'l and AB 1826. )) Monitoring and tracking covered generator compliance. ) Designing and assessing public education and outreach materials and methods for notifying businesses of their requirements and compliance options.
) Developing franchised waste hauler tracking methods for necessary reporting, public education and outreach, and compliance monitoring requirements.
) Providing on-site waste assessments, material characterizations, and hands-on technical assistance to regulated businesses to support their compliance.
) Facilitating private sector diversion opportunities, including food donations and recycle/reuse vendors.

City of Sebastopol I SW Consulting Services 3 ?e
Agenda Item Number: 7
Agenda Item Number: 7
City Council Meeting Packet for Meeting of: February 20, 2024

2. PROJEGT EXPERIENGE
We understand that the City is facing a decision about whether to extend its current agreement with Recology - and at what customer rates - or seek proposals from qualified solid waste service providers in a competitive Request for Proposals (RFP) process. R3 has a well of experience in all the consulting aspects necessary to assist the City in navigating and ultimately making its decision about its future contracts and rates, including but not limited to detailed knowledge of the finances for Recology and other solid waste companies in Sonoma County and the greater Bay Area.

R3 recently completed detailed reviews of Recology's cost-based rate proposals to the Cities of Cloverdale and Santa Rosa, and formerly did the same for Cotati, Healdsburg, Petaluma, Rohnert Park, Sonoma County and Marin County. From those experiences we have established a robust understanding of Recology's operating costs, allocation methodologies, and forecasting approaches, which will be brought to bear for the City of Sebastopol. R3 also conducted the two most recent competitive RFP procurements in Sonoma County (for Santa Rosa and Windsor) and thus we are very familiar with the potential results that could be anticipated via such a process in Sebastopol. Finally, we have assisted (and are assisting) Sonoma County agencies in negotiating extensions to existing solid waste agreements with their providers, as an alternative to RFPs, and are keenly aware of the political considerations associated with extending such agreements while also facing potential increases in rates.

Project Experience
Since 2002, R3's project team has developed a unique level of relevant experience and knowledge of solid waste solutions that can help you deliver the programs and policies that your community needs. R3 has served '120+ clients in CA with various solid waste consulting projects in the past 5 ybars. Our work, with a Sonoma County sampling shown below, covers agreement negotiations, competitive procurements, detailed rate reviews, and on-call services.

Contract
Management /
On-Call Services
/Oher
Contract
Negotiations
Competitive
Procurement
Detailed Rate
Review
City of Cloverdale X x X
City of Cotati x X
City of Healdsburg X x x
Gity of Petaluma x x
Gity of Rohnert Park x x x
City of Santa Rosa X X X
City of Sonoma X x
County of Sonoma x x
Town of Windsor x x x x
Zero Waste Sonoma x

SERVICES PROVIDED
CLIENT
Gity of Sebastopol I SW Consulting Services 4 z3
Agenda Item Number: 7
Agenda Item Number: 7
City Council Meeting Packet for Meeting of: February 20, 2024

Name Title Phone Email
Gity of Gloverdale Mr. David Kelley City Manager 707 .894.1710 d [email protected]. us City of Cotati Mr- Damien O-Bid City Manager 707.665.3622 [email protected] City of Healdsburg Mr. Larry Zimmer Public Works Dlrector 707.431 .3333 lzimmer@healdsburg. gov Gity of Petaluma Mr. Patrick Carter Assistant to the City Manager 707.778.4560 pca rter@cityofpeta lu ma. o rg City of Rohnert Park Ms. Vanessa Garrett Public Works Director 707.588.2251 vga nett@rpcity. org City of Santa Rosa Mr. Jason Nutt Assistant City Manager 707.543.3810 jn [email protected] City of Sonoma Mr. David Guhin City Manager 707.533.2213 d g [email protected] Gounty of Sonoma Ms. Kristina Owens Govern ment Operations Manager 707.838.'l 100 kmowens@townofwind so r. co m Deputy Director Transportation & Operations 707.565.7958 trish. p Town of Wndsor Ms. Trish Pisenti ise nti@sono ma-co u nty. o rg Zero Waste Sonoma Ms. Leslie Lukacs Executive Director 707.565.3687 leslie.lu kacs@son o ma-cou nty. o rg CLIENT

CONTACT

CONTACT INFORMATION
Project References
City of Sebastopol I SW Consulting Services A ze
Agenda Item Number: 7
Agenda Item Number: 7
City Council Meeting Packet for Meeting of: February 20, 2024

3. PROJECT TEAM
The City's core prolect team will be the primary, day-to-day staff responsible for this engagement. Our team also has the ability to draw upon additional, on-call staff members on an as-needed basis. Resumes of each listed team member can be found in the following pages.

Core Project Team Biographies
Garth Schultz, Principal, is the President of R3 and has 20 years of solid waste management experience in both the public and private sectors. He is an expert in solid waste and recycling public administration including operations, finances, policy, community outreach, sustainable materials management programs, achievement of local, regional and statewide objectives, and engagement with elected officials.

Carrie Baxter, Sr. Managing Consultant, has over a decade of experience in solid waste consulting, in a broad range of operational, planning, and financial projects. She specializes in providing legislative compliance assistance and assisting localjurisdictions in negotiating improvements and incorporating best practices and new state legislation in their municipal codes and collection agreements.

Jim Howison, Sr. Managing Consultant, brings comprehensive experience in planning and managing all financial aspects and services, complex projects, and operations for solid waste companies. He is wellversed in devising and executing strategies, overseeing accounting operations, producing reports, increasing efficiency, assessing financial performance and risk, managing audits and internal control processes.

Peggy Paulsen, Managing Consultant, regularly collaborates to develop visually appealing, easytounderstand graphics and outreach materials to help engage and educate communities about new legislation such as AB 1826 and SB 1383. She is R3's lead designer on all Proposition 218 Public Notices engagements. She designs custom notices, ranging from postcards to multilingual, multi-page booklets.

Peggy also designs customizable forms, brochures, newsletters, and presentations, as well as personalized maps, infographics and logos, and event posters and flyers.

The team will be rounded out by Alex Soulard, Sr. Consultant, Maryann Hulsman, Consultant, and Angela Micheletti, Associate Consultant, bringing their backgrounds in a variety of solid waste management, including policy development, planning, and implementation, negotiation and procurement support, zero waste planning, education and outreach, and financial and rate reviews.

City b of Sebastopol I SW Consulting Services 2e
Agenda Item Number: 7
Agenda Item Number: 7
City Council Meeting Packet for Meeting of: February 20, 2024

Garth Schultz
Principal, Project Lead
About
Garth Schultz is the President of R3 and has 20 years of solid waste management experience in both the public and private sectors. He is an expert in solid waste and recycling public administration including operations, finances, policy, community outreach, sustainable materials management programs, achievement of local, regional and statewide objectives, and engagement with elected officials. His values are strongly rooted in the ethics of public service, and he is deeply committed to advancing community, environment, and climate change mitigation and adaptation interests.

Garth is skilled in identifying and communicating simple solutions to complex problems and shepherding adoption of public policy outcomes that benefit the community and the environment. As managing partner of R3, he oversees R3'engagement with '100+ active clients. This provides a clear view of the wide range of approaches that government agenctes employ to further their solid waste and recycling goals and objectives. All of this experience and commitment will be leveraged in this engagement with the City.

Education & Certifications
) Master of Public Administration and Public Policy Development, Cal State East Bay > Bachelor of Science in Environmental Science, Minor in Public Policy, University of California, Berkeley Relevant Experience
> Solid Waste Agreement Procurements and Negotiations Overall I Cities of Concord, Farifax, Half Moon Bay, Hermosa Beach, Marin County, Pleasant Hill, San Anselmo, San Rafael, Santa Clarita, and Santa Rosa Led sole-source negotiations and/or competitive procurements resulting in contract negotiations for many clients throughout Catifornia. With over 20 contract negotiations completed in recent years, Garth has a track record of successfully negotiating new or extended solid waste serylces agreements that provide benefits to solid waste customers and their communities via new services, sustainabitity programs, and fair and reasonable rates. Garth's obiectives during negotiations are to: state clear needs and positions up front; focus on the outcomes that need to be met for client's elected leaders to approve the agreement find creative yet simpte solutions fo lssues requiring resolution; and, bring our clients and their solid waste services provider counterparts to a centrat place of agreement and understanding. ln practice, Gafth exemplifles R3's approach to negotiations, which is grounded in our mission of public service for our clients and their communities while also being rooted in respect for the important service provided by so/ld wasfe contractors. ) s-Year Rate Study I City of Santa Monica
Seryed as project manager and primary anatysis for R3 s engagement with the City completing a 1)-year financial forecast and 5-year rate study for the City's Resource Recovery and Recycling Division. The original engagement started in 2019 and was nearly completed in March of 2020 just prior to the onset of the COVID-I9 pandemic. Considering the economic uncerlainty assocrafed with the pandemic the City opted to hold off on completing the rate study, which also meant no adiustments to customer rates for three years, from 2A20 through 2022. Consequently, the City's Resource Recovery and Recycling (RRR) Fund incurred a structural budget deficit of over $10 million per year, which was offset using emergency reserves ln the Fund.

Additionatly, the City's rate structure included charges that were out of the norm for industry standards, the resolution of which required substantial reyrslons to the City's rate structure for commercial and multi-family solid waste customers. Through comptetion of the 1}-year financial forecast and S-year rate study - which included detailed modeling of the RRR Funds projected revenues, expenses, and rebuilding of emergency reserves - R3 found that rates needed to be immediately increased to keep fhe RRR Fund from becoming insolvent. R3's work also identified the key benefits to the City and its ratepayers in the form of new and enhanced programs and services that were desired by the community. After many years of work and positive collaboration with City staff, the 5-year rates were unanimously approved the City Council in June of 2023, ensuring the ongoing viabitity of the City's municipally operated and much-valued resource recovery and recycling operations. ) Rate Study & Structure and Franchise Agreement Negotiations I City of Santa Clara R3 has worked with the City of Santa Ctara, providing many solid waste consulting services since 2019. R3 negotiations for the City's new exclusive agreements with Recology South Bay and Mission Trail Waste Systems. The new agreements were designed to achieve the City's objectives, including compliance wilh SB 1383, and the City's long-term financial and diversion goals. R3 also completes annual cost-of-service rate study calculations for the City, which includes reviewing and prgecting expenses for refuse coltection, tipping fees, and other refuse expenses, projecting the cost of operations for the coming five years, inctuding consideration of future changes in tonnages, agreements, operational and regulatory requirements, inflationary factors, community growth, and the City's refuse related expenses. The result has been several years of rate adiustments to meet fhe cosf of providing service. R3 has also provided the City with annual franchise fee auditing services, SB 7383 contamination lid flip auditing, bi-annual waste characterization oversight, and periodic review of special programs. 7 CONSULIING
CROUP wINC
City of Sebastopol I SW Consulting Services 2e
Agenda Item Number: 7
Agenda Item Number: 7
City Council Meeting Packet for Meeting of: February 20, 2024

Garrie Baxter
Sr. Managing Consultant, Procurement Specialist
About
Carrie Baxter has overa decade of experience in solid waste consulting, in a broad range of operational, planning, and financial projects. She specializes in providing legislative compliance assistance to local jurisdictions for implementing or expanding programs to maximize recovery efforts, tracking, and infrastructure development, as well as assisting in negotiating improvements and best practices into municipal codes and collection agreements.

She also has significant experience with competitive procurement projects for solid waste management services, including providing financial analysis services, such as studying rates and how to incentivize diversion, and engaging the community and stakeholders. ln addition, Carrie routinely supports operations and performance reviews, evaluating billing and reporting systems and conducting on-site route audits, and conducting comprehensive rate surveys.

Education & Gertifieations
) Bachelor of Science in Organization, Leadership & Management, University of San Francisco > Authored an article in the Biocycle Magazine; Presented at the Biocycle West Coast Conference and at the CRRA Conference on Rate Setting for Organics Diversion.

Relevant Experience
)) Procurement and Negotiation Assistance I City of Rohnert Park Drafted the RFP documents and non-exclusive agreement for the City to procure multiple haulers for temporary debris box cotlection and processing servlces. Drafted revisions and assisfed in negotiations for the City's exclusive collection service agreement. Presented the agreement revisions and recommendation of Recology Sonoma Marin Assignment to City Council.

She provided training for City staff on contract oversight and management and asstsfed with review of quafterly reports and annua! rate adjustments. She drafted revisions to the City's solid waste management ordinance to comply with SB 1383. ) Assignment Review I Recology Sonoma Marin
Reviewed the proposed assignment of solid waste franchise and other Agreements held by The Ratto Group (TRG) to Recotogy Sonoma Marin (Recology) for the cities of Cloverdale, Cotati, Healdsburg, Petaluma, Rohneft Park, Santa Rosa, Sebasfopol Sonoma County, Marin County, Novato Sanitary District, and Zero Waste Sonoma (Agencies). Specifically, she led the review of serylces and other requirements in the Agreements to assisf fhe agencies in determining Recology's operational and financial ability to perform the activities covered under the Agreements. She presenfed the findings in a final report to the affected Agencies and at several City Council meetings. )) Various Solid Waste Services I Town of Windsor
Currently providing ongoing on-callasslsfance for solid waste related matters in the Town. Over the past five years, Carrie has asslsfed the Town with various so/ld wasfe mafters. She drafted the RFP documents and non-exclusive agreement for the Town to procuring multipte haulers for temporary debris box collection and processing services. Carrie developed a Refuse Rate lndex (RRt) Adjustment Workbook to streamline the annual rate adiustmenf process for the exclusive Collection Service Agreement (Agreement). She drafted language for amendments to the Agreement wfh SCRR in coniunction with the annual rate adjustment, and reviewed SCRR s Annu al Rate-Adjustment Request. Additionally, she drafted revisions to the Town's solid waste management ordinance to comply with SB 1383.
)) Various Solid Waste Services I City of Santa Rosa
The City adopted its Zero Waste Ptan in January 2020, with five key strategies for the City to implement on its path to Zero Waste. Currently overseeing the project team and providing analytical review of actions taken to-date by the City, along with future implementation steps usrng both standard and visionary approaches. Also providing updates related to staff resources necessary and funding strategies to fully implement and manage each strategy. Over the past five years, Carrie has worked with City staff and Recology during the transition to the new collection service agreement. She provided contract management staff training and support of new agreement including reviewing quarterly repofts and annual rate adiustment requests. She also drafted revisions to the City's solid waste management ordinance and its exclusive agreement with Recology to comply with SB 1383.
> Detailed Rate Review I City of Petaluma, Rohnert Park, and Santa Rosa Led the review and assessmenf of the reasonableness of Recology's identified non-allowable expenses, revenues, and expense allocations to the City's franchise. She a/so reviewed the reasonableness of lhe forecasted costs for the upcoming year, and the accuracy of the Recology's calculated rate adjustment, including the proper application of Recology's operating ratio. She recommended franchise agreement amendments to comply with legislative requirements related to organic waste collection for all customers, contamination auditing, and educational outreach. The approved rate adiustment included the recommended franchise agreement amendments and was decreased by between 3% - 15% from Recology's original revised request based on the findings from the detailed rate review.

CONSULIING ?3

GROUP INC
City of Sebastopol I SW Consulting Services ?e
Agenda Item Number: 7
Agenda Item Number: 7
City Council Meeting Packet for Meeting of: February 20, 2024

Jim Howison
Sr. Managing Consultant, Financial Specialist
About
Jim Howison brings comprehensive experience in planning and managing all financial aspects and services, complex projects, and operations for solid waste companies, He is well-versed in devising and executing strategies, overseeing accounting operations, producing repofts, increasing efficiency, assessing financial performance and risk, managing audits and internal control processes. Jim provides advice and guidance to management on future financial plans, as well as reviews of financial reports, monitor accounts, and prepare financial forecasts.

Jim demonstrated his abilities at Mt. Diablo Resource Recovery to such an extent that R3 ultimately brought him on board. Jim is recognized for leading and monitoring multi-functional teams and multitasks to achieve desired goals. Skilled at fostering and maintaining professional relationships with clients and enhancing process, performance, productivity, efficiency, and organizational growth. He is an out-of-the-box thinker and creative problem-solverwith exceptional interpersonal, leadership, communication, and analytical skills.

Education & Certifications
>r Master's in Business Administration in Finance, Saint Mary's College > Bachelor of Science in Accounting, Loyola Marymount University Relevant Experience
) Franchise Fee Revenue Justification I Various Jurisdictions Jim is heavily engaged in our team's efforts related to providing franchise fee iustification studies 1s7 lQ+ public sector clients.

He is responsible for conducting cost-recovery analyses, vehicle impact analyses, propefty value analyses. He is conducting research, analyzing, and estimating the value of each jurisdiction's solid waste management, administration, oversight, compliance, and other expenditures that may be eligible for recovery from solid waste rates via franchise fees. He also looking at: (1) the value of the impact that sotid waste cottection vehicles have on their streets and (2) estimate the value of the Citygovernment property rights conveyed to the City's contracted solid waste provider(s) that may be eligible for recovery via franchise fees.
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Extensive Financial Analysis on Hauling Companies Audited Financial Statements I City of Santa Barbara Anatyzed and performed a financia! analysis on the hauling company's auditing financial states. The obiectives included: (1) Determine financialsoundness of the of company; (2) To note any unusual activity; (3) Determine the liquidity or cash-flow health of the organization; (4) draw a conclusion, based on a financial, economic, and accounting interpretation as to changes in the year-over-year audited financial statement.

Performance Review and Special Rate Review I City of Cloverdale Currenly conducting a special rate review of Recology's rate adjustment application and a performance review of the franchise agreement for regulatory compliance and operational performance. R3's approach to reviewing the special rate application from Recology consisfs of reviewing and assessrng the reasonableness of the rate application, as per the terms and conditions of the franchise agreement.

Annual Rate Review I City of San Pablo
Conducted a financial analysis on the annual rate request noting material overstatement in costs resulting in a 76% decrease in the rate ask. Noted an overstatement of franchise fees and the failure to propefty capture appropriately allowable costs. 2023 5-Year Rate Projections I City of Burlingame
Developed a 5-year rate forecast including estimations on migration due to the introduction of a 20-gallon cart. Forecasted the tip fees and streamlined mutti-digit rate increases to minimize the annual increase on ratepayers, in addition to forecasting agency fees so City Staff could plan accordingly. Ensured a sufficient reserve in the City's subscription rates to offset extensive increases due to capital expenditures to meet state mandates in future years.

Develop Cost-Based Rate Applications I Cities of Concord, Oakley, and Pittsburg* The recycling crises brought on by changes in international markets led to the initiation of a cost reduction strategy that lowered the economic impact for the cities of Concord, Oakley, and Pittsburg by $2.4 million annually. The total cost of recycling was updated, re-attocated using Municipal Solid Waste, Organics, and Construction & Debris tonnage to soften the cost per ton, rather than just recycting tonnage. The prior recovery method penalized iurisdictions with historically higher conservation participation as commodity prices declined, thus requiring a more equitable approach. *denotes completion while at previous firm
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City of Sebastopol I SW Consulting Services s?9
Agenda Item Number: 7
Agenda Item Number: 7
City Council Meeting Packet for Meeting of: February 20, 2024

Peggy Paulsen
Managing Consultant, Communications Specialist
About
Peggy Paulsen is R3's Marketing & Communications Director, and brings ll+ years of experience in organizing data, brand management, social media engagement, designing and maintaining company websites, and producing professional services proposals. She is a very energetic and creative person with a keen eye for detail and organization, and leads all marketing and communications efforts for R3 and contributes to the growth, leadership, and overall strategic direction of the organization.

With her expertise in finetuned information design, Peggy regularly collaborates to develop visually appealing, easy-to-understand graphics and outreach materials to help engage and educate communities about new legislation such asAB 1826 and SB 1383. She designs customizable forms, brochures, newsletters, and presentations, as well as personalized maps, infographics and logos, and event posters and flyers. Additional areas of expertise includes report and presentation organization, creation, preparation, and execution, quality assurance, and social media marketing.

Education & Certifications
> Bachelor of Business Administration, Emphasis on Communications, National University r Certifled Professional Services Marketer, Society for Marketing Professional Services Relevant Experience
)) Proposition 218 Public Noticing I City of Rosemead
Recengy finalized the City's Proposition 218 notice in four languages - English, Spanish, Chinese, and Vietnamese - regarding SB 7383 requirements and associated rate adjustmenfs. She worked directly with the City to fine tune the messaging, ensure consistency and enclusivity across al! languages, and format into an 8-page, 11x17" booklet to be printed in full color and double-sided for the City to mail out to its 50,000+ customers > Solid Waste Coordination Services and Proposition 218 Public Noticing I Town of Loomis The R3 team is currently suppofting the Town with so/rd wasfe coordination servlces, including review of compliance, reporting, and administration of their solid waste programs for a three-year term. As a part of this engagement, Peggy provided outreach suppott to the Town for their mandatory Proposition 21 8 Noticing process. She a/so developed a customized Food Waste Prevention At Home ftyer and Edible Food Generator FAQ flyer for display in Town Hall and for distribution to the community. > SB 1383 Compliance Program and Proposition 218 Public Noticing I City of Cikus Heights Coltaborated on the development of SB 1383 outreach and educational material, and recently designed and created the City's public Proposition 218 notice. This resulted in a futl bleed, full color 5.8x11" postcard, and was delivered to 25,000 residential accounts. The public hearing for the sotid waste rate increase was held on January 27, 2022, and was approved wtfh /ess than S0 protests. tn addition, she updated the City's website, to educate and engage the target audience to sign up for organic collection, as well as bring the City into compliance with Article 4 of SB 1383. > Detailed Rate Review and Public Outreach Assistance I Sonoma County Developed a bitinguat (50% English and 50% Spanish) 11x17", double-sided, full color brochure for the County to mail out to 70,000+ customers, regarding SB 1383 requirements and rate changes. She developed the messaging and graphics from scratch and worked directly with County staff to fine-tune the appropriate messaging. From there, she created seven similar, but different, yersions for the six separate Recology zones and one for the rural customers. > On-Gall Solid Waste Consulting Services I City of Rancho Cordova Currently suppofting the imptementation of outreach and education efforts for ABs 341 , 1826, and SB 1383 to all covered generators and residents. Peggy designed the Alternative Service Compliance and Exemption Waiver, crafted new SB 1383-compliant website language, and reviewed the City's Annual Outreach Plan for clarity and conciseness. > Proposition 218 Public Noticing I City of Pomona
proiided guidance, support, and recommendations for best practices for the City with its Proposition 218 Noticing process for its sotid waste rate increases. She devetoped a customized, bilingual - English and Spanish - booklet for the City, including a clear statement about the solid waste rates and reasoning for adjustments, a brief description of the rate adiustment process, and fully detailed rate tables illustrating the proposed rates. ) SB 1383 Program Development and Public Outreach I Nevada County & City of Grass Valley Asslsfed in distinguishing the simitarities and differences betuveen the responsibilities of County and City, and combining into an easy-to-read, comprehensive repoft, as they retate to an SB 1383 program and implementation plan that will fulfill legislative compliance. She a/so updated website tanguage and aimed to educate and engage the community. > Solid Waste Facility Outreach Assistance I County of Santa Clara She recenly developed muttipte flyers for custodial and maintenance staff, health and environmental services staff, and parks and recreation sfaff She atso provided revisions and recommended updates to staff presentations for the County.

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Agenda Item Number: 7
Agenda Item Number: 7
City Council Meeting Packet for Meeting of: February 20, 2024

AIex $oulard
Sr. Consultant, Local Resource
Aboirt
Alex Soulard brings 12 years of solid waste experience in the public sector working for the Marin County Department of Public Works, where he implemented recycling, composting and other waste diversion and AB 939 compliance programs. As staff to the Marin County Hazardous and Solid Waste Management Joint Powers Authority (JPA), he implemented the JPAs Zero Waste Plan, deployed the initial food scrap composting program, single-use plastic bag bans, pharmaceutical disposal, fulfilled CalRecycle reporting requirements, developed public outreach, and fostered community engagement,
As a Sr. Consultant for R3, Alex provides important support on a variety of solid waste management projects, including policy development, planning, and implementation; negotiations and procurement; and financial and rate reviews. His efforts are focused on guiding clients to compliance with state and local legislation and implementing new or expanded policies and programs around zero waste and organic material collection, tracking, and infrastructure development.

Helr:cation & Certifi eatietns
r Bachelor of Science in Environmental Studies, Sonoma State University Relevant Experienee
>) Zero Waste Strategic Planning I Zero Waste Marin
Currently working with Zero Waste Marin (ZWM) staff to coordinate development of a Memorandum of Understanding (MOU) that will be approved by all JPA member agencies. Alex has conducted meetings with ZWM's member agencies, incorporating feedback into the MOIJ, annual workplan and budgetary needs. He has attended regional agency meeting to present initial drafts and witl coordinate with member agencies for letter agreement adoption and streamlining of the enforcement process.

Additionatly, Alex is assisfing ZWM, Marin County, and the Special districts in developing a regional Special District Program to implement SB 1383 LocalAssisfance Grants from CalRecycle. He is developing an agreement to define the Special Districts parlicipation, requirements, and responsibilities in Regional 581383 compliance programs. > On-Call Gonsulting Services FY 22-23 | City of Duarte Recently asslsfed the City in a roll-out of SB 1 383 programs by suggesting website edits preparation of the Electronic Annual Report and Organics Capacity Calculator. He also provided guidance to the City's Departments on SB 1383 enforcement, CALGreen Requirements, and Modet Water Efficient Landscaping Ordinance. Additionally, Alex has surveyed local Construction and Demolition (C&D) processing facilities to update the City's list of approved C&D Facilities. Additionally, Alex has provided assr'sfance during staff translflons and recruitments. Alex has asslsfed in updating and training the incoming Assisfanf fo the City Manager to ensure SB 7383 complaint programs continue implementation. ) FY 22-23Diversion SupportServices lCityof Concord
Recentty assisfed with the review of the haulers 2023/24 special extraordinary rate adiustment. He has prepared and submitted the City's EAR to CatRecycle for the past two years, advised the City on legislative compliance on SB 1383 and AB 1826 and drafted the AB 1276 ordinance and staff repoft for the reduction of single use foodware and condiments. He rs also revised the City's Environmental Purchasing Policy by preparing updates to include environmentally preferable purchasing for compliance with SB 1383, inctuding incorporating procurement requirements for recycled content paper products, recovering organic waste materials, devetoping record-keeping sysfems, and identifying needs for SB 1383 Local Assistance Grant Funding. ) On-Calland SB l3S3Assistance lCityof LosAltos
Previously assisted with their development of SB 1383 Compliant programs. Alex has prepared and submitted the City's Electronic Annual Report to CatRecycle for the past two years. He conducted an audit of MTWS vehicle weights, identified the degree of overweight vehicte occurrences, and provided recommendations to reduce the number of vehicles operating with overweight loads. Atex is currently providing on-call consulting assistance to the City, including staff supplement support by attending regional meetings, facititating meetings with the City's haulers, reviewing educational materials, assisfrng with 581383 LocalAsslsfance Grant lmplementation and coordinating service-level dispute resolution.

D SB 1383 Procurement Compliance I City of San Jose
Previously asslsfed rn assessrng the City's procurement of SB 1383 qualified compost, and mulch. This involved developing a tracking and implementation tool for the City and continued to provide for future oppoftunities to meet the SB 1383 Organics Procurement Target.
> SB 1383 Ordinance, Gap Analysis and Rate Review I City of Rio Vista Currently asslsflng the City with SB 1383 Compliance, that included inspection of the Edible Food Recovery Organization. He also revised Environmentat Purchasing Policy updates to include environmentally preferable purchasing for compliance with SB 13S3, which incorporated procurement requirements for recycled content paper products and recovered organic waste materials, as well as record-keeping systems. AIex is the primary point-of-contact with CalRecycle for Rio Vista, and provides a wide range of SB 1383 implementation assisfance.

City of Sebastopol ISW Consulting Services | ?b

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CROUP INC
Agenda Item Number: 7
Agenda Item Number: 7
City Council Meeting Packet for Meeting of: February 20, 2024

Maryann Hulsman
Consultant, Project Support
About
Maryann Hulsman recently joined R3, bringing two decades of project management experience in a wide range of mission-driven projects, including environmental planning, non-profit fundraising, and event production. She provides effective, thoughtful communication, and is able to solve problems and lead teams through complex situations. She has a long-held and ardenl relationship with waste diversion and environmental consulting. Maryann first began engaging with California waste management policy and operations while in college, then worked for eight years compiling CEQA, NEPA, and water permitting documentation for a broad assortment of clients in the Central Valley and Bay Area.

She has written, edited, and compiled large ElRs and ElSs for water, transportation, mining, and general plan projects for public agencies and utility districts. She has managed financials, libraries, deadlines, data flow, and communications for teams large and small, with a specialty in consensus-based and decentralized hierarchies.

Hdueation & Certifications
)) Master of City Planning, Emphasis in Community Development, Massachusetts lnstitute of Technology ) Bachelor of Science, Environmental Policy Analysis and Planning, University of California Davis Relevant Experience
>> Zero Waste Management Strategic Plan I City of Berkeley R3 ls assisfing with preparation of the City of Berkeley's Zero Waste Management Strategic Plan. Maryann is researching and writing an analysis of a dozen potential solid waste rate structures for inclusion in the Plan, including several innovative and untested approaches, in response to the City's direction to provide them with a range of envelope-pushing options. )) Marin Biomass Utilization Study I TSS Consultants for Marin Resource Conservation Dishict R3 is assisfrng ISS Consultants with portions of Marin Resource Conservation Districfs Biomass Utilization Study. Maryann helped design a visual representation of how blonass feedstocks move through processing and facilities in Marin County. > On-Call Consulting Services I City of Concord
Helped prepare the City's 2022 Electronic Annual Repoft (EAR), as well as the City's mid-2022 lmplementation Record, for submittal to CalRecycle. Maryann also led outreach, including in-person vlsits, fo the City's Tier 1 Edible Food Generators to prepare them for upcoming SB 1383 enforcement.
> On-Call Consulting Services I City of Martinez
Since 2017, R3 has worked as the City staff supplement for the City of Martinez, providing comprehensive on-call solid waste consulting seryices including asslsfance with AB 939 compliance and management of the City's Sustainability Programs.

R3 has worked with the City and its hauler to conduct a wide variety of on-call tasks related to improving the City's solid waste, diversion and sustainability programs, including SB 7383 compliance planning and negotiations for an amendment to incorporate SB 7383 compliance into the City's tvvo contracts with Republic. Maryann recently prepared the City's Electronic Annual Report. She has also performed on-site audits of the City's 5 Ceftified Used Oil Collection Centers and is visiting local busrnesses to do outreach regarding SB 7383.

D RFP for Solid Waste Collection Agreements I Cities of Richmond and San Pablo R3 is providing the Cities of Richmond and San Pablo with consulting servlces for a competitive RFP to secure new solid waste collection agreements. Maryann is preparing a model Franchise Agreement template to use in the upcoming RFP. ) SB 1383 lmplementation Services I City of Albany
Planned, conducted, and wrote up the results for contamination route reviews for the City, reviewing ten routes that included three-bin collection sysfems for single-family, multi-family, and commercial generators. )) Waste and Recycling Consulting Services I County of Santa Clara R3 has been asslsfing the County's Facilities and Fleet (FAF) Department through its procurement for a new waste hauler for County-owned facilities. Wth a new hauler selected and contracts being finalized, our team is currently asslsfng the County with transition, rollout suppoft, and education and outreach services. To support the education and outreach task, Maryann is currently contributing to the development of educational and outreach collateral about best practices in waste reduction. She also prepared a cost analysis of the County's current and prospective waste programs. > On-Call Negotiations Support I City of West Sacramento R3 is currently providing comprehensive SB 7383 implementation planning for all aspects of the law, culminating in an implementation plan and municipal code update. This plan includes outreach and education, route audits for contamination, enforcement schedules and activities, edible food recovery planning in coordination with the County, asslsfance in adjusting the City's purchasing policy, and asslsfance in negotiations with the City's hauler. For this engagement, Maryann prepared and analyzed data for the City's diversion performance analysis.

Gity of Sebastopol I SW Consulting Services 12 2)
?3 CONSTJTIING

GROTJP INC
Agenda Item Number: 7
Agenda Item Number: 7
City Council Meeting Packet for Meeting of: February 20, 2024

Angela Micheletti
Associate Gonsultant, Project Support
About
Angela Micheletti combines her background in geology with her passion for research and data analysis to work with local governments in reducing and better managing their waste streams.

She has a strong background in assessing environmental impacts, engaging others in action - without hindering performance - to obtain measurable results. She is research-oriented and focused on providing client-centered service, accurate collection of data, and high-quality report writing.

As an Associate Consultant for R3, Angela provides important support on a variety of solid waste management projects, including policy planning and implementation, negotiations and procurement, financial and rate reviews, as well as assisting jurisdictions with incorporating state regulations into their solid waste contracts. Additionally, she has conducted surveys, performed online and in-the-field data research, and has compiled and critically analyzed the resulting data and findings for our clients and their communities.

Education & Certifications
> Bachelor of Science in Geology, University of California, Davis Relevant Experience
) SB 1383 Compliance Plan & Negotiation Assistance I City of Citrus Heights Has contacted edible food recovery organizations and making tier 1 edible food generator calls to the community, as wel/ as providing slfe vr'slfs to confirm compliance with 581383 requirements. She was in charge of contacting multi-family complexes to confirm alternative compliance with the City's municipal code, which included making sure landscaping companies were recycling of their yard waste correctly. She is currently organizing a Sacramento county-wide survey to provide up-to-date information for all food recovery organizations within the area, while collaborating with Sacramento Food Bank & Family Services. She has also maintained the franchise agreement to be current with 581383 regulations On-Call Solid Waste Consulting Services I City of Rancho Cordova Supporting the City with commercial agreement administration, which includes reviewing monthly reports and quafterly reports, attending meetings, and answering emails and is in charge of commercial agreements being sent out on time and to make sure the agreements have correct information. She has helped with drafting the new residential agreement and request for proposals to make sure information rs conslsfe nt and accurafe. She also plays a role in planning edible food recovery sife vtstts to inspect Tier 1 and Tier 2 business operaflons and to verify whether businesses are donating.

Negotiation Support and Options I City of Santa Clara
Assisfed the County with an extensive review of the proposals submifted for the County's facilities and was involved with the interview process. She also conducted a rate survey by researching surrounding jurisdictions garbage collection rates and helped determine recommendations for the nexf sfeps. While negotiations for the new hauler are underway, she has begun work on an Outreach project that will educate the facilities' staff on the three-container system and the impoftance of recycling Consulting Services for Solid Waste Contract I City of Santa Barbara Recently she was involved with the process of creating and editing the new franchise agreement, and in negotiations between the City and hauler to negotiate deal points. She a/so assr'sfed with edits to the new franchise agreement, attending meetings with the City and the haulers, and reviewing current franchise agreements to compare and revise draft agreement, while also checking the city code to confirm aspecfs of the draft agreement are correct.

Negotiation Assistance I City of Westlake Village
Currently asslsfrng the City by creating their administrative checklist by reviewing their franchise agreement. Maintains the records of monthly and quarterly reports that are received by haulers, verifies the information is compliant with state law, and assrsfs with questions related to SB 1383, edible food recovery, and diversion requirements. Recently, she a/so provided grant asslsfance in order to secure funding for education and outreach regarding SB 1383.

Procurement Assistance I City of Rosemead
Recenf/y assisted with the RFP process and creation of the City's new Franchise Agreement after severalrevisions. She created a list of services provided by the City, after reviewing current franchise agreement to ensure lhose servtces were being transferred over to the new franchise agreement. She was involved in the interview process with the proposed haulers and attended City Council meetings.
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City of Sebastopol I SW Consulting Services B?3
Agenda Item Number: 7
Agenda Item Number: 7
City Council Meeting Packet for Meeting of: February 20, 2024

Standard Billing Rates
ln the table below, we have provided the hourly billing rate schedule for the R3 Project Team that may be involved in providing solid waste consultant services. These rates are effective January 1,2024 and are subject to periodic adjustments based on CPl. Unless othenruise agreed in writing, fees for work completed will be billed monthly at the first of each month for the preceding month and will be payable within 30 days of the invoice date.

Principal $ 300 per hour
Sr. Director $ 300 per hour
Director $ 255 per hour
Sr. Managing Consultant $ 235 per hour
Managing Consultant $ 210 per hour
Sr. Consultant $ 200 per hour
Consultant $ 180 per hour
Associate Consultant $ 165 per hour
Expert Witness 1.5x Rates Listed Above
Consu ltants/Su bcontractors Cost plus 10%
Lodging and meals Direct cost
Travel - Private or company car At Current Federal Rate Travel - Other Direct cost
Delivery and other expenses Direct cost

CLASSIFICATION HOURLY RATE

REIMBURSABLE COSTS
Agency I Proposal Name ZI
Agenda Item Number: 7
Agenda Item Number: 7
City Council Meeting Packet for Meeting of: February 20, 2024

ATTACHMENT 6
CONSULTING GROUP, INC.

RESOURCES . RESPECT. RESPONSIBILITY
February 13,2024
Mr. Don Schwartz
City Manager
City of Sebastopol
7120 Bodega Avenue
Sebastopol, C4,95472
su b m itted via e m a il : d schwa rtz@c ityof seba stopo l.gov SUBJECT: Competitive RFP for Solid Waste Collection Agreement - R3 Proposal Dear Mr. Schwadz,
R3 Consulting Group, lnc. (R3) is pleased to submit the attached proposal to express our interest in providing the City of Sebastopol (City) with consulting services for a competitive RFP to secure a new solid waste collection agreement.
lntroduction
Our team is uniquely qualified to provide the requested services to the City, in that we will leverage our current work efforts with multiple jurisdictions throughout the State. Most recently, for the City of Rosemead, R3 led the team in procuring new solid waste collection services through a competitive process - yielding unanimous City Council approval of the new Agreement, which has a focus on compliant organic collection programs.

Project Team
Garth Schultz, Nate Forst, or Scott Hanin will serve as the City's Project Lead. They will be supported by Jim Howison, Maryann Hulsman, and/or other qualified R3 staff as needed. Throughout this engagement, we will work with the City to establish a coordinated approach, thus facilitating a cosleffective and smooth transition into implementation for the City, the selected haule(s), and, of course, for your solid waste customers.

We are excited about this opportunity to work with the City in this engagement. Should you have questions regarding our proposal or need additional information, please reach out to me directly.

Sincerely,
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Garth Schultz I Principal
R3 Consulting Group, lnc.
51 0.292.0853 | gschultz@r3cgi. com
1512 Eureka Road. Suite 220. Roseville, CA 95661 | p 916.782.7821 | I 916.782.7824 | www.r3cgi.com Agenda Item Number: 7
Agenda Item Number: 7
City Council Meeting Packet for Meeting of: February 20, 2024

1. SGOPE OF WORK
Because R3 primarily provides services to public agencies, our clients receive unbiased opinions and recommendations throughout the negotiation and/or procurement process. We maintain excellent professional working relationships and have no conflicts of interest with landfill and facility operators or haulers. R3 staff have heard directly from many of the companies that they appreciate our knowledge and non-confrontational style in achieving successful outcomes for all pafties.

More specifically, we understand what information these solid waste, recycling and organics collection companies will need to provide, how they can best provide that information, and can further anticipate and address business interest concerns that may arise during the procurement process. Our approach to working with solid waste, recycling and organics collection companies is to be direct, respectfulof their time and effort, and help them prepare the best possible proposal for consideration by the City.

This approach helps remove barriers to hauler cooperation with negotiating final terms of a new agreement, minimizes the number of information requests to haulers, and provide for cost-effective completion of the project without the need for intensive City staff involvement. Our focus on providing services exclusively to public agencies helps ensure that the City' best interests are represented.

Solid waste consulting firms who provide services to haulers/solid waste operators cannot provide this same level of protection. This vulnerability can result in an apparent - if not actual - conflict of interest, and in turn, limits the success of the project. Unlike ourcompetitors, R3 has the staffing backgrounds from public agencies, solid waste firms, policy, and financial companies, all of whom can aid the engagement as needed.

Project Approach
Our approach to conducting procurement prolects is structured and orderly and follows a well-tested methodology. R3 will prepare a draft franchise agreement for the City. The draft agreement will be included as part of the RFP packet that R3 develops. Proposers will be required to identify exceptions they take to the draft language and offer acceptable alternative language for the City' consideration. The City will not however be required to accept any proposed exception.

R3 will also provide the following services as part of the procurement process; )) Develop a list of haulers to receive the RFP.
)) Conduct a pre-proposal Zoom meeting with potential proposers. ) Prepare written responses to questions submitted regarding the RFP and preparing addenda as necessary.
)) Evaluate proposals and work with but not necessarily be part of the Evaluation Team. ) Manage and facilitate interviews with proposers, if needed. )) Conduct negotiation sessions.
)) Prepare staff reports and presentations.
) Finalize the franchise agreement(s).
) Present recommendations to the City Council.

Scope of Work
Task 1 Kick-Off Meeting
Upon authorization to proceed, R3 will facilitate a kick-off meeting with staff from the City. The meeting will provide an opportunity to review the project objectives, R3's project approach, schedule, and data availability. The kick-off meeting will serve to set the expectations, project responsibilities, milestones and timeline for the Scope of Work and establish the best means for ongoing communication and collaboration between R3 and the City for the duration of this engagement.

City of Sebastopol I Competitive RFP for Solid Waste Collection Agreement ?3 Agenda Item Number: 7
Agenda Item Number: 7
City Council Meeting Packet for Meeting of: February 20, 2024

One item of importance for discussion during the kick-off meeting will be how R3 and the City' staff will work collaboratively to ensure that this project provides the best possible outcomes for customers and ratepayers, while still achieving meaningful compliance with the law. Also, at this meeting or sooner, R3 will develop an information request from the City to ensure as much accurate and current information is shared with prospective proposers. After the kick-off meeting, R3 will provide meeting minutes including notes, schedule, and milestones. Ongoing coordination will continue throughout the prolect through virtual meetings, schedule updates and/or status updates.

Note: To provide the most cost-effective services, we have budgeted for many meetings to be virtual, including regular check-in meetings with the City' staff. This approach has proven to be very successful in other similar engagements. ln person meetings are still beneficial for completing major milestones of the project. As such, our proposal includes up to 2 in person meetings, which may include interviews with the proposers, final negotiations, sub-committee meetings and City Council presentations. Additional costs will be incurred for required attendance at in-person meetings in excess of two meetings. R3 will seek staff approval of additional costs before they are incurred.

Task 2 Technical Document Development and Presentations Task 2.1 Develop a New Solid Waste Franchise Agreement
Using our experience bringing California municipalities into compliance with CalRecycle requirements, and with our understanding of recent state legislation, we will advise the City on the latest solid waste trends as it perlains to both franchised services and the Agreement development. This information will be discussed during our kick-off meeting, as well as in follow-up correspondence with the City. R3 will draft the new Agreement incorporating the information gathered in prior tasks. Because we are currently developing similar agreements for several clients, we can include the current industry standards and best practices for items such as performance bonds, indemnification, insurance, liquidated damages and reporting and record keeping requirements. The new Agreement will also include detailed performance requirements that establish minimum service standards for inclusion in the Agreement that are both quantifiable and easily measured to verify compliance.

Pertormance requirements may include, but are nof necessarily Iimited to, the following:
) Disposal and processing facility requirements.
) Minimum waste diversion requirements.
)) Collection vehicle emissions standards and requirements. )) Collection vehicle weight, size, and noise limitations. ) Specifications for container size, color, and labeling. )) puOtic education program requirements (e.9., quarterly newsletter, annual campaigns, classroom ) presentations, etc.).
) Collection and recycling services to the City' offices, facilities, and events. ) Collection service hours.
) Collection service quality standards.
) Collection driver uniforms and identification badges. )) Customer service standards.

Task2.2 Prepare Qualifications and Recommended Eligible Service Providers As part of the RFP Package, R3 will prepare minimum qualifications regarding each potentialservice provider's capacity and capability to perform the requisite services during the contract term and any extension. These qualifications will be required to be submitted with the submittal of proposals from qualified collection contractors. R3 has an extensive list of solid waste companies operating in California and nationally and will provide a mailing list to the City for consideration when sending out the RFP City of Sebastopol I Competitive RFP for Solid Waste Collection Agreement 2 z3 Agenda Item Number: 7
Agenda Item Number: 7
City Council Meeting Packet for Meeting of: February 20, 2024

package. R3 will work with the City to publicize the availability of the RFP package and work with staff to post the RFP on the City' websites.

As part of this task, we will provide an electronic version of the draft minimum qualifications to the City for comments. At staff's preference and in conjunction with our bi-weekly viftual check in meetings, we will be available to meet with staff to address comments. Following discussion with the City and using a single compiled document with comments from the City, R3 will compile our final minimum qualifications for incorporation into the RFP Package.

Task 2.3 Prepare Criteria and Methodology to Evaluate Proposals R3 will prepare a written set of recommended evaluation criteria and a methodology for review and discussion with staff. ln R3's experience, the evaluation will include, but not be limited to, conducting an initial "pass-fail" review. We will provide an electronic version of the draft criteria and methodology to evaluate proposals to the City for comments. At staff s preference and in conjunction with our regular virtual check in meetings, we will be available to meet with staff to address comments. Following discussion with the City and using a single compiled document with comments from the City, R3 will compile our final criteria and methodology to evaluate proposals for incorporation into the RFP Package.

Task2.4 Prepare RFP Package
Task 2.4.1 Prepare Request for Proposal (RFP) Package
R3 will develop an RFP package - this includes a draft RFP, a draft Solid Waste Agreement and cost forms for proposers to complete, and the evaluation criteria and methodology. The draft RFP will specify minimum requirements and qualifications and will require proposers to submit work plans that specify how they will transition to new services, achieve diversion requirements, implement customer service programs, and promote public education activities. The RFP package will include waste data (tonnage and current account data) previously collected in Task 1.

Separate secfions of the RFP may include, for example:
) Section A: lntroduction to the RFP, lnstructions, Schedule, Procurement Goals and Objectives )) Section B: Available Background lnformation, Demographic, Service Account Data (i.e., tonnage, number of accounts, historical operating information, and current services) )) Section C: Overview of Requested Service Requirements )) Section D: Response Format and Submittal Process, Qualification Requirements, Required Work Plans, and Proposed Rates
Transition Plan, detailing the plans and schedule of events leading up to the provision of new services.

Operations Plan, presenting specific collection and processing programs to be implemented in the City including vehicles, containers, route operations, facilities, safety, and reporting.

Customer Service Plan, detailing specifically customer service operations.

Diversion Plan, describing the diversion and sustainability programs associated with providing the requested services.

Education and Outreach Plan, specifying methods and public education materials that will be used at program start-up and throughout the agreement term and any extensions.

Financial Services Plan, access to capital, current financial statements, balance sheet, profit and loss statement and debt.

Proposal Cost and Service Forms, excel worksheets for proposers to provide their proposed customer rates and supporting cost data.
)) Section E: Evaluation Selection Criteria and Evaluation Process City of Sebastopol I Competitive RFP for Solid Waste Collection Agreement 3 ZZ Agenda Item Number: 7
Agenda Item Number: 7
City Council Meeting Packet for Meeting of: February 20, 2024

Section F: RFP Conditions, Communication Protocolfor Contractors and the City, and Proposal Cost and Service Forms.

Attachment 1: Draft Solid Waste Agreement.

Task2.4.2 Finalize and lssue RFP and Agreement
Following staff review, R3 will be available to meet with staff and the City' legal counsels to address comments. Based on City direction, R3 will finalize the RFP package and provide the City with an electronic copy which can be used to present to City Council for review, if desired.

Task 2,4.3 Conduct a Mandatory Pre-Proposal Meeting and Prepare the RFP R3 will conduct a mandatory pre-proposal meeting with prospective proposers. The pre-proposal meeting will provide the opportunity for the City to review the RFP with prospective proposers and answer questions as appropriate. We will prepare written responses to questions raised before and during the pre-proposal meeting for submittal to all parties that attended the meeting. ln addition, R3 will prepare addenda to the RFP as necessary.

Task 2.5 Evaluate Proposals
R3 will assist the City with the evaluation of up to four proposals received in response to the RFP. The evaluation will include, but not be limited to, conducting an initial "pass-fail" checklist against RFP minimum requirements, and evaluating the proposers' qualifications, references, processing and disposal facilities, approach to meeting diversion requirements, customer rates (prices), collection methods, customer service programs, financial statements, transition experience and work plans. After the initial evaluation is completed, we will prepare any written requests for clarification to the haulers, as necessary. ln the event a proposal does not meet the minimum requirements of the RFP, we will recommend that the proposal be disqualified as "non-compliant".

R3's role in the evaluation process will also include facilitating the evaluation meetings and developing proposalsummaries and rankings as appropriate. This will include providing staff with questions in advance to be asked to evaluate the information provided during interviews.

Separate sections of the evaluation analysis may include, for example:
)) Executive Summary: lntroducing and summarizing the evaluation analysis and the recommendation )) Summary of RFP ResPonses.
) Financial Capability.
)) Technical Proposal: Work plans including route design, public safety plan, sustainability programs, and education and outreach Plan.
) Customer Rate and Cost Proposals: Consistent with the proposed activities, proposed equipment, requested services, and work plans.
)) EnhancedProposalTerms.
) Rate revenues to the hauler and City.
) Start-up capital costs.

Following drafting the evaluation analysis, R3 willfacilitate several meetings with City staff, as directed.

Meetings will include (1) a summary of the proposals received, including any proposed enhancements, and (2)the results of the evaluation process.
)
)
City of Sebastopol I Competitive RFP for Solid Waste Collection Agreement 4 ?e Agenda Item Number: 7
Agenda Item Number: 7
City Council Meeting Packet for Meeting of: February 20, 2024

Additional aspects of the evaluation process will include:
) Meeting with City staff to discuss evaluation criteria and select proposers to be selected for interviews.
)) Coordinating interviews with up to four (4) proposers, including scheduling and development of questions in consultation with City staff.
) Leading up to two (2) meetings to provide (1) a summary of the proposals received, including any proposed enhancements; and (2) the results of the evaluation process.

Task 3 Negotiate with Top Ranked Proposer(s) and Present Results Task 3.1 Agreement Negotiations
Based on direction from the City, R3 will confirm deal points, and lead Agreement negotiations with the top ranked proposer(s). Negotiations will focus on clarifying the proposer's services and cost proposal and incorporating optional services as may be selected by City staff. This Task will include meetings with the City beforehand to confirm our approach for the negotiations. Our proposal assumes up to two (2) negotiation meetings with top ranked proposers, including pre- and post-discussions with City staff to confirm approach and recap as necessary.

Task 3.2 Finalize New Agreement and Present Recommendations to City Council
R3 will present the results of the evaluation process to City Council tentatively set for February 2024, including recommendations made by the evaluation team. This will include a summary of the proposal process, proposals received, the evaluation process, and the results and recommendations for award of the Agreement. Based on direction from City Council, we will incorporate program changes or options selected by City Council and finalize the Agreement for the finalist proposer to sign. This will include incorporating changes to the draft agreement through the issuance of addenda by the County, final program options selected during the selection process, proposed rates, final work plans, exhibits, etc.

R3 will prepare a second presentation to City Council summarizing the evaluation process and recommendations for award based on program changes or options selected by City Council during the first presentation.

City of Sebastopol I Competitive RFP for Solid Waste Collection Agreement 5 ?z Agenda Item Number: 7
Agenda Item Number: 7
City Council Meeting Packet for Meeting of: February 20, 2024

2. FIRM QUALIFICATIONS
About R3
lncorporated in California in2002, R3 is a California Cerlified Small Business with offices in Oakland and Roseville. For the past two decades, we have specialized in providing a diverse range of solid waste management consulting services to public agencies, including rate and financial reviews, competitive procurement and/or extension negotiations of collection, processing, and disposal services; development, implementation and monitoring of service contracts and franchise agreements; and legislative compliance.

For the past two decades, we have specialized in providing a diverse range of solid wasfe management consulting services to public agencies, including:
)) Planning, implementation and monitoring, and administrative services in support of legislative compliance with SB 1383 and SB 1016 and Assembly Bill (AB) 939, AB 341, AB 1826, AB 1594, AB 1669, AB 901, and AB 876.
) Rate and financial reviews and analyses of fees, rates, and rate structure options. )) Competitive procurements and/or extension negotiations of collection, processing, and disposal. )) Developing, implementing, and monitoring hauler performance of service contracts and agreements.

Our team has dedicated their careers to the field of solid waste management and sustainability, and skillfully deliver expert industry analysis and recommendations to our clients, who consist of municipalities, jurisdictions, public agencies, and joint power authorities - but never the solid waste companies we may be reviewing someday.

Procurement & Negotiation Services
Our team provides a variety of negotiation and procurement assistance services for our clients, ranging from assisting jurisdictions with sole source negotiations with an existing service provider, to managing all aspects of a competitive procurement process for solid waste and recycling collection, recycling, organics, processing, and disposal services. We typically provide "full-service" procurement assistance, meaning that we work closely with our clients on all aspects of a competitive procurement project.

Our procurement and negotiation services include the following:
) Negotiation, development, and monitoring of contracts and agreements. ) Assistance with the technical and financial evaluation of proposals. ) Evaluation of commercial collection system service options and structures. )) Development of policy and programmatic alternatives that meet the specific needs of the community. )) Compliance monitoring and review.
)) Design of performance standards, incentives, and penalties related to contractor performance. ) Development of an annual adjustment mechanism to contractor compensation and user rates and fees )) Leadership in community and stakeholder engagement processes, including workshops, focus groups, surveys, interviews, and presentations.
)) Preparation and distribution of Request for Proposals packages, including the Agreement and operating contracts.

City of Sebastopol I Competitive RFP for Solid Waste Collection Agreement 6 z3 Agenda Item Number: 7
Agenda Item Number: 7
City Council Meeting Packet for Meeting of: February 20, 2024

Relevant Experience
Since 2002, R3's project team has developed a unique level of relevant experience and knowledge of solid waste solutions that can help you deliver the programs and policies that your community needs. Our work, with a sampling shown below, covers everything from agreement negotiations to policy and ordinances development, legislative compliance, and education and outreach.

Our team is proud to have served 120+ clients over the past three years, and below, we have compiled a sample list of projects relevant to the County's scope of work.

Operations &
Performance
Review
Rate Sludy /
Financial
Review
sB 1383
Compliance
Negotiation
Assistance
Procurement
Assistance
City of Banning X x
City of B6aumont X x
City of Burbank x x x
City of Gloverdalo x x x x
City of Eastvale X
City of El Cajon x x
Gity of Fairfield x x x x
City ot Folsom x x x x
City of Petaluma x x x x x
City of Piedmont x X X x
City of Pomona x x X x x
City of Rancho Cordova X x X x x
Gity of Rohnert Park x x x
City of Rosemead x X
City of Salinas x x x x
City of San Bruno x X x
City of San Luis Obispo X
City of Santa Barbara x
City of Santa Clara x x x x
City of Santa Clarita X x x
City of Santa Monica x x X
City of Santa Rosa x x X x
City of Turlock x x
County of Sacramento x x
Sonoma County x x x
Town of Windsor x X X

SERVICES PROVIDED
CLIENT
City of Sebastopol I Competitive RFP for Solid Waste Collection Agreement 7 ze Agenda Item Number: 7
Agenda Item Number: 7
City Council Meeting Packet for Meeting of: February 20, 2024

3. GOST PROPOSAL
R3 proposes to complete a joint procurement for the City for a not-to-exceed cost of $150,000 Additional consulting services beyond those proposed will be charged at the hourly billing rates shown in Table 1, below. Fees for work completed will be billed monthly at the first of each month, for the preceding month, and are due within 30 days of the invoice date. lt is common in both exclusive negotiations and competitive procurements to have the selected proposer reimburse the procuring jurisdictions for the costs of the effort, and it is our intention to support the City in doing so via this engagement.

Table 1: Standard Hourly Rates
Principal $ 300 per hour
Sr. Director $ 300 per hour
Director $ 255 per hour
Sr. Managing Consultant $ 235 per hour
Managing Consultant $ 210 per hour
Sr. Consultant $ 200 per hour
Gonsultant $ 180 per hour
Associate Consultant $ 165 per hour
'1.5x Rates Listed Above
Gonsu ltants/Su bcontractors Cost plus 10%
Expert Witness
Lodging and meals Direct cost
Travel - Private or company car At Current Federal Rate Travel - other Direct cost
Delivery and other expenses Direct cost

REIMBURSABLE COSTS

CLASSIFICATION HOURLY RATE
City of Sebastopol I Competitive RFP for Solid Waste Collection Agreement 8 z3 Agenda Item Number: 7
Agenda Item Number: 7
City Council Meeting Packet for Meeting of: February 20, 2024

RESOLUTION NUMBER: XXXX-2024

CITY OF SEBASTOPOL

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEBASTOPOL AUTHORIZING A BUDGET AMENDMENT FOR R3 CONSULTING SERVICES (HAULING SERVICES RFP) WHEREAS, On April 18, 2023, City Council established an ad hoc committee to review a proposal from Recology for a new Franchise Agreement to extend garbage hauling and recycling services and to negotiate terms and service rates for the City; and
WHEREAS, After multiple discussions and input and participation from all committee members as well as Recology representatives, It became apparent that Recology and the committee could not come to agreement on fair and reasonable rates and services that the committee could recommend to the City Council and community and recommended a RFP process for hauling services; and WHEREAS, on February 20, 2024, City Council authorized City staff to prepare and execute Award of Contract to R3 Consulting Group, a solid waste management consultant, to manage procurement for hauler; and WHEREAS, a budget amendment to the adopted Fiscal Year 2023-24 Budget to proposed expenditures and funding sources is necessary for incorporating this consulting agreement for hauling services; and WHEREAS, the adopted and proposed amended budget to incorporate new budgeted item to the FY 23-24 budget is a not to exceed amount of $200,000; and
WHEREAS, the $200,000 is to be funded from the City’s unassigned fund balance; and account code 100-11- 01-4210
WHEREAS, the RFP for solid waste Franchise Agreement would include a requirement that the selected provider pay the City a one-time procurement reimbursement payment due to the City within 30-days of Franchise Agreement award. The reimbursement payment would cover the cost of R3’s services plus City staff and City attorney time; and
WHEREAS, the City would front the consultants costs, and those costs would be recouped through the one time procurement reimbursement payment.

The above and foregoing Resolution was duly passed, approved, and adopted at a meeting by the City Council on the 20th day of February 2024 by the following vote:

VOTE:

Ayes:

Noes:

Absent:

Abstain:

APPROVED: __________________________________________
Mayor Diana Gardner Rich
ATTEST: _______________________________________________________________ Mary Gourley, Assistant City Manager/City Clerk, MMC
APPROVED AS TO FORM: _______________________________________________ Agenda Item Number: 7 Agenda Item Number: 7
City Council Meeting Packet for Meeting of: February 20, 2024

Larry McLaughlin, City Attorney
Agenda Item Number: 7 Agenda Item Number: 7
City Council Meeting Packet for Meeting of: February 20, 2024