Sebastopol City Council
June 4, 2024

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1184 7.09.2 In the event that a Customer was subject to a missed Collection wherein Containers 1185 were properly set out in a timely manner and wherein the Contractor was unable to return and Collect the 1186 Customer’s Solid Waste until the following week, that Customer shall not be subject to any Solid Waste 1187 Overage fees or otherwise be penalized or tracked for an instance of Overage. 1188 Article 8. Diversion Requirements
1189 8.01 Warranties and Representations. Contractor warrants that it is aware of and familiar with 1190 City's waste stream, and that it has the ability, and shall use commercially reasonable efforts to provide and 1191 employ, sufficient programs and services to ensure City will meet or exceed City’s Diversion goals and 1192 requirements (including, without limitation, amounts of Solid Waste to be Diverted, timeframes for Diversion, 1193 and any other requirements) as set forth in this Article, Applicable Law, and CalRecycle Regulations, and that 1194 Contractor will do so without imposing any costs or fees other than those set forth in Exhibit 1. Contractor 1195 hereby agrees to assist the City to meet or exceed, on an annual basis, the Diversion Compliance, by 1196 undertaking the actions set forth in Section 8.02. 1197 8.02 Contractor Required Actions. Contractor shall take all of the following actions to assist the 1198 City in meeting, on an annual basis, Diversion Compliance:
1199 8.02.1 Except for Organic Waste Collected from homeless encampments or material 1200 subject to quarantine by the California Department of Food & Agriculture, and except as provided in Sections 1201 5.06 and 5.10, Collect and deliver all Organic Waste to the Organic Waste Processing Facility for processing 1202 and Diversion.
1203 8.02.2 Except as provided in Sections 5.06 and 5.10, Collect and deliver all Recyclable 1204 Materials to the Materials Recovery Facility.
1205 8.02.3 Collect and deliver all Garbage to the Disposal Facility. 1206 8.02.4 Collect and deliver all Construction and Demolition Debris to the Materials Recovery 1207 Facility.
1208 8.02.5 Deliver all material set out for Collection in Cart, Bins, or Roll-Off Containers 1209 identified as containing Source Separated Recyclable Material to the Materials Recovery Facility for 1210 processing and Diversion.
1211 8.02.6 Deliver all material set out for Collection in Cart, Bins, or Roll-Off Containers 1212 identified as containing Source Separated Organic Waste to the Organic Waste Processing Facility for 1213 processing and Diversion.
1214 8.02.7 Only material in Garbage Carts or Garbage Bins will be delivered to the Disposal 1215 Facility for Disposal. All other material must go to the appropriate facility for full processing and Diversion. 1216 8.02.8 Contractor must take all commercially reasonable and lawful actions to maximize 1217 Diversion of materials from landfills.

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1218 8.02.9 Contractor must develop and provide sufficient accurate information and data as 1219 necessary to ensure that Contractor and City annually demonstrate Diversion Compliance to CalRecycle. 1220 8.02.10 Contractor must implement public education and outreach programs as required 1221 under this Agreement.
1222 8.03 Annual Reporting. Contractor shall calculate the Diversion Compliance Rate on an annual 1223 basis and shall deliver a written report regarding the same to the City no later than February 14 of the year 1224 following the reporting period as set forth in Section 22.06. 1225 8.04 Failure of Recyclables Market. Notwithstanding any other provision of this Agreement to 1226 the contrary, where CalRecycle has determined that there are no commercially viable markets for a specific 1227 type of Recyclable Materials, or with written notice to City, Contractor is unable to identify a market for one or 1228 more Recyclable Materials despite the exercise of commercially reasonable efforts to process and market 1229 the material, and determines to Dispose of the Recyclable Material(s), such a determination shall not 1230 constitute a failure to implement service, a failure to implement a program, or an event of default hereunder. 1231 8.05 Failure to Meet Diversion Rate. If CalRecycle determines that City has failed to meet the 1232 Diversion Compliance due to Contractor’s failure to undertake the actions described in this Section, 1233 Contractor must prepare, at Contractor’s cost and expense, and submit a corrective action plan to City 1234 sufficient to demonstrate good faith efforts by City to comply with Diversion Compliance and that is otherwise 1235 acceptable to CalRecycle, and may be subject to Administrative Charges and Penalties as allowed under 1236 Article 25 and specified in Exhibit 5. Contractor must also submit a written corrective action plan to the City 1237 before March 15 of the year following the missed minimum Diversion requirement. Contractor’s corrective 1238 action plan must specify all actions Contractor will take to ensure it will meet Diversion Compliance Rates in 1239 the future and shall be subject to the review and approval by the Agreement Administrator. Contractor must 1240 implement all measures identified in the corrective action plan at its sole cost and expense, unless the failure 1241 to meet Diversion Compliance was due to a Change in Law or due to the negligent acts or omissions of the 1242 City. If Contractor fails to submit an adequate corrective action plan or to fully implement a City-approved 1243 corrective action plan, it shall subject Contractor to Administrative Charges and Penalties as allowed under 1244 Article 25 and specified in Exhibit 5 in addition to any other remedies available to the City. 1245 8.06 Representations and Warranties. Contractor represents and warrants that it is aware of 1246 and familiar with the Diversion Compliance, the Applicable Laws, and City’s waste stream. Contractor 1247 represents and warrants that it has the capacity, skill, and ability to undertake the actions identified in Section 1248 8.02 above without imposing any costs or fees other than those set forth in the Schedule of Maximum Service 1249 Rates, as may be adjusted as provided for in this Agreement. Where the Diversion Compliance is modified 1250 by a Change in Law, Contractor agrees to develop and implement such actions, programs, and measures as 1251 are necessary to bring City into compliance with the modified Diversion Compliance, and City agrees that it 1252 will meet and confer with Contactor for a period not to exceed ninety (90) days regarding such actions, 1253 programs, and measures, their implementation, and adjustments to rates reasonably necessary to effectuate 1254 same in accordance with Section 30.01.

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1255 8.07 Mutual Cooperation. City and Contractor shall each reasonably cooperate in good faith 1256 with all efforts of the other Party to meet City's Diversion requirements under Applicable Law and the 1257 Contractor’s obligations under this Article. City's obligations in this regard shall include, without limitation, 1258 making such petitions and applications as may be reasonably requested by Contractor for time extensions in 1259 meeting Diversion goals, or other exceptions from the terms of Applicable Laws, and to agree to authorize 1260 such changes to Contractor’s Recyclable Materials, Organic Waste, or Solid Waste programs as may be 1261 reasonably requested by Contractor in order to achieve the minimum requirements of this Article. 1262 8.08 Contractor’s Diversion Programs. Contractor shall implement the Diversion programs 1263 required under this Agreement to ensure that City and Contractor comply with all Diversion requirements 1264 under Applicable Law and the City meets or exceeds all minimum Diversion requirements under Applicable 1265 Law. Contractor shall furthermore, at its sole cost and expense, (1) assist the City in responding to inquiries 1266 from, or prepare for and attend any hearing before, CalRecycle or any other regulatory agency relating to the 1267 City’s compliance with Applicable Law; prepare for and participate in CalRecycle’ s review of the City's SRRE; 1268 apply for any extension available under Applicable Law; develop and implement a public awareness and 1269 education program consistent with the City's SRRE and Household Hazardous Waste Element and any 1270 related requirements of Applicable Law; (2) provide the City with Recycling, source reduction, and other 1271 technical assistance as may be needed to comply with Applicable Law; and (3) advise the City of additional 1272 programs or measures Contractor can, if authorized by the City, implement to increase compliance with the 1273 Diversion requirements of Applicable Law.
1274 8.09 New Diversion Programs. If Contractor fails to meet any Diversion Compliance requirement 1275 or the City fails to meet any CalRecycle Diversion requirement, notwithstanding Contractor’s implementation 1276 of all Diversion and public education programs as required by this Agreement, the City may direct Contractor 1277 to modify its Diversion and public education programs or implement new programs. Such modifications may 1278 constitute a City-Directed Change under Section 30.01. Contractor shall not implement new Diversion 1279 programs not described in this Agreement without the City’s prior consent. 1280 8.10 Nothing contained herein shall prohibit Contractor from meeting its Diversion requirements 1281 by any alternative methods or procedures, provided it complies with Applicable Law, as may be amended 1282 from time to time. Contractor’s ability to meet its Diversion requirements by alternative methods per this 1283 Section is subject to Agreement Administrator review and approval. 1284 8.11 Contractor agrees to indemnify and hold harmless the City, its Council, elected and 1285 appointed board or commission members, officers, employees, volunteers, and agents (collectively, 1286 "Indemnities") from and against any and all loss, liability, penalty, forfeiture, claim, demand, action, 1287 proceeding, or suit in law or equity of any and every kind and description, whether judicial, quasi-judicial, or 1288 administrative in nature, arising or resulting from or in any way connected with Contractor’s obligation to meet 1289 Diversion requirements as more fully set forth in Section 28.04 of this Agreement.

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1290 Article 9. Service Unit Types
1291 9.01 Service Units. Service Units include all the following categories of Premises which are in 1292 the Service Area as of July 1, 2025, and all such Premises which may be added to the Service Area by means 1293 of annexation, new construction, or as otherwise set forth in this Agreement during Term of this Agreement:
1294 9.01.1 SFD Service Units. Services are specified in Article 10. 1295 9.01.2 MFD Service Units. Services are specified in Article 11. 1296 9.01.3 Commercial Service Units. Services are specified in 11.11. 1297 9.01.4 Industrial Service Units. Services are specified in Article 13. 1298 9.01.5 City Service Units. Services are specified in Article 14. 1299 9.01.6 Any question as to whether a Premises falls within one of these categories will be 1300 determined by the Agreement Administrator and the determination of the Agreement Administrator will be 1301 final.
1302 9.02 Service Unit Changes. City and Contractor acknowledge that during the Term of this 1303 Agreement it may be necessary or desirable to add or delete Service Units for which Contractor will provide 1304 Service.
1305 9.02.1 Additions and Deletions. Contractor must provide services described in this 1306 Agreement to new Service Units in Contractor’s Service Area within five (5) Workdays of receipt of notice 1307 from City or the new Service Unit to begin such Service. 1308 9.03 Annexation. If, during Term of the Agreement, additional territory within or adjacent to the 1309 Contractor’s Service Area is acquired by City through annexation, subject to the requirements of Public 1310 Resources Code Section 49520, Contractor agrees to provide Solid Waste Collection in such annexed area 1311 in accordance with the provisions and Maximum Service Rates set forth in this Agreement after termination 1312 of former contractor’s rights to provide service have been exhausted. Such Solid Waste Collection must begin 1313 within five (5) Workdays of receipt of written notice from City. Contractor may not begin Collection Service 1314 without written authorization from City.
1315 9.04 Route Map Update. Contractor must revise the Service Unit route maps to show the 1316 addition of Service Units added due to annexation and must provide such revised maps to the Agreement 1317 Administrator as requested.
1318 9.05 Shared Service. Provided that such action is not disallowed under City Municipal Code, 1319 City businesses shall not be prohibited from sharing bins with other businesses as a single Commercial 1320 Service Unit, or from coordinating to share a single Commercial Service Unit Collection account; and City 1321 residents shall not be prohibited from sharing bins with other residents as a single SFD Service Unit, or from 1322 coordinating to share a single SFD Service Unit Collection account.

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1323 Article 10. Residential Service
1324 10.01 SFD Conditions of Service. Except as set forth below, Contractor must provide SFD 1325 Collection Service to all SFD Units in the Service Area. The SFD Service is governed by the following terms 1326 and conditions:
1327 10.01.1 Curb Service. Except for those Service Recipients that choose to receive Bins for 1328 service, Contractor must provide SFD Collection Service to all SFD Service Units in the Service Area whose 1329 SFD Solid Waste is properly containerized in Garbage Carts; Recyclable Materials are properly 1330 containerized in Recyclable Materials Carts, except as set forth in Section10.09.2; and Organic Wastes are 1331 properly containerized in Organic Waste Carts, except as set forth in Section 10.10.3; and where the 1332 Garbage, Recyclable Materials, and Organic Waste carts have been placed within three (3) feet of the curb, 1333 swale, paved surface of the public roadway, closest accessible roadway, or other such location agreed to 1334 by Contractor and Service Recipient that will provide safe and efficient accessibility to Contractor's Collection 1335 crew and vehicle.
1336 10.01.2 Bundled SFD Cart Service. Contractor will use a weekly Bundled SFD Solid Waste 1337 Collection Service system with one (1) Black or Grey Garbage Cart (at either a 20-, 32-, 64, or 96-gallon 1338 size), one (1) 96-Gallon Blue Recyclable Materials Cart, and one (1) 96-Gallon Green Organic Waste Cart 1339 as part of the base SFD Solid Waste Collection Service, in accordance with the service rates set forth in 1340 Exhibit 1. Additional Recyclable Materials Carts and Organic Waste Carts shall be made available in 1341 accordance with the service rates set forth in Exhibit 1. Recyclable Materials and Organic Waste Carts with 1342 a capacity of 20 gallons, 34 gallons, or 64 gallons may be requested by Customers that can demonstrate 1343 that they (a) have cart storage space constraints and (b) do not generate sufficient quantities of a waste 1344 stream type to justify the larger size of cart. Pricing for downsizing Carts, upsizing carts, or adding additional 1345 Carts, relative to the base Bundled Service, are included in Exhibit 1. 1346 10.01.3 On-Premises Service. Notwithstanding any term or definition set forth in this 1347 Agreement, Contractor must provide Collection of SFD Garbage, Recyclable Materials, and Organic Waste 1348 on the SFD Service Recipients Premises to an SFD Service Unit as follows. 1349 10.01.3.1 At no additional cost to the SFD Service Unit. SFD Service Units 1350 where all adult Service Recipients residing therein have disabilities that prevent them from setting their 1351 Garbage, Recyclable Materials, Organic Waste Cart, or Bulky Waste at the curb for Collection, and if a 1352 request for on-premises service has been made. For Bulky Waste on-premises services, materials must be 1353 staged externally to the Dwelling Unit in a location that’s accessible and visible to Contractor, as close to 1354 the Service Unit’s standard curbside Collection location as is feasible for the Customer. 1355 10.01.3.2 At an additional cost to the SFD Service Unit. 1356 A. SFD Service Units where topography, steep driveways, below-grade dwellings, or 1357 limited access to public streets that prevent the SFD Service Recipient from setting their Garbage, 1358 Recyclable Materials, or Organic Waste Cart at the curb for Collection, as determined by the City and 1359 agreed by the Contractor, and if a request for on-premises service has been made.

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1360 B. SFD Service Units inaccessible by standard 3- or 4-axel Collection Vehicles as 1361 determined by the Contractor and agreed by the City. Stinger/scout truck services shall be provided for the 1362 retrieval of Collection Containers from locations with accessibility constraints that make Containers difficult 1363 or impossible to access using regular trash Collection trucks. 1364 C. Contractor must offer “push services” to SFD Service Recipients other than those 1365 listed above on a subscription basis upon request for the Maximum Service Rates set forth in Exhibit 1. 1366 Push services include, but are not limited to, dismounting from the Collection Vehicle, moving the Collection 1367 Containers from their storage location for Collection, and returning the Collection Containers back to their 1368 storage location.
1369 10.01.3.3 Contractor must provide on-premises Collection Service on the 1370 same Workday that curbside Collection would otherwise be provided to the SFD Service Unit. 1371 10.02 Frequency and Scheduling of Service. SFD Collection Service must be provided one (1) 1372 time per week, on a schedule matching the City’s current service schedule. SFD Collection Service must be 1373 scheduled so that all Service Units receive Garbage Collection Service, Recyclable Materials Collection 1374 Service, and Organic Waste Collection Service on the same Workday. SFD Collection Service must be 1375 provided, commencing no earlier than 6:00 a.m. and terminating no later than 6:00 p.m., Monday through 1376 Friday, except for Holidays in accordance with Section 5.03. The hours, day, or both of Collection may be 1377 extended due to extraordinary circumstances or conditions with the prior verbal or written consent of the 1378 Agreement Administrator.
1379 10.03 Manner of Collection. The Contractor must provide Collection Service with as little 1380 disturbance as possible; the Contractor must leave any Garbage, Recyclable Materials, or Organic Waste 1381 Cart in an upright position, with the lid closed, at the same point it was Collected, without obstructing alleys, 1382 roadways, driveways, sidewalks, or mailboxes. Contractor’s employees providing Collection Service must 1383 follow the regular walk for pedestrians while on private property and may not trespass nor cross property to 1384 the adjoining Premises unless the occupant or owner of both properties has given permission. Care should 1385 be taken to prevent damage to property, including flowers, shrubs, and other plantings. 1386 10.03.1 Any damage caused by Contractor to Service Recipient property shall be repaired 1387 or replaced promptly.
1388 10.03.2 Notification of Accidents. Contractor shall notify City Representative of any 1389 accidents occurring within the Service Area that involve Contractor’s vehicles, employees, or equipment that 1390 result in any personal injury or property damage. Such notification shall be made within twenty-four (24) 1391 hours of occurrence to City Representative via both (a) email and (b) either an in-person visit or a telephone 1392 call. If Contractor is unable to reach City Representative in person or via telephone, a voicemail is an 1393 acceptable alternative.
1394 10.04 Kitchen Food Waste Pails. At the start of this Agreement, Contractor must make available, 1395 upon request, Kitchen Food Waste Pails that comply with Collection Container specifications in Exhibit 3.

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1396 10.05 Replacement of Carts. Contractor’s employees must take care to prevent damage to Carts 1397 by unnecessary rough treatment. Any Cart damaged by the Contractor must be replaced by Contractor, at 1398 Contractor's expense, within five (5) Workdays at no cost or inconvenience to the Service Recipient. 1399 10.05.1 Upon notification to Contractor by City or a Service Recipient that the Service 1400 Recipient’s Cart(s) has been stolen or damaged beyond repair through no fault of Contractor, Contractor 1401 must deliver a replacement Cart(s) to such Service Recipient within five (5) Workdays. Contractor must 1402 maintain records documenting all Cart replacements occurring. 1403 10.05.2 Each Service Recipient is entitled to the replacement of one (1) lost, destroyed, or 1404 stolen Cart every five (5) years during the life of this Agreement at no cost to the Service Recipient. Except 1405 in the case of a Cart that must be replaced because of damage caused by Contractor or in the case where 1406 Contractor elects to replace a Cart rather than repair it on-site, Contractor will be compensated for the cost 1407 of those replacements in excess of one (1) per type of Cart per Service Recipient during the aforementioned 1408 five (5) year period within the Term of the Agreement, in accordance with the “Cart Exchange” Maximum 1409 Service Rates set forth in Exhibit 1, or as may be adjusted by the City from time to time as provided under 1410 this Agreement.
1411 10.05.3 Contractor understands and agrees that this provision is intended to be applied on 1412 a per Cart type, individual Service Recipient basis, and accordingly each Service Recipient could receive up 1413 to three (3) replacement Carts, one (1) of each type, every five (5) years during the Term of the Agreement. 1414 10.05.4 Repair of Garbage, Recyclable Materials, and Organic Waste Carts. Contractor is 1415 responsible for the repair of Carts, including, but not limited to, hinged lids, wheels, and axles. Within five (5) 1416 Workdays of notification by the City or a Service Recipient of the need for such repairs, Contractor must 1417 repair the Cart or, if necessary, remove the Cart for repairs and deliver a replacement Cart to the Service 1418 Recipient. Collection Container repair also includes the removal of graffiti from the Collection Container. 1419 10.05.5 Cart Exchange. Upon notification to Contractor by City or a Service Recipient that 1420 a change in the size of a Cart is requested, Contractor must deliver such Cart to such Service Recipient 1421 within five (5) Workdays. Each SFD Service Unit is eligible to receive one (1) free Cart exchange per 1422 Calendar Year during the Term of this Agreement for moving to a larger Garbage, Recyclable Materials, or 1423 Organic Waste Cart size. Each SFD Service Unit is eligible to receive unlimited Cart exchanges per Calendar 1424 Year during the Term of this Agreement for moving to a smaller Garbage Cart size. Each SFD Service Unit 1425 is eligible to receive one (1) free Cart exchange per Calendar Year during the Term of this Agreement for 1426 moving to a smaller Recyclable Materials or Organic Waste Cart size, provided they meet the qualifications 1427 articulated in Section 10.01.2 above. Accordingly, Contractor will be compensated only for the cost of those 1428 exchanges in excess of one (1) per Calendar Year for those Service Units receiving larger Cart sizes, in 1429 accordance with the “Cart Exchange” service rate as set forth in Exhibit 1 or as may be adjusted this 1430 Agreement.
1431 10.05.6 Additional Cart Request. Upon notification to the Contractor by City or a Service 1432 Recipient that additional Black or Grey Carts for Garbage, Blue Carts for Recyclable Materials, or Green Agenda Item Number: 3
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1433 Carts Organic Waste are requested, Contractor shall deliver such Carts to such Service Recipient within five 1434 (5) Workdays, at the rate set forth in Exhibit 1.
1435 10.06 Ownership of Carts. Ownership of Carts is vested with the Contractor. 1436 10.07 Cleaning of Collection Containers. Once every five (5) years, starting at the date of 1437 signature of this agreement, each SFD Service Recipient is entitled to request the exchange of up to three 1438 (3) carts, one each of dirty Garbage, Recyclable Materials, and Organic Waste Carts, for clean Garbage 1439 Recyclable Materials, or Organic Waste carts. Upon receiving such a request from an SFD Service Recipient 1440 within the allowed timeframe, Contractor must replace the dirty Collection Container(s) with clean Collection 1441 Container(s). Any Collection Container cleanings done at a Contractor facility must be done in such a manner 1442 that results in no water entering the City’s storm drain system. This service must be provided at no charge to 1443 the Service Recipient, so long as the service is not requested more than once every five years. In addition, 1444 regardless of whether this cleaning is requested by the Service Recipient, Contractor will ensure that all 1445 Collection Containers are cleaned on an as-needed basis so as to maintain a clean appearance and proper 1446 function. Additional cleanings beyond once every five years will be subject to the Maximum Service Rate set 1447 forth in Exhibit 1.
1448 10.08 SFD Garbage Collection Service. This service is governed by the following terms and 1449 conditions:
1450 10.08.1 Non-Collection. Contractor is not required to Collect any Garbage that is not placed 1451 in a Garbage Cart. For every event of non-collection, Contractor must provide the following written notice 1452 via email, U.S. mail, or in person (which may be by Non-Collection Notice) to the Service Recipient: the date 1453 of the Solid Waste Non-Collection and the reason for Non-Collection. Contractor’s Non-Collection Notice for 1454 SFD Service Recipients shall also contain instructions on (a) how to schedule a Bulky Waste Collection and, 1455 if relevant, (b) how to request an additional Collection Container, as well as a QR code that links to a website 1456 with all Disposal programs offered by the City. If Non-Collection occurs for some unforeseeable circumstance 1457 not listed above that the Contractor encounters and is impeded by, Contractor shall provide the same written 1458 notice as described in this Section.
1459 10.08.2 Disposal Facility. Except as set forth below, all Garbage Collected as a result of 1460 performing Solid Waste Collection must be transported to, and Disposed of, at the Disposal Facilities listed 1461 in Exhibit 8. Failure to comply with this provision may result in assessment of Administrative Charges and 1462 Penalties as specified in Exhibit 5 and may result in Contractor being in default under this Agreement. 1463 10.09 SFD Recyclable Materials Service. This service is governed by the following terms and 1464 conditions:
1465 10.09.1 Overages. Corrugated cardboard that will not fit inside the Recyclable Materials 1466 Cart may be placed beside the Recyclable Materials Cart if flattened. 1467 10.09.2 Recyclable Materials - Improper Procedure. The Contractor is not required to 1468 Collect Recyclable Materials if the Service Recipient does not segregate the Recyclable Materials from Solid Agenda Item Number: 3
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1469 Waste or Organic Waste. Furthermore, Contractor is not required to Collect Recyclable Materials that are 1470 contaminated through commingling with Solid Waste or Organic Waste. To address contamination, 1471 Contractor must follow the steps set forth in Section 5.07. 1472 10.09.3 Materials Recovery Facility. Except as provided in Section 5.07, all Recyclable 1473 Materials Collected as a result of performing Recycling services must be delivered to the Materials Recovery 1474 Facility listed in Exhibit 8. Failure to comply with this provision may result in assessment of Administrative 1475 Charges and Penalties as specified in Exhibit 5 and may result in Contractor being in default under this 1476 Agreement.
1477 10.09.4 Move-In/Out Collection Service. Within three (3) months of vacating or newly 1478 occupying the dwelling, at no additional charge, each SFD Customer may request that Contractor provide 1479 one on-call Move-In/Out Recyclable Material Collection Service for recyclable packaging materials such as 1480 flattened cardboard boxes, bundled newspaper, and packaging foam. This will be offered as a one-time 1481 service for each new account. This service shall only include Recyclable Materials, and in the event that the 1482 Service Recipient includes Garbage in the materials set out for Collection by Contractor, this service shall 1483 be counted as one of the SFD Service Recipient’s free annual Bulky Waste Collections as set forth in Section 1484 10.11.
1485 10.09.5 Recyclable Materials - Changes to Services. Should changes in Applicable Law 1486 arise that necessitate any additions or deletions to the services described in this Section, including the type 1487 of items included as Recyclable Materials, the parties will negotiate any necessary cost changes and will 1488 enter into an Agreement amendment covering such modifications to the services to be performed and the 1489 compensation to be paid in accordance with Section 30.02 before undertaking any changes or revisions to 1490 such services.
1491 10.10 SFD Organic Waste Collection Service. This service is governed by the following terms 1492 and conditions:
1493 10.10.1 Organic Waste Processing Facility. Contractor must deliver all Collected Organic 1494 Waste to the Organic Waste Processing Facility listed in Exhibit 8 and agreed upon by the City. Failure to 1495 comply with this provision may result in assessment of Administrative Charges and Penalties as specified in 1496 Exhibit 5 and may result in Contractor being in default under this Agreement. 1497 10.10.2 Holiday Tree Collection. Contractor must Collect Holiday Trees set out at the curb for Collection during the three-week period beginning December 26th 1498 each year during the Term of this 1499 Agreement. Holiday Trees set out for Collection may either be containerized within an Organic Waste Cart 1500 or placed on the ground near the Service Unit’s Collection Containers. Contractor must deliver the Collected 1501 Holiday Trees to the Organic Waste Processing Facility for Diversion through uses other than Alternative 1502 Daily Cover or Beneficial Use. This annual service will be provided at no additional charge to the Service 1503 Recipient and shall not be counted as one of the SFD Service Recipient’s free annual Bulky Waste 1504 Collections as set forth in Section 10.11. Contractor is not required to Divert Holiday Trees with tinsel, 1505 flocking, or ornaments.

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1506 10.10.3 Organic Waste - Improper Procedure. Contractor is not required to Collect Organic 1507 Waste if the Service Recipient does not segregate the Organic Waste from Solid Waste or Recyclable 1508 Materials. Furthermore, Contractor is not required to Collect Organic Wastes that are contaminated through 1509 commingling with Solid Waste or Recyclable Materials. Contractor will address contamination in accordance 1510 with Section 5.07.
1511 10.11 SFD Bulky Waste Collection Service. This service is governed by the following terms and 1512 conditions:
1513 10.11.1 Conditions of Service. Contractor must provide SFD Bulky Waste Collection 1514 Service, including the Collection of E-Waste and U-Waste, to all SFD Service Units in the Service Area 1515 whose Bulky Waste, E-Waste, and U-Waste have been placed within three (3) feet of the curb, swale, paved 1516 surface of the public roadway, closest accessible roadway, or other such location agreed to by Contractor 1517 and Service Recipient, that will provide safe and efficient accessibility to Contractor's Collection crew and 1518 vehicle. Up to two (2) times per Calendar Year, each Service Recipient is entitled to receive Bulky Waste 1519 Disposal amounting to the equivalent of (a) three (3) Large Items, (b) fifteen (15) 35-gallon bags with a 1520 maximum weight of 50 pounds per each bag, (c) four (4) 95-gallon bags with a maximum weight of 50 pounds 1521 per each bag, (d) five (5) E-Waste items, or (e) up to 1.8 cubic yards of Garbage or Organic Waste per 1522 Dwelling Unit for up to four (4) units at no additional cost and expense. For subsequent Collection in any 1523 Calendar Year, the Contractor shall receive compensation from the Customer at the rate for such service as 1524 set in Exhibit 1. [Optional service may not be selected by City.] 1525 10.11.2 Frequency of Service. Bulky Waste Collection Service will be provided on the next 1526 regular Collection day if the request is received at least two (2) Workdays in advance of the next regular 1527 Collection day. The Service Recipient may not intentionally commingle residential Bulky Waste with other 1528 Residential Waste.
1529 10.11.3 Bulky Waste Containing Freon. In the event Contractor Collects Bulky Waste that 1530 contain Freon, Contractor must handle such Bulky Waste in a manner such that the Bulky Waste is not 1531 subject to regulation as Hazardous Waste under applicable State and Federal laws or regulations. 1532 10.11.4 Maximum Reuse and Recycling. Contractor must Dispose of Bulky Waste Collected 1533 from Service Units pursuant to this Agreement in accordance with the following hierarchy:
1534 10.11.4.1 Reuse as is (where energy efficiency is not compromised). 1535 10.11.4.2 Disassemble for reuse or Recycling.
1536 10.11.4.3 Recycle.
1537 10.11.4.4 Disposal.
1538 10.11.5 Disposal of Bulky Waste. Contractor may not landfill such Bulky Waste unless the 1539 Bulky Waste cannot be reused or recycled.
1540 10.12 Used Motor Oil Collection Service. At no additional cost to Service Recipient, Contractor 1541 shall provide used oil Collection Service to all SFD Service Units in the Service Area whose used oil has been Agenda Item Number: 3
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1542 placed in Contractor-provided receptacles within three (3) feet of the curb, swale, paved surface of the public 1543 roadway, closest accessible roadway, or other such location agreed to by Contractor and Service Recipient. 1544 To participate in used oil Collection service, a SFD Customer must contact Contractor to sign up for the 1545 service, after which point they will receive from the Contractor spill-safe receptacles for the Collection of used 1546 motor oil and plastic bags for the Collection of used oil filters. A SFD Customer must also contact Contractor 1547 to request Collection Service in advance of a pick-up. Used oil Collection Service will be provided on the next 1548 regular Collection day if the request for a pick-up is received at least two (2) Workdays in advance of the next 1549 regular Collection day. Contractor shall then provide replacement receptacles and filter bags to SFD 1550 Customers upon further request.
1551 Article 11. MFD Service
1552 11.01 MFD Conditions of Service. Except as set forth below, Contractor must provide MFD 1553 Collection Service to all MFD Units in the Service Area. The MFD Service is governed by the following terms 1554 and conditions:
1555 11.01.1 Bundled MFD Cart Service. Except for those Service Recipients that choose to 1556 receive Bins for service, Contractor must provide MFD Collection Service to all MFD Service Units in the 1557 Service Area whose MFD Solid Waste is properly containerized in Black/Grey Garbage Carts; Blue 1558 Recyclable Materials are properly containerized in Recyclable Materials Carts, except as set forth in Section 1559 11.08.4; and Organic Wastes are properly containerized in Green Organic Waste Carts, except as set forth 1560 in Section 11.09.5; and where the Garbage, Recyclable Materials, and Organic Waste carts have been 1561 placed within three (3) feet of the curb, swale, paved surface of the public roadway, closest accessible 1562 roadway, or other such location agreed to by Contractor and Service Recipient that will provide safe and 1563 efficient accessibility to Contractor's Collection crew and vehicle. Bundled MFD Cart Service shall be 1564 provided in Garbage Carts at the size and frequency as requested by the MFD Service Recipient, subject to 1565 the Service Rates set forth in Exhibit 1, and including at no additional cost 96 gallons worth of Blue 1566 Recyclable Materials Cart space and 96 gallons worth of Green Organic Waste Cart space per Service 1567 Recipient as part of the base bundled MFD Collection Service. The 96 gallons worth of aforementioned Cart 1568 space shall be provided as either one (1) 96-gallon Cart or multiple smaller Carts, depending on the request 1569 of the Service Recipient. Additional services may be requested by the MFD Service Recipient, in line with 1570 the Service Rates set forth in Exhibit 1.
1571 11.01.2 Bundled MFD Bin Service. Contractor must provide MFD Solid Waste Collection 1572 Service to MFD Service Units in the Service Area that choose to receive Bins for service. MFD Collection 1573 Service shall be provided in Garbage Bins at the size and frequency as requested by the MFD Service 1574 Recipient, subject to the Service Rates set forth in Exhibit 1, and including at no additional cost 96 gallons 1575 worth of Blue Recyclable Materials Cart space and 96 gallons of Green Organic Waste Cart space per 1576 Service Recipient as part of the base bundled MFD Collection Service. The 96 gallons worth of 1577 aforementioned Cart space shall be provided as either one (1) 96-gallon Cart or multiple smaller Carts, 1578 depending on the request of the Service Recipient. Additional services may be requested by the MFD 1579 Service Recipient, in line with the Service Rates set forth in Exhibit 1.

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1580 11.01.3 Exemptions from Recyclable Materials or Organic Waste Collection Service. To be 1581 exempted from MFD Recyclable Materials Service or MFD Organic Waste Collection Service, Service 1582 Recipient must apply for exemption to the Contractor. All such exemption applications must be reported and 1583 approved by the City. Additional Collection Containers or different size Collection Containers are subject to 1584 the applicable Maximum Service Rate set forth in Exhibit 1. 1585 11.01.4 On-Premises Service. Notwithstanding any term or definition set forth in this 1586 Agreement, Contractor must provide Collection of MFD Garbage, Recyclable Materials, and Organic Waste 1587 on the MFD Service Recipients Premises to an MFD Service Unit as follows. 1588 11.01.4.1 At no additional cost to the MFD Service Unit. MFD Service Units 1589 where all adult Service Recipients residing therein have disabilities that prevent them from setting their 1590 Garbage, Recyclable Materials, Organic Waste Cart, or Bulky Waste at the curb for Collection, and if a 1591 request for on-premises service has been made. For Bulky Waste on-premises services, materials must be 1592 staged externally to the Dwelling Unit in a location that’s accessible and visible to Contractor, as close to 1593 the Service Unit’s standard curbside Collection location as is feasible for the Customer. 1594 11.01.4.2 At an additional cost to the MFD Service Unit. 1595 A. MFD Service Units where topography, steep driveways, below-grade dwellings, or 1596 limited access to public streets that prevent the MFD Service Recipient from setting their Garbage, 1597 Recyclable Materials, or Organic Waste Cart at the curb for Collection, as determined by the City and 1598 agreed by the Contractor, and if a request for on-premises service has been made. 1599 B. MFD Service Units inaccessible by standard 3- or 4-axel Collection Vehicles as 1600 determined by the Contractor and agreed by the City. Stinger/scout truck services shall be provided for the 1601 retrieval of Collection Containers from locations with accessibility constraints that make Containers difficult 1602 or impossible to access using regular trash Collection trucks. 1603 C. Contractor must offer “push services” to MFD Service Recipients other than those 1604 listed above on a subscription basis upon request for the Maximum Service Rate set forth in Exhibit 1. Push 1605 services include, but are not limited to, dismounting from the Collection Vehicle, moving the Collection 1606 Containers from their storage location for Collection, and returning the Collection Containers back to their 1607 storage location.
1608 11.01.4.3 Contractor must provide on-premises Collection Service on the 1609 same Workday that curbside Collection would otherwise be provided to the MFD Service Unit. 1610 11.02 Frequency and Scheduling of Service. MFD Collection Service must be provided, 1611 commencing no earlier than 6:00 a.m. and terminating no later than 6:00 p.m., Monday through Friday, except 1612 for Holidays in accordance with Section 5.03. This service must be provided as deemed necessary and 1613 determined between Contractor and the MFD Service Unit, but such service must be received no less than 1614 one (1) time per week. The size of the Container and the frequency (above the minimum) of Collection will 1615 be determined between the MFD Service Unit and Contractor. However, size and frequency must be sufficient 1616 to provide that no Solid Waste need be placed outside the Collection Container. Contractor must provide 1617 Containers as part of the Commercial Collection Maximum Service Rates set forth in Exhibit 1. Service Agenda Item Number: 3
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1618 Recipients may own and provide their own Compactor provided that the Service Recipient is completely 1619 responsible for its proper maintenance, and that such Compactor is of a type that is compatible with 1620 Contractor's equipment. Contractor shall operate equipment that is compatible with pre-existing Service 1621 Recipient-owned compactors. All other Collection Containers used by Service Recipients must be owned and 1622 supplied by Contractor.
1623 11.03 Manner of Collection. The Contractor must provide Collection Service with as little 1624 disturbance as possible; the Contractor must leave any Garbage, Recyclable Materials, or Organic Waste 1625 Cart in an upright position, with the lid closed, at the same point it was Collected, without obstructing alleys, 1626 roadways, driveways, sidewalks, or mailboxes. Contractor’s employees providing Collection Service must 1627 follow the regular walk for pedestrians while on private property and may not trespass nor cross property to 1628 the adjoining Premises unless the occupant or owner of both properties has given permission. Care should 1629 be taken to prevent damage to property, including flowers, shrubs, and other plantings. 1630 11.03.1 Any damage caused by Contractor to Service Recipient property shall be repaired 1631 or replaced promptly.
1632 11.03.2 Notification of Accidents. Contractor shall notify City Representative of any 1633 accidents occurring within the Service Area that involve Contractor’s vehicles, employees, or equipment that 1634 result in any personal injury or property damage. Such notification shall be made within twenty-four (24) 1635 hours of occurrence to City Representative via both (a) email and (b) either an in-person visit or a telephone 1636 call. If Contractor is unable to reach City Representative in person or via telephone, a voicemail is an 1637 acceptable alternative.
1638 11.04 Kitchen Food Waste Pails. At the start of this Agreement, Contractor must make available, 1639 upon request, Kitchen Food Waste Pails that comply with Collection Container specifications in Exhibit 3. 1640 11.05 Replacement of Carts. Contractor’s employees must take care to prevent damage to Carts 1641 by unnecessary rough treatment. Any Cart damaged by the Contractor must be replaced by Contractor, at 1642 Contractor's expense, within five (5) Workdays at no cost or inconvenience to the Service Recipient. 1643 11.05.1 Upon notification to Contractor by City or a Service Recipient that the Service 1644 Recipient’s Cart(s) has been stolen or damaged beyond repair through no fault of Contractor, Contractor 1645 must deliver a replacement Cart(s) to such Service Recipient within five (5) Workdays. Contractor must 1646 maintain records documenting all Cart replacements occurring monthly. 1647 11.05.2 Each Service Recipient is entitled to the replacement of one (1) lost, destroyed, or 1648 stolen Cart every five (5) years during the life of this Agreement at no cost to the Service Recipient. Except 1649 in the case of a Cart that must be replaced because of damage caused by Contractor or in the case where 1650 Contractor elects to replace a Cart rather than repair it on-site, Contractor will be compensated for the cost 1651 of those replacements in excess of one (1) per type of Cart per Service Recipient during the aforementioned 1652 five (5) year period within the Term of the Agreement, in accordance with the “Cart Exchange” Maximum 1653 Service Rate set forth in Exhibit 1, or as may be adjusted by the City from time to time as provided under 1654 this Agreement.

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1655 11.05.3 Contractor understands and agrees that this provision is intended to be applied on 1656 a per Cart type, individual Service Recipient basis, and accordingly each Service Recipient could receive up 1657 to three (3) replacement Carts, one (1) of each type, every five (5) years during the Term of the Agreement. 1658 11.05.4 Repair of Garbage, Recyclable Materials, and Organic Waste Carts. Contractor is 1659 responsible for the repair of Carts, including, but not limited to, hinged lids, wheels, and axles. Within five (5) 1660 Workdays of notification by the City or a Service Recipient of the need for such repairs, Contractor must 1661 repair the Cart or, if necessary, remove the Cart for repairs and deliver a replacement Cart to the Service 1662 Recipient. Collection Container repair also includes the removal of graffiti from the Collection Container. 1663 11.05.5 Cart Exchange. Upon notification to Contractor by City or a Service Recipient that 1664 a change in the size of a Cart is requested, Contractor must deliver such Cart to such Service Recipient 1665 within five (5) Workdays. Each MFD Service Unit is eligible to receive one (1) free Cart exchange per 1666 Calendar Year during the Term of this Agreement for moving to a larger Garbage, Recyclable Materials, or 1667 Organic Waste Cart size. Each MFD Service Unit is eligible to receive unlimited Cart exchanges per 1668 Calendar Year during the Term of this Agreement for moving to a smaller Garbage Cart size. Each MFD 1669 Service Unit is eligible to receive one (1) free Cart exchange per Calendar Year during the Term of this 1670 Agreement for moving to a smaller Recyclable Materials or Organic Waste Cart size, provided they can 1671 demonstrate that they (a) have cart storage space constraints and (b) do not generate enough of a waste 1672 stream type to justify the larger size of cart. Accordingly, Contractor will be compensated only for the cost of 1673 those exchanges in excess of one (1) per Calendar Year for those Service Units receiving larger Cart sizes, 1674 in accordance with the “Cart Exchange” service rate as set forth in Exhibit 1 or as may be adjusted this 1675 Agreement.
1676 11.05.6 Additional Cart Request. Upon notification to the Contractor by City or a Service 1677 Recipient that additional Carts for Garbage, Recyclable Materials, or Organic Waste are requested, 1678 Contractor shall deliver such Carts to such Service Recipient within five (5) Workdays, at the rate set forth 1679 in Exhibit 1.
1680 11.05.7 Ownership of Carts. Ownership of Carts is vested with the Contractor. 1681 11.06 Cleaning of Collection Containers. Once every five (5) years, starting at the date of 1682 signature of this agreement, each MFD Service Recipient is entitled to request the exchange of up to three 1683 (3) carts, one each of dirty Garbage, Recyclable Materials, and Organic Waste Carts, for clean Garbage 1684 Recyclable Materials, or Organic Waste carts. Upon receiving such a request from an SFD Service Recipient 1685 within the allowed timeframe, Contractor must clean all Collection Containers or must replace the dirty 1686 Collection Containers with clean Collection Containers. Any Collection Container cleanings done at a 1687 Contractor facility must be done in such a manner that results in no water entering the City’s storm drain 1688 system. This service must be provided at no charge to the Service Recipient, so long as the service is not 1689 requested more than once every five years. In addition, regardless of whether this cleaning is requested by 1690 the Service Recipient, Contractor will ensure that all Collection Containers are cleaned on an as-needed basis 1691 so as to maintain a clean appearance and proper function. Additional cleanings beyond once every five years 1692 will be subject to the Maximum Service Rate set forth in Exhibit 1.

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1693 11.07 MFD Garbage Collection Service. This service is governed by the following terms and 1694 conditions:
1695 11.07.1 Non-Collection. Contractor is not required to Collect any Garbage that is not placed 1696 in a Garbage Cart. In the event of non-collection, Contractor must provide the following written notice via 1697 email, U.S. mail, or in person (which may be by Non-Collection Notice) to the Service Recipient: the date of 1698 the Solid Waste Non-Collection and the reason for Non-Collection. Contractor’s Non-Collection Notice for 1699 MFD Service Recipients shall also contain instructions on (a) how to schedule a Bulky Waste Collection and, 1700 if relevant, (b) how to request an additional Collection Container, as well as a QR code that links to a website 1701 with all disposal programs offered by the City. If Non-Collection occurs for some unforeseeable circumstance 1702 not listed in this Agreement that the Contractor encounters and is impeded by, Contractor shall provide the 1703 same written notice as described in this Section.
1704 11.07.2 Disposal Facility. Except as set forth below, all Garbage Collected as a result of 1705 performing Solid Waste Collection must be transported to, and Disposed of, at the Disposal Facilities listed 1706 in Exhibit 8. Failure to comply with this provision may result in assessment of Administrative Charges and 1707 Penalties as specified in Exhibit 5 and may result in Contractor being in default under this Agreement. 1708 11.08 MFD Recyclable Materials Service. This service is governed by the following terms and 1709 conditions:
1710 11.08.1 Conditions of Service. Contractor must provide MFD Recyclable Materials Service 1711 to all MFD Service Units in the Service Area whose Recyclable Materials are properly containerized in 1712 Recyclable Materials Collection Containers except as set forth below, where the Recyclable Materials 1713 Collection Containers are accessible. The Maximum Service Rates for Contractor’s MFD Recyclable 1714 Materials Service are set forth in Exhibit 1.
1715 11.08.2 Base MFD Recyclable Materials Service. All MFD Service Recipients subscribing 1716 to MFD Solid Waste Collection Service must receive weekly Collection of Recyclable Materials with a 1717 minimum of at least one 96-gallon Recyclable Materials Cart per Service Recipient (or a combined 96 gallons 1718 of Recyclable Materials Cart space per Service Unit, if space is divided among multiple Carts for multiple 1719 Dwelling Units), and included in the Bundled Rate set forth in Exhibit 1. The actual configuration of 1720 Recyclable Materials Collection Container sizes to be provided will be based on the total equivalent volume 1721 and configured in a manner determined by the Service Recipient in consultation with Contractor. 1722 11.08.3 Overages. Corrugated cardboard that will not fit inside the Recyclable Materials 1723 Cart may be placed beside the Recyclable Materials Cart if flattened. 1724 11.08.4 Recyclable Materials - Improper Procedure. The Contractor is not required to 1725 Collect Recyclable Materials if the Service Recipient does not segregate the Recyclable Materials from Solid 1726 Waste or Organic Waste. Furthermore, Contractor is not required to Collect Recyclable Materials that are 1727 contaminated through commingling with Solid Waste or Organic Waste. To address contamination, 1728 Contractor must follow the steps set forth in Section 5.07.

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1729 11.08.5 Materials Recovery Facility. Except as provided in Section 5.07, all Recyclable 1730 Materials Collected as a result of performing Recyclable Materials services must be delivered to the 1731 Materials Recovery Facility listed in Exhibit 8. Failure to comply with this provision may result in assessment 1732 of Administrative Charges and Penalties as specified in Exhibit 5 and may result in Contractor being in 1733 default under this Agreement.
1734 11.08.6 Move-In/Out Collection Service. Within three (3) months of a Dwelling Unit being 1735 vacated or newly occupied, for up to five (5) Dwelling Units per year, at no additional charge, each MFD 1736 Customer may request that Contractor provide one on-call Move-In/Out Recyclable Material Collection 1737 Service for recyclable packaging materials such as flattened cardboard boxes, bundled newspaper, and 1738 packaging foam. This service shall only include Recyclable Materials, and in the event that the Service 1739 Recipient includes Garbage in the materials set out for Collection by Contractor, this service shall be counted 1740 as one of the MFD Service Recipient’s free annual Bulky Waste Collections as set forth in Section 11.10. 1741 11.08.7 Recyclable Materials - Changes to Services. Should changes in Applicable Law 1742 arise that necessitate any additions or deletions to the services described in this Section, including the type 1743 of items included as Recyclable Materials, the parties will negotiate any necessary cost changes and will 1744 enter into an Agreement amendment covering such modifications to the services to be performed and the 1745 compensation to be paid in accordance with Section 30.02 before undertaking any changes or revisions to 1746 such services.
1747 11.09 MFD Organic Waste Collection Service. This service is governed by the following terms 1748 and conditions:
1749 11.09.1 Base MFD Organic Waste Service. All MFD Service Recipients subscribing to MFD 1750 Garbage Collection Service must receive weekly Collection of the equivalent volume of at least one (1) 96- 1751 gallon Green Organic Waste Cart per Service Recipient (or a combined 96 gallons of Organic Waste Cart 1752 space per Service Unit, if space is divided among multiple Carts for multiple Dwelling Units), included in the 1753 Bundled Service rate. The actual configuration of Organic Waste Collection Container sizes to be provided 1754 will be based on the total equivalent volume and configured in a manner determined by the Service Recipient 1755 in consultation with Contractor. Contractor may charge for MFD Organic Waste Collection as set forth in 1756 Exhibit 1 for MFD Organic Waste Service greater than the base 96-gallon Organic Waste Cart. 1757 11.09.2 Size and Frequency of Service. This service will be provided as deemed necessary 1758 and determined between Contractor and the Service Recipient, but such service must be received no less 1759 than one (1) time per week, except for Holidays in accordance with Section 5.03. Service may be provided 1760 by Bin or Cart at the option of the Service Recipient. The size of the Container and the frequency (above the 1761 minimum) of Collection will be determined between the Customer and Contractor. However, size and 1762 frequency must be sufficient to provide that no Organic Waste needs be placed outside the Collection 1763 Container. Service Recipients may own and provide their own Compactor provided that the Service 1764 Recipient is completely responsible for its proper maintenance, and such Compactor is of a type that is 1765 compatible with Contractor's equipment. All other Collection Containers used by Service Recipients must be 1766 owned and supplied by Contractor.

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1767 11.09.3 Organic Waste Processing Facility. Contractor must deliver all Collected Organic 1768 Waste to the Organic Waste Processing Facility listed in Exhibit 8 and agreed upon by the City. Failure to 1769 comply with this provision may result in assessment of Administrative Charges and Penalties as specified in 1770 Exhibit 5 and may result in Contractor being in default under this Agreement. 1771 11.09.4 Holiday Tree Collection. Contractor must Collect Holiday Trees set out at the curb for Collection during the three-week period beginning December 26th 1772 each year during the Term of this 1773 Agreement. Contractor must deliver the Collected Holiday Trees to the Organic Waste Processing Facility 1774 for Diversion through uses other than Alternative Daily Cover or Beneficial Use. This annual service will be 1775 provided at no additional charge to the Service Recipient and shall not be counted as one of the MFD Service 1776 Recipient’s free annual Bulky Waste Collections as set forth in Section 11.10. Contractor is not required to 1777 Divert Holiday Trees with tinsel, flocking or ornaments. 1778 11.09.5 Organic Waste - Improper Procedure. Contractor is not required to Collect Organic 1779 Waste if the Service Recipient does not segregate the Organic Waste from Solid Waste or Recyclable 1780 Materials. Furthermore, Contractor is not required to Collect Organic Wastes that are contaminated through 1781 commingling with Solid Waste or Recyclable Materials. Contractor will address contamination in accordance 1782 with Section 5.07.
1783 11.10 MFD Bulky Waste Collection Service. This service is governed by the following terms and 1784 conditions:
1785 11.10.1 Conditions of Service. Contractor must provide MFD Bulky Waste Collection 1786 Service, including the Collection of E-Waste and U-Waste, to all MFD Service Units in the Service Area 1787 whose Bulky Waste, E-Waste, and U-Waste have been placed within three (3) feet of the curb, swale, paved 1788 surface of the public roadway, closest accessible roadway, or other such location agreed to by Contractor 1789 and Service Recipient, that will provide safe and efficient accessibility to Contractor's Collection crew and 1790 vehicle. Upon property manager request, during a single instance of Bulky Waste Collection Service an MFD 1791 Service Unit is annually entitled to receive Bulky Waste Collection of up to the equivalent of (a) three (3) 1792 Large Items, (b) fifteen (15) 35-gallon bags with a maximum weight of 50 pounds per each bag, (c) four (4) 1793 95-gallon bags with a maximum weight of 50 pounds per each bag, (d) five (5) E-Waste items, or (e) 1.8 1794 cubic yards of Garbage or Organic Waste per Dwelling Unit for up to five (5) units at no additional cost and 1795 expense. For subsequent Collection in any Calendar Year, the Contractor shall receive compensation from 1796 the Customer at the rate for such service as set in Exhibit 1. [Optional service may not be selected by 1797 City.]
1798 11.10.2 Frequency of Service. Bulky Waste Collection Service will be provided on the next 1799 regular Collection day if the request is received at least two (2) Workdays in advance of the next regular 1800 Collection day. The Service Recipient may not intentionally commingle residential Bulky Waste with other 1801 Residential Waste.
1802 11.10.3 Bulky Waste Containing Freon. In the event Contractor Collects Bulky Waste that 1803 contain Freon, Contractor must handle such Bulky Waste in a manner such that the Bulky Waste is not 1804 subject to regulation as Hazardous Waste under applicable State and Federal laws or regulations.

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1805 11.10.4 Maximum Reuse and Recycling. Contractor must Dispose of Bulky Waste Collected 1806 from Service Units pursuant to this Agreement in accordance with the following hierarchy:
1807 a) Reuse as is (where energy efficiency is not compromised). 1808 b) Disassemble for reuse or Recycling.
1809 c) Recycle.
1810 d) Disposal.
1811 11.10.5 Disposal of Bulky Waste. Contractor may not landfill such Bulky Waste unless the 1812 Bulky Waste cannot be reused or recycled.
1813 11.11 Used Motor Oil Collection Service. At no additional cost to Service Recipient, Contractor 1814 shall provide used oil Collection Service to all MFD Service Units in the Service Area whose used oil has 1815 been placed in Contractor-provided receptacles within three (3) feet of the curb, swale, paved surface of the 1816 public roadway, closest accessible roadway, or other such location agreed to by Contractor and Service 1817 Recipient. To participate in used oil Collection service, an MFD Customer must contact Contractor to sign up 1818 for the service, after which point they will receive from the Contractor spill-safe receptacles for the Collection 1819 of used motor oil and plastic bags for the Collection of used oil filters. An MFD Customer must also contact 1820 Contractor to request Collection Service in advance of a pick-up. Used oil Collection Service will be provided 1821 on the next regular Collection day if the request for a pick-up is received at least two (2) Workdays in advance 1822 of the next regular Collection day. Contractor shall then provide replacement receptacles and filter bags to 1823 MFD Customers upon further request.
1824 Article 12. Commercial Service
1825 12.01 Commercial Conditions of Service. Except as set forth below, Contractor must provide 1826 Commercial Collection Service to all Commercial Service Units in the Service Area, including those City 1827 Service Units listed in Exhibit 2. MFD Units serviced with Bins will abide by the requirements listed in this 1828 Section unless they conflict with the requirements listed in Article 11, in which case Article 11 requirements 1829 supersede Article 12 requirements. This service is governed by the following terms and conditions:
1830 12.01.1 Provision of Service. Contractor must provide Commercial Garbage Collection 1831 Service, Commercial Recyclable Materials Service, and Commercial Organic Waste Collection Service to 1832 all Commercial Service Units Service Units in the Service Area whose Solid Waste, Recyclable Materials, 1833 and Organic Waste are properly containerized in Collection Containers as appropriate where the Collection 1834 Containers are accessible as set forth in Section 12.01.4. Contractor must offer Garbage, Recyclable 1835 Materials, and Organic Waste Carts in 32-, 64-, and 96-gallon sizes. Contractor must offer Garbage and 1836 Recyclable Materials Bins in 1-, 2-, 3-, 4-, and 6-cubic-yard sizes and must offer Organic Waste Bins in 1-, 1837 2-, and 3-cubic-yard sizes. Contractor may offer Roll-off Containers in 10-, 20-, 30-, and 40-cubic-yard sizes. 1838 Contractor must also either provide Collection Service from Compactors that are owned by Commercial 1839 Service Units or provide Compactors for Commercial Service Units to use for Collection Service, for the 1840 Maximum Service Rates set forth in Exhibit 1. The size of the Container and the frequency (above the 1841 minimum) of Collection will be determined between the Service Recipient and Contractor. However, the size 1842 and frequency must be sufficient to provide that no Garbage, Recyclable Materials, or Organic Waste need Agenda Item Number: 3
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1843 be placed outside the Collection Container. The base Commercial Collection Service will include Commercial 1844 Recyclable Materials Service as described in Section 12.05 below, and Commercial Organic Waste 1845 Collection Service as described in Section 12.06 below. 1846 12.01.2 Bundled Service. For the Commercial Solid Waste Collection Service system, 1847 Contractor shall provide Garbage Carts and/or Bins as requested by the Commercial Service Recipient and 1848 include at no additional cost one (1) 96-Gallon Blue Recyclable Materials Cart and one (1) 32-Gallon Green 1849 Organic Waste Cart service as part of the base bundled Commercial Collection Service. Additional services 1850 may be requested by the Commercial Service Recipient. To be exempted from Commercial Recyclable 1851 Materials Service or Commercial Organic Waste Collection Service, Service Recipient must apply for 1852 exemption to the Contractor. All such exemption applications must be reported and approved by the City. 1853 12.01.3 Hours of Collection. Commercial Collection Service must be provided commencing 1854 no earlier than 5:00 a.m., and terminating no later than 6:00 p.m., Monday through Saturday, except for 1855 Holidays as described in Section 5.03. If the Commercial Collection Service is adjacent to Residential 1856 Premises, then Collection service will be provided no earlier than 6:00 a.m. City may require additional 1857 restrictions on Collection hours in areas impacted by commute traffic, road repair, around schools, in areas 1858 where commercial Collection is within six hundred (600) feet of residential housing, or where continued noise 1859 complaints about Collection vehicles have occurred. The hours, day, or both of Collection may be extended 1860 due to extraordinary circumstances or conditions with the prior verbal or written consent of the Agreement 1861 Administrator.
1862 12.01.4 Accessibility. Contractor must Collect all Collection Containers that are readily 1863 accessible to Contractor's crew and vehicles and not blocked. However, Contractor must provide “push 1864 services” and “stinger/scout truck services” as necessary upon request during the provision of Commercial 1865 Collection Service for the Maximum Service Rate set forth in Exhibit 1. Push services include, but are not 1866 limited to, dismounting from the Collection Vehicle, moving the Collection Containers from their storage 1867 location for Collection, and returning the Collection Containers back to their storage location, relocking the 1868 storage enclosure if a lock is included. Stinger/scout truck services provide for the retrieval of Collection 1869 Containers from locations with accessibility constraints that make Containers difficult or impossible to access 1870 using regular trash Collection trucks.
1871 12.01.5 Manner of Collection. Contractor must provide Commercial Collection Service 1872 consistent with Section 13.16 of the Sebastopol Municipal Code with as little disturbance as possible and 1873 must leave any Collection Container in an upright position, with the lid closed, at the same point it originally 1874 located, without obstructing alleys, roadways, driveways, sidewalks, or mailboxes. 1875 12.01.6 Purchase and Distribution of Collection Containers for New Commercial Service 1876 Units. Contractor must also distribute newly painted Collection Containers as specified in Exhibit 3 to new 1877 Commercial and MFD Service Units that are added to Contractor’s Service Area during the Term of this 1878 Agreement. The size and mix of the Collection Containers will be in accordance with the service agreement 1879 obtained by Contractor as set forth in this Agreement and the distribution must be completed within five (5) 1880 Workdays of receipt of the request for service.

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1881 12.01.7 Replacement of Collection Containers. Contractor’s employees must avoid damage 1882 to Collection Containers by unnecessary rough treatment. Any Collection Container damaged by the 1883 Contractor must be replaced by Contractor, at Contractor's expense, within five (5) Workdays at no cost or 1884 inconvenience to the Service Recipient.
1885 12.01.7.1 Each Commercial Service Unit is entitled to the replacement of 1886 one (1) lost, destroyed, or stolen Garbage, Recyclable Materials, and Organic Collection Container every 1887 five (5) years during the life of this Agreement at no cost to the Service Unit. Accordingly, Contractor will be 1888 compensated for the cost of those replacements in excess of one (1) Garbage, Recyclable Materials, and 1889 Organic Collection Container per Commercial Service Unit during the aforementioned five (5) year period 1890 within the Term of the Agreement, in accordance with the “Collection Container Exchange” Maximum 1891 Service Rate, as appropriate, set forth in Exhibit 1. Contractor must deliver a replacement Collection 1892 Container to such Service Unit within five (5) Workdays. 1893 12.01.8 Repair of Collection Containers. Contractor is responsible for repair of Collection 1894 Containers. Within five (5) Workdays of notification by City or a Service Recipient of the need for such 1895 repairs, Contractor must repair the Collection Container or, if necessary, remove the Collection Container 1896 for repairs and deliver a replacement Collection Container to the Service Recipient. Collection Container 1897 repair also includes the removal of graffiti from the Collection Container. 1898 12.01.9 Collection Container Exchange. Upon notification to Contractor by City or a Service 1899 Recipient that a change in their Collection Containers is required, for reasons beyond those outlined in 1900 Section 12.01.7, Contractor must deliver such Collection Containers to such Service Recipient within five (5) 1901 Workdays. Each Commercial Service Unit is eligible to receive one (1) free Collection Container exchange 1902 per Calendar Year during the Term of this Agreement. Contractor is allowed to charge the Service Unit for 1903 the cost of those exchanges in excess of one (1) Collection Container exchange per Calendar Year, in 1904 accordance with the appropriate “Collection Container Exchange” service rate set forth in Exhibit 1 as may 1905 be adjusted by City under this Agreement. Additional Collection Containers or different size Collection 1906 Containers are subject to the applicable Maximum Service Rate set forth in Exhibit 1. 1907 12.02 Ownership of Collection Containers. Ownership of Collection Containers distributed by 1908 Contractor is vested with Contractor.
1909 12.03 Cleaning of Collection Containers. Once every five (5) years, starting at the date of 1910 signature of this agreement, each Commercial Service Recipient is entitled to request the exchange of up to 1911 three (3) Collection Containers, one each of dirty Garbage, Recyclable Materials, and Organic Waste 1912 Containers, for clean Garbage Recyclable Materials, or Organic Waste Containers. Upon receiving such a 1913 request from a Commercial Service Recipient within the allowed timeframe, Contractor must clean the 1914 Collection Containers or must replace the dirty Collection Containers with clean Collection Containers. Any 1915 Collection Container cleanings done at Contractor facility must be done in such a manner that results in no 1916 water entering the City’s storm drain system. This service must be provided at no charge to the Service Unit, 1917 so long as the service is not requested more than once every five years. In addition, regardless of whether 1918 this cleaning is requested by the Service Unit, Contractor will ensure that all Collection Containers are cleaned Agenda Item Number: 3
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1919 on an as-needed basis so as to maintain a clean appearance and proper function. Additional cleanings 1920 beyond once every five years will be subject to the Maximum Service Rate set forth in Exhibit 1. 1921 12.04 Commercial Garbage Collection Service.
1922 12.04.1 Conditions of Service. Contractor must provide Commercial Garbage Collection 1923 Service to all Commercial Service Units in the Service Area whose Garbage is properly containerized in 1924 Garbage Collection Containers, where the Garbage Collection Containers are accessible. 1925 12.04.2 Size and Frequency of Service. This service must be provided as deemed 1926 necessary and determined between Contractor and the Commercial Service Unit, but such service must be 1927 received no less than one (1) time per week, except for Holidays in accordance with Section 5.03. The size 1928 of the Container and the frequency (above the minimum) of Collection will be determined between the 1929 Commercial Service Unit and Contractor. However, size and frequency must be sufficient to provide that no 1930 Solid Waste need be placed outside the Collection Container. Contractor must provide Containers as part 1931 of the Commercial Collection Maximum Service Rates set forth in Exhibit 1. Service Recipients may own 1932 and provide their own Compactor provided that the Service Recipient is completely responsible for its proper 1933 maintenance, and that such Compactor is of a type that is compatible with Contractor's equipment. All other 1934 Collection Containers used by Service Recipients must be owned and supplied by Contractor. 1935 12.04.3 Non-Collection. Contractor is required to Collect any Commercial Solid Waste that 1936 is not placed in a Garbage Collection Container if such Commercial Solid Waste is outside the Garbage 1937 Collection Container because of overflow. In the event of non-collection, Contractor must provide the 1938 following written notice via email, U.S. mail, or in person (which may be by Non-Collection Notice) to the 1939 Service Recipient: the date of the Solid Waste Non-Collection and the reason for Non-Collection. 1940 Contractor’s Non-Collection Notice for Commercial Service Recipients shall also contain instructions on how 1941 to request an additional Collection Container, if relevant. If Non-Collection occurs for some unforeseeable 1942 circumstance not listed in this Agreement that the Contractor encounters and is impeded by, Contractor shall 1943 provide the same written notice as described in this Section. 1944 12.04.4 Disposal Facility. All Solid Waste Collected as a result of performing Commercial 1945 Solid Waste Collection must be transported to, and Disposed of at, the Disposal Facility. Failure to comply 1946 with this provision may result in assessment of Administrative Charges and Penalties as specified in Exhibit 1947 5 and may result in Contractor being in default under this Agreement. 1948 12.05 Commercial Recyclable Materials Service. This service is governed by the following terms 1949 and conditions:
1950 12.05.1 Conditions of Service. Contractor must provide Commercial Recyclable Materials 1951 Service to all Commercial Service Units in the Service Area whose Recyclable Materials are properly 1952 containerized in Recyclable Materials Collection Containers, except as set forth below, where the Recyclable 1953 Materials Collection Containers are accessible. The Maximum Service Rates for Contractor’s Commercial 1954 Recyclable Materials Service are set forth in Exhibit 1.

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1955 12.05.2 Base Commercial Recyclable Materials Service. All Commercial Service Recipients 1956 subscribing to Commercial Solid Waste Collection Service must receive weekly Collection of Recyclable 1957 Materials with a minimum of at least one 96-gallon Blue Recyclable Materials Cart per Service Recipient at 1958 no additional cost as part of the base service and included in the Bundled Rate set forth in Exhibit 1. The 1959 actual configuration of Recyclable Materials Collection Container sizes to be provided will be based on the 1960 total equivalent volume and configured in a manner determined by the Service Recipient in consultation with 1961 Contractor.
1962 12.05.3 Size and Frequency of Service. This service will be provided as deemed necessary 1963 and determined between Contractor and the Service Recipient, but such service must be received no less 1964 than one (1) time per week, except for Holidays in accordance with Section 5.03. Service may be provided 1965 by Collection Container at the option of the Service Recipient. The size of the Collection Container and the 1966 frequency (above the minimum) of Collection will be determined between the Service Recipient and 1967 Contractor. However, size and frequency must be sufficient to provide that no Recyclable Materials need be 1968 placed outside the Collection Container. Contractor may charge for Commercial Recyclable Materials 1969 Service above the weekly trash volume equivalent and must provide Recyclable Materials Collection 1970 Containers as a part of the Bundled Service with rates set forth in Exhibit 1. Service Recipients may own 1971 and provide their own Compactor provided that the Service Recipient is completely responsible for its proper 1972 maintenance, and that such Compactor is of a type that is compatible with Contractor's equipment. All other 1973 Collection Containers used by Service Recipients must be owned and supplied by Contractor. 1974 12.05.4 Recyclable Materials - Improper Procedure. Contractor is not required to Collect 1975 Recyclable Materials if the Service Recipient does not segregate the Recyclable Materials from Commercial 1976 Solid Waste and Organic Waste. Furthermore, Contractor is not required to Collect Recyclable Materials 1977 that are contaminated through commingling with Solid Waste or Organic Waste. To address contamination, 1978 Contractor must follow the steps as set forth in Section 5.07. 1979 12.05.5 Materials Recovery Facility. All Recyclable Materials Collected as a result of 1980 performing Recyclable Materials Service must be delivered to the Materials Recovery Facility listed in Exhibit 1981 8. Failure to comply with this provision may result in assessment of Administrative Charges and Penalties 1982 as specified in Exhibit 5 and may result in Contractor being in default under this Agreement. 1983 12.05.6 Recyclable Materials - Changes to Work. Should changes in law arise that 1984 necessitate any additions or deletions to the work described herein including the type of items included as 1985 Recyclable Materials, the parties will negotiate any necessary cost changes and will enter into an Agreement 1986 amendment covering such modifications to the work to be performed and the compensation to be paid in 1987 accordance with Section 30.02 before undertaking any changes or revisions to such work. 1988 12.05.7 Additional Recyclable Materials Collection Containers. Contractor must provide 1989 additional Recyclable Materials Collection Containers to Commercial Service Recipients above the minimum 1990 requirements within five (5) days of request and may charge for such additional capacity set forth in Exhibit 1991 1 provided that additional Collection Containers are used by Service Recipients for the purposes of setting 1992 out additional Recyclable Materials for regular weekly Commercial Recyclable Materials Service.

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1993 12.06 Commercial Organic Waste Collection Service. This service is governed by the following 1994 terms and conditions:
1995 12.06.1 Conditions of Service. Contractor must provide Commercial Organic Waste 1996 Collection Service to all Commercial Service Units in the Service Area whose Organic Waste is properly 1997 containerized in Organic Collection Containers, where the Organic Waste Collection Containers are 1998 accessible. Contractor will conduct a site visit with each non-exempt Service Recipient to determine the 1999 specific materials to be included in the Service Recipient’s Organic Waste Collection (i.e., Food Waste, 2000 Green Waste, combined Food and Green Waste). Contractor will charge for Collection of Organic Waste 2001 within the Bundled Service rate specified in Exhibit 1. For Organic Waste Collected in Collection Containers 2002 beyond the size specified in the Bundled Service rate, Contractor will charge at the rate set forth in Exhibit 2003 1. Contractor agrees that not all Service Units will elect to receive Organic Waste Collection Service in Carts, 2004 and that Contractor will provide Organic Waste Collection Bins upon request and as necessary. Service 2005 Recipients may elect to add Green Waste only Collection Bins to their service at pricing included in Exhibit 2006 1. Contractor will provide enough Collection Containers and at a Collection frequency to allow for any such 2007 Service Unit to utilize the Collection of Organic Waste. Commercial Organic Waste Collection will occur 2008 Monday through Saturday upon request and as necessary. City shall provide Contractor a list of the names 2009 and addresses of Commercial Service Units that are approved by City for exemption from Organic Waste 2010 Collection.
2011 12.06.2 Organic Waste Processing Facility. Contractor must deliver all Collected Organic 2012 Waste to the Organic Waste Processing Facility listed in Exhibit 8. Failure to comply with this provision may 2013 result in assessment of Administrative Charges and Penalties as specified in Exhibit 5 and may result in 2014 Contractor being in default under this Agreement.
2015 12.06.3 Organic Waste Collection Frequency. Contractor must comply with CalRecycle 2016 Collection frequency requirements as they may apply during the Term of this Agreement. If any such 2017 changes to Collection frequency are adopted after Commencement Date that result in Contractor being 2018 allowed to reduce the frequency of Garbage or Organic Waste Collection, or otherwise cause Contractor to 2019 reduce its Collection costs as a result in a change in Garbage or Organic Waste Collection frequency, 2020 Contractor must provide City with its estimate of its reduced costs and shall make adjustments to the 2021 Maximum Service Rates.
2022 12.06.4 Base Commercial Organic Waste Service. All Commercial Service Recipients 2023 subscribing to Commercial Garbage Collection Service must receive weekly Collection of the equivalent 2024 volume of at least one (1) 32-gallon Green Organic Waste Cart per Service Recipient at no additional cost 2025 as part of the base service included in the Bundled Service rate. The actual configuration of Organic Waste 2026 Collection Container sizes to be provided will be based on the total equivalent volume and configured in a 2027 manner determined by the Service Recipient in consultation with Contractor. Contractor may charge for 2028 Commercial Organic Waste Collection as set forth in Exhibit 1 for Commercial Organic Waste Service 2029 greater than the base 32-gallon Organic Waste Cart. 2030 12.06.5 Size and Frequency of Service. This service will be provided as deemed necessary 2031 and determined between Contractor and the Service Recipient, but such service must be received no less Agenda Item Number: 3
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2032 than one (1) time per week, except for Holidays in accordance with Section 5.03. Service may be provided 2033 by Bin or Cart at the option of the Service Recipient. The size of the Container and the frequency (above the 2034 minimum) of Collection will be determined between the Customer and Contractor. However, size and 2035 frequency must be sufficient to provide that no Organic Waste needs be placed outside the Collection 2036 Container. Service Recipients may own and provide their own Compactor provided that the Service 2037 Recipient is completely responsible for its proper maintenance, and that such Compactor is of a type that is 2038 compatible with Contractor's equipment. All other Collection Containers used by Service Recipients must be 2039 owned and supplied by Contractor.
2040 12.06.6 Organic Waste - Improper Procedure. Contractor is not required to Collect Organic 2041 Waste if the Service Recipient does not separate the Organic Waste from Solid Waste and Recyclable 2042 Materials. Furthermore, Contractor is not required to Collect Organic Waste that is contaminated through 2043 commingling with Solid Waste or Recyclable Materials. To address contamination, Contractor must follow 2044 the steps set forth in Section 5.07.
2045 12.06.7 Organic Waste - Changes to Services. Should changes in law arise that necessitate 2046 any additions or deletions to the services described in this Section, including the type of items included as 2047 Organic Waste, the parties will negotiate any necessary cost changes and will enter into an Agreement 2048 amendment covering such modifications to the services to be performed and the compensation to be paid 2049 in accordance with Section 30.02 before undertaking any changes or revisions to such services. 2050 12.06.8 Additional Organic Waste Collection Containers. Contractor must provide additional 2051 Organic Waste Collection Containers to Service Recipients at the rates listed in Exhibit 1 provided that 2052 additional Collection Containers are used by Service Recipients for the proposes of setting out additional 2053 Organic Waste materials for regular weekly Organic Waste Collection Service. 2054 Article 13. Industrial Service
2055 13.01 Contractor shall provide temporary Bin and Roll-Off Container service, including 2056 Construction and Demolition Debris Bins, to Service Recipients. Contractor must offer temporary Bins in 1-, 2057 2-, 3-, 4-, and 6-cubic-yard sizes, and Contractor must offer temporary Roll-Off Containers in 10-, 20-, 30-, 2058 and 40-cubic-yard sizes. Contractor shall deliver such Bin or Roll-Off Container within one (1) Business Day 2059 of request. The size of the Container and the frequency of Collection will be determined between the Service 2060 Recipient and Contractor. The Contractor shall receive compensation for Temporary Bin and Roll-Off 2061 Container Service from the Customer at the rate for such service as set in Exhibit 1. 2062 13.02 Contractor shall provide monthly Roll-Off Container service, including Construction and 2063 Demolition Debris Bins, to Service Recipients. Contractor may offer monthly Roll-Off Containers in 10-, 20-, 2064 30-, and 40-cubic-yard sizes. Contractor shall deliver such Roll-Off Container within one Business Day of 2065 request. Contractor must also either provide Collection Service from Compactors that are owned by 2066 Commercial Service Units or provide Compactors for Commercial Service Units to use for Collection Service, 2067 for the Maximum Service Rates set forth in Exhibit 1. The size of the Container and the frequency of Collection 2068 will be determined between the Service Recipient and Contractor. The Contractor shall receive compensation 2069 for monthly Roll-Off Container Service from the Customer at the rate for such service as set in Exhibit 1.

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2070 13.03 Hours of Collection. Industrial Collection Service must be provided commencing no earlier 2071 than 5:00 a.m., and terminating no later than 6:00 p.m., Monday through Saturday, except for Holidays in 2072 accordance with Section 5.03. If the Industrial Collection Service is adjacent to Residential Premises, then 2073 Collection Service will be provided no earlier than 6:00 a.m. The hours, day, or both of Collection may be 2074 extended due to extraordinary circumstances or conditions with the prior verbal or written consent of the 2075 Agreement Administrator.
2076 Article 14. City Services
2077 14.01 City Collection Service.
2078 14.01.1 Contractor shall provide Garbage, Recyclable Materials, and Organic Waste 2079 Collection Service to all City Service Units set forth in Exhibit 2, or as City may designate in the future (and 2080 where applicable, subject to the conditions in this Section), where the Containers are not blocked and are 2081 accessible by Contractor’s Collection Vehicles. City may update Exhibit 2 annually. 2082 14.01.2 Bulky Waste Collection Service. Contractor shall Collect Bulky Waste, including E2083 Waste and U-Waste, from City Service Units as listed on Exhibit 2 on an on-call basis on the same terms 2084 and conditions as are provided to SFD Service Units per Section 10.11. [Optional service may not be 2085 selected by City.]
2086 14.01.3 Public Garbage Cans and City Transit Shelters. Contractor shall provide Garbage 2087 Collection services to public trash cans and City-owned bus stops not less than three (3) days per week. 2088 Collection service shall include power-washing public trash cans and maintaining cleanliness in and around 2089 the trash cans on an annual basis. City public trash cans and Transit Shelter Garbage Collection Service 2090 Areas are specified in Exhibit 2.
2091 14.01.4 Development Review. Contractor, upon City’s request, shall assist the City in the 2092 review of applicants’ plans for projects covered by Public Resources Code § 42911, including commercial 2093 and multi-family projects, to provide for effective and economical accumulation and Collection of Solid 2094 Waste.
2095 14.01.5 Accumulation of Waste and Abandoned Waste. Contractor shall direct its drivers to 2096 note: (1) the addresses of any Premises at which they observe that Garbage, Recyclable Materials, and/or 2097 Organic Waste is accumulating and are not being delivered for Collection; and (2) the address, or other 2098 location description, at which Garbage or other Solid Waste has been abandoned in an apparently 2099 unauthorized manner. Contractor shall deliver the address or description to City within five (5) working days 2100 of such observation.
2101 14.01.6 Abandoned Waste Removal. Upon request from the Agreement Administrator or 2102 other authorized City staff, in accordance with the Service Recipient Rates as set forth in Exhibit 1, 2103 Contractor shall provide abandoned waste removal services within twenty-four (24) hours. Contractor shall 2104 do all of the following:

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2105 (a) Contractor will Collect Abandoned Waste discarded along roads at locations identified 2106 by the City (which may include reports of locations by members of the public to the City 2107 or to Contractor from City staff).
2108 (b) Contractor shall respond to requests from the City to Collect abandoned waste on City 2109 Premises.
2110 (c) Contractor shall proactively Collect any and all Abandoned Waste from designated Hot 2111 Spots identified by the City, on a schedule set by the City. 2112 (d) Contractor shall proactively Collect any and all unreported Abandoned Waste that is 2113 discovered during the course of regular Collection Service. 2114 (e) Contractor shall cooperate with City in any investigation and prosecution of illegal 2115 dumping.
2116 (f) Contractor shall clean up litter within a 20-foot radius of each Abandoned Waste 2117 Collection site.
2118 Contractor shall be responsible for loading or arranging for loading of abandoned waste. Contractor shall 2119 Collect, transport, and deliver abandoned waste to the Disposal Facility, the Materials Recovery Facility, or 2120 Organic Waste Processing Facility as appropriate given the characteristics of the abandoned waste. 2121 [Optional service may not be selected by City.]
2122 14.01.7 Contractor shall publicize, to the satisfaction of City, the non-emergency phone 2123 number for the Sebastopol Police Department, (707) 829-4400, as a resource for people to report illegal 2124 dumping of debris.
2125 14.01.8 City-Sponsored Events Service. Upon request by the City, Contractor shall provide 2126 Garbage, Recyclable Materials, and Organic Waste Containers and Collection Service at up to ten (10) City2127 Sponsored Events annually at no cost to the City. Containers shall be delivered and picked up on the same 2128 day as each event, to prevent unauthorized use of the Containers. 2129 14.02 City Collection Conditions of Service. City Collection Service shall be governed by the 2130 following terms and conditions:
2131 14.02.1 Contractor’s Good Will. In exchange for the good will of the City and the general 2132 public, Contractor voluntarily agrees to provide Solid Waste Collection under this Article at no cost to the 2133 City excepting excess service as provided in this Article and warrants that such service shall neither impact 2134 the Maximum Service Rates nor be otherwise paid for or subsidized by any other Service Recipients. 2135 14.02.2 Contractor shall receive written permission from the City before placing any 2136 Collection Containers on City-owned property for service, except that no such permission shall be needed 2137 to place Collection Containers at locations specified for such Containers in Exhibit 2. 2138 14.02.3 Contractor shall limit the number of trips and the path of travel for Collection 2139 Vehicles in City parking lots.

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2140 14.02.4 Container Service. City Facilities shall be provided Solid Waste Collection generally 2141 subject to the same terms and conditions as similar Service Units regarding Container specifications, repair, 2142 replacement, cleanings, and exchange; provided the City shall not be charged for any requests for such 2143 services.
2144 14.02.5 Frequency of Service. The frequency of Collection may be designated by the City, 2145 but not to exceed six (6) times per week per Container. City may change the City Service Units receiving 2146 service, and the Container volume and Collection frequency provided to any City Service Unit, by written 2147 notice to Contractor.
2148 14.02.6 Keys to City Facilities. City may issue Contractor sets of keys to facilitate access to 2149 City Service Unit sites. Contractor shall be responsible for the safekeeping of these keys and shall pay for 2150 the replacement cost of keys if replacements are needed. 2151 Article 15. Additional Services
2152 15.01 Recovered Organic Waste Procurement. Contractor shall assist the City in meeting the SB 2153 1383 mandated recovered Organic Waste procurement target. At no cost to the City, Contractor must assist 2154 City in arranging for produced Compost, mulch, or other recovered Organic Waste products to comply with 2155 SB 1383 procurement requirements to be delivered in qualities, quantities, locations, and times agreed on 2156 between City and Contractor. Such Contractor assistance can be in the form of backhauling materials or 2157 setting aside locations for Service Recipients to pick up produced Compost/mulch at an approved facility. 2158 Contractor agrees to provide up to fifty (50) cubic yards of Compost or mulch to the City annually. 2159 15.02 Compost Giveaway Events. In the event that Compost is no longer provided by the 2160 Sonoma County Waste Management Agency, and subject to the terms and conditions of Section 30.01, 2161 Contractor will provide at least two Compost giveaway events per year for City residents. Contractor shall 2162 make available at least sixty (60) cubic yards of Compost on an annual basis at no additional cost to City. 2163 The location, date, and time of such events shall be mutually agreed upon by Contractor and City. 2164 15.03 Edible Food Recovery Support. In the event that Edible Food Recovery support is no longer 2165 provided by the Sonoma County Waste Management Agency, and subject to the terms and conditions of 2166 Section 30.01, Contractor will, at no additional cost to the City, provide support to the City’s Edible Food 2167 Recovery program as required under SB 1383. Contractor support may include educating commercial Edible 2168 Food generators, providing records of site visits, conducting education efforts, providing lists of food recovery 2169 organizations, and coordinating with Agreement Administrator. Contractor will assist the City in conducting 2170 Food Waste and Green Waste surveys and Diversion programs by providing accurate and timely service 2171 data, conducting site visits, and distributing materials. 2172 15.04 HHW and Extended Producer Responsibility Drop-Off Events. In the event that HHW 2173 collection events are no longer provided by the Sonoma County Waste Management Agency, and subject to 2174 the terms and conditions of Section 30.01, Contractor shall provide a minimum of two City-wide HHW 2175 (including E-waste, U-Waste, pharmaceuticals, and sharps), textile, carpet, and mattress Collection drives on 2176 an annual basis. The events shall be conducted by Contractor at no cost of any kind to the City. Contractor Agenda Item Number: 3
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2177 will schedule Collection events with City approval and advertise the drop-off events not less than one week 2178 prior to the scheduled Collection event, but no more than one month prior to the scheduled Collection event. 2179 All textile, carpet, and mattresses Collected through this program shall be Diverted from the landfill, either 2180 through donation to a local non-profit organization or through other means of Diversion. Contractor must 2181 arrange for appropriate disposal of all HHW generated by each event. 2182 15.05 Support in Complying with SB 54. Contractor will, at no cost to the City, provide support to 2183 the City in complying with SB 54. Contractor support may include, but is not limited to, record-keeping, 2184 collection of data, waste stream sampling, and compilation of reports. 2185 15.06 Street Sweeping Service. Upon City’s request and subject to mutual agreement between 2186 City and Contractor regarding the amount and timing of an adjustment to Service Recipient Rates, Contractor 2187 shall provide street sweeping services and/or catch basin cleaning to City in accordance with the terms and 2188 conditions set forth in Exhibit 13, Street Sweeping Service. City and Contractor shall mutually agree on the 2189 date in which to begin performance of such services. 2190 15.07 Household Alkaline Battery Recycling Program. At no additional cost to the City, Contractor 2191 shall collect household alkaline batteries from the City household alkaline battery drop-off locations identified 2192 in Exhibit 12. City staff shall notify Contractor when batteries require collection. Contractor shall collect 2193 batteries from all locations unless directed by City to collect at one or more centralized locations. Contractor 2194 shall deliver batteries to a battery recycler or permitted hazardous waste facility. 2195 Article 16. Collection Routes
2196 16.01 Service Routes. Contractor must provide City with maps and digital mapping data precisely 2197 defining Collection routes, together with the days and the times at which Collection will regularly commence. 2198 16.02 Service Routes Near Schools. Contractor agrees not to schedule Collection service within 2199 500 feet of a school’s roadway frontage and/or driveways during either the school’s daily morning student 2200 arrival window(s) or the school’s daily afternoon student departure window(s). It is the responsibility of 2201 Contractor to determine the schedule of each school site and which Collection service is provided. 2202 16.03 Initial Route Changes. Contractor agrees not to change any Residential Solid Waste 2203 Collection routes in effect as of the Effective Date of this Agreement prior to July 1, 2026, except for limited 2204 route changes that may be necessary for new development and subject to review and approval by the City. 2205 After July 1, 2026, if any re-routing of Residential Solid Waste Collection is necessary for Collection efficiency, 2206 Contractor may submit to City, in writing, proposed route changes (including maps thereof) not less than sixty 2207 (60) calendar days prior to the proposed date of implementation. Any such initial routing change may not 2208 affect more than ten percent (10%) of SFD Service Units in the City and is subject to City review and approval. 2209 16.04 Future Service Route Changes. Contractor must submit to City, in writing, any proposed 2210 route change (including maps thereof) not less than sixty (60) calendar days prior to the proposed date of 2211 implementation. Contractor may not implement any route changes without the prior review and approval of 2212 the Agreement Administrator. If the change will change the Collection day for a Service Recipient, Contractor Agenda Item Number: 3
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2213 must notify those Service Recipients in writing of route changes not less than thirty (30) days before the 2214 proposed date of implementation.
2215 16.05 Collection Route Audits. City reserves the right to conduct audits of Contractor’s Collection 2216 routes. Contractor must cooperate with City in connection therewith, including permitting City employees or 2217 agents designated by the Agreement Administrator to ride in the Collection Vehicles to conduct the audits. 2218 Contractor has no responsibility or liability for the salary, wages, benefits, or worker compensation claims of 2219 any person designated by the Agreement Administrator to conduct such audits. 2220 Article 17. Minimum Performance Standards
2221 17.01 Billing Audit and Performance Reviews.
2222 17.01.1 Contractor Shall Review its Billings to all Customers. The purpose of the review is 2223 to determine that the amount which the Contractor is billing each Customer is correct regarding the level of 2224 service (i.e., frequency of Collection, size of Container, location of Container) at the rates approved by City 2225 Council resolution. The Contractor shall review Customer accounts not less than annually and provide a 2226 written certification to the City that all such billing is correct. The documentation of the review, as well as 2227 verification that any errors have been corrected, should be provided to the City annually. 2228 17.01.2 Billing Audit and Performance Reviews. City may conduct billing audit and 2229 performance reviews (together, “reviews”) of Contractor’s performance during the Term of this Agreement, 2230 as provided herein. City may conduct two (2) full reviews, with payment to City as stated in Section 2231 17.01.2.1.1 below, during the Initial Term of this Agreement. The purpose of these full reviews will be as 2232 described in Section 17.01.2.2 below.
2233 17.01.2.1 Selection and Cost. The reviews will be performed by the City or 2234 a qualified firm under contract with the City. City will have the final responsibility for the selection of the firm. 2235 City may conduct reviews at any time during the Term of the Agreement. Contractor shall pay the City’s 2236 costs for the performance review, up to $85,000 per review. The payment amount shall increase annually 2237 by the CPI Adjustment Calculation in Section 6.05. 2238 17.01.2.2 Purpose. The reviews will be designed to verify: that Customer 2239 billing rates have been properly calculated and correspond to the level of service received by the Customer, 2240 that Contractor is correctly billing for all services provided, that Franchise Fees and other fees required 2241 under this Agreement have been properly calculated and paid to City, that Contractor is in compliance with 2242 the reporting requirements and performance standards of this Agreement, the Diversion percentages 2243 reported by Contractor, and any other provisions of the Agreement. City (or its designated consultant) may 2244 utilize a variety of methods in the execution of this review, including, but not limited to, analysis of relevant 2245 documents, on-site and field observations, and interviews. City (or its designated consultant) will review 2246 and document the items in the Agreement that can be objectively evaluated, including those that require 2247 Contractor to meet specific performance standards, submit information or reports, perform additional 2248 services, or document operating procedures. This information will be documented and be formatted in a 2249 “compliance checklist”, with supporting documentation and findings tracked for each of the identified items.

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2250 The review will specifically include a determination of Contractor’s compliance with the Diversion 2251 requirements of Article 8 and the public outreach and education requirements of Article 20. City (or its 2252 designated consultant) may review the Customer service functions and structure utilized by Contractor. 2253 This may include Contractor’s protocol for addressing Customer complaints and service interruption 2254 procedures. Complaint logs may be reviewed, along with procedures and systems for tracking and 2255 addressing complaints. On-site and field observations by City (or its designated consultant) may include, 2256 but are not necessarily limited to:
2257 a) Interviews and discussions with Contractor’s administration and management 2258 personnel.
2259 b) Review and observation of Contractor’s Customer service functions and structure. 2260 c) Review of public education and outreach materials. 2261 d) Interviews and discussions with Contractor’s financial and accounting personnel. 2262 e) Interviews with route dispatchers, field supervisors, and managers. 2263 f) Interviews with route drivers.
2264 g) Interviews with vehicle maintenance staff and observation of maintenance 2265 practices.
2266 h) Review of on-route Collection Service, including observation of driver 2267 performance and Collection productivity and visual inspection of residential routes 2268 before and after Collection to evaluate cart placement and cleanliness of streets. 2269 17.01.2.3 Contractor’s Cooperation. Contractor shall cooperate fully with the 2270 review and provide all requested data, including operational data, financial data, and other data reasonably 2271 requested by City within fifteen (15) Workdays of the request. Failure to submit data by the due date may 2272 result in assessment of Administrative Charges and Penalties as specified in Exhibit 5. 2273 17.01.3 Additional Billing Audit and Performance Review. In the event that the Billing Audit 2274 and Performance Review concludes that Contractor is not in compliance with all terms and conditions of this 2275 Agreement and such non-compliance is material, Contractor is subject to Administrative Charges and 2276 Penalties as described in Exhibit 5 as well as reimbursement to the City for the full cost of the audit plus any 2277 underpayments discovered during the Audit. Additionally, City may conduct an Additional Billing Audit and 2278 Performance Review, beyond the two (2) specified in Section 17.01.2.1, to ensure that Contractor has cured 2279 any such area of non-compliance. Contractor will be responsible for the cost of any such Additional Billing 2280 Audit and Performance Review for a maximum cost of Eighty-Five Thousand Dollars ($85,000), starting on July 1, 2026, and each January 1st 2281 thereafter. For the purposes of a determination of non-compliance under 2282 this Agreement, Audit findings which result in underpayments of $100,000 or more shall be deemed material. 2283 These payment amounts shall increase annually by the CPI Adjustment Calculation in Section 6.05. 2284 17.01.4 City Requested Program Review. City reserves the right to require Contractor to 2285 periodically conduct reviews of the Garbage, Recyclable Materials, and Organic Waste Collection Service 2286 programs, provided that such reviews are reasonable and can be accomplished at no additional cost to 2287 Contractor and without interfering with Contractor’s operations. Such reviews could assess one or more of 2288 the following performance indicators: average volume of Recyclable Materials per set-out per Customer, 2289 average volume of Organic Waste per set-out per Customer, participation level, contamination levels, etc.

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2290 Prior to the program evaluation review, City and Contractor will meet and discuss the purpose of the review 2291 and agree on the method, scope, and data to be provided by Contractor. Failure of Contractor to submit 2292 requested data or information to City within fifteen (15) Workdays of a request may result in assessment of 2293 Administrative Charges and Penalties as specified in Exhibit 5. 2294 17.02 Cooperation with Other Program Reviews. Contractor shall cooperate with City and/or its 2295 agent(s) as reasonably requested to collect program data, perform field work, conduct route audits to 2296 investigate Customer participation levels and set-out volumes, and/or evaluate and monitor program results 2297 related to Garbage, Recyclable Materials, and Organic Waste Collected in City by Contractor, provided that 2298 such cooperation can be accomplished at no additional cost to Contractor and without interfering with 2299 Contractor’s operations. Failure of Contractor to submit requested data or information to City within fifteen 2300 (15) Workdays of a request may result in assessment of Administrative Charges and Penalties as specified 2301 in Exhibit 5.
2302 Article 18. Collection Equipment
2303 18.01 General Provisions. All equipment used by Contractor in the performance of services under 2304 this Agreement must be of a high quality and meet all Federal, State, and local regulations and air quality 2305 standards, including all applicable provisions of Air Quality Management District. Collection vehicles must be 2306 designed and operated so as to prevent Collected materials from escaping from the vehicles. Hoppers must 2307 be closed on top and on all sides with screening material to prevent Collected materials from leaking, blowing, 2308 or falling from the vehicles. All trucks and Containers must be watertight and must be operated so that liquids 2309 do not spill during Collection or in transit.
2310 18.02 Bulky Waste. Vehicles used for Collection of Bulky Waste may not use Compactor 2311 mechanisms or mechanical handling equipment that may damage reusable goods or release Freon or other 2312 gases from pressurized appliances.
2313 18.03 Collection Vehicles. Contractor must use Collection Vehicles as listed in the schedule 2314 included in Exhibit 4 and may not use any Collection Vehicle that is more than ten (10) years old during the 2315 Term of the Agreement. Contractor shall register all new Collection Vehicles under this Agreement to its 2316 address within the City and shall report all purchases of Collection Vehicles under this Agreement as 2317 attributable to the City for sales tax purposes. Collection Vehicles must utilize low carbon (“alternative”) fuel, 2318 which must be renewable natural gas (RNG), liquefied natural gas (LNG), CNG, or electric unless otherwise 2319 pre-authorized by the City in writing. If, during the Term of the Agreement, new technologies are available 2320 (such as hybrid or electric powered Collection vehicles), the City or the Contractor may request/negotiate 2321 implementation of such new Collection vehicles, with a corresponding change to the Maximum Service Rates 2322 to reflect additional cost or savings. During the Term, to the extent required by law, Contractor shall provide 2323 its Collection Vehicles to be in full compliance with all Applicable Laws, including State and Federal clean air 2324 requirements that are adopted or proposed to be adopted, including, but not limited to, the California Air 2325 Resources Board Heavy Duty Engine Standards as currently proposed to be contained in California Code of 2326 Regulations, Title 13, Sections 2020 et seq., the California Air Resources Board Advanced Clean Fleets 2327 Regulation as outlined in California Code of Regulations, Title 13, Sections 2013 et seq., the Federal EPA’s 2328 Highway Diesel Fuel Sulfur regulations, and all other applicable air pollution control laws.

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2329 18.03.1 Zero Emission Vehicle Technology Transition. City and Contractor shall proactively 2330 take such steps as are necessary to plan for, and upon City direction execute, transition of the Contractor’s 2331 Collection Vehicles to reliance on electricity or other zero emission technologies as a fuel source. Contractor 2332 shall report to the City no less than annually on the status of the transition. The City and Contractor shall, no 2333 less than annually, confer on the degree to which it is technologically and economically feasible to transition 2334 some or all Collection Vehicles to electricity or other zero emission technology. In determining whether it is 2335 economically feasible to transition Collection Vehicles per this Section, the City and Contractor shall review 2336 and evaluate Contractor’s current and historical finances and profitability. Upon a determination by the City 2337 that it is technologically and economically feasible to transition some or all Collection Vehicles to electricity 2338 or other zero emissions technology, Contractor shall proceed to purchase and operate such vehicles on a 2339 schedule mutually agreed to by Contractor and City, and subject to agreement regarding changes in 2340 Contractor’s Compensation that are reasonable and necessary for the transition. Contractor shall be entitled 2341 to a change in Contractor’s Compensation for construction of an electric charging or other fueling station, 2342 subject to the mutual agreement of the City and Contractor and approval of the City Council. Contractor will 2343 coordinate with the City in finding or constructing a suitable charging or other fueling station for Contractor’s 2344 electric or other zero emission Collection Vehicles. 2345 18.04 Collection Vehicle On-Board Technology. Contractor must use Collection Vehicles fitted 2346 with GPS tracking devices that can be used to record start and stop times, vehicle locations, and maximum 2347 speed. Contractor shall furnish to the City, at no additional cost or expense, any software and equipment 2348 necessary for City to track the location of Collection Vehicles in real time and to generate reports as needed. 2349 Collection Vehicles must also be fitted with cameras that are programmed to take photos, date and location 2350 stamped, to document violations, including contamination, overfilling, and lids not closed. GPS and camera 2351 data must be made available to City upon request. Failure of Contractor to make data or information available 2352 to City within fifteen (15) Workdays of a request may result in assessment of Administrative Charges and 2353 Penalties as specified in Exhibit 5.
2354 18.05 Collection Vehicle Size Limitations / Overweight Vehicle Charge. Contractor may not use 2355 any Collection Vehicle in violation of weight limitations in Applicable Law, including any weight limitation 2356 placed on any public roadway or alley as adopted and posted by City. The Contractor may exceed the 2357 Collection Vehicle size limitation for a limited time due to extraordinary circumstances or conditions with the 2358 prior written consent of the Agreement Administrator. The limited time may not exceed 120 days. Contractor 2359 must report all instances of overweight vehicles to City as part of its quarterly reporting described in Section 2360 22.04, and as part of its Annual Reports to the City described in Section 22.05. Contractor may be assessed 2361 Administrative Charges and Penalties as specified in Exhibit 5 as a result of exceeding an overweight vehicle 2362 rate of five percent (5.00%) in any Calendar Year during the Term of the Agreement. The overweight vehicle 2363 rate will be calculated as the total number of overweight Collection Vehicle instances during the Calendar 2364 Year divided by the total number of Collection Vehicle loads transported during the Calendar Year. Prior to 2365 collecting Administrative Charges and Penalties for overweight vehicles, the City shall afford Contractor a 2366 reasonable opportunity to provide the Agreement Administrator with documentation of the extraordinary 2367 circumstance that caused the overweight vehicles. Extraordinary circumstances in this case may include, but 2368 are not limited to, heavy rains or high winds that caused excess Green Waste to be generated, rain to 2369 accumulate in open Collection Containers, or normal Collection routes to be delayed or shortened due to Agenda Item Number: 3
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2370 extreme weather conditions. The Agreement Administrator shall have authority to consider Contractor’s 2371 documentation and uphold and collect the assessed charge, to reduce the charge, or to waive and dismiss 2372 the charge. The Agreement Administrator shall also have the authority to waive charges in advance of an 2373 anticipated, or in response to an actual, emergency event. 2374 18.06 Registration; Inspection. All vehicles used by Contractor in providing Solid Waste 2375 Collection under this Agreement, except those vehicles used solely on Contractor’s Premises, are to be 2376 registered with the California Department of Motor Vehicles. In addition, each such vehicle must be inspected 2377 by the California Highway Patrol in accordance with Applicable Law. Within two (2) Workdays of a request 2378 from the Agreement Administrator, Contractor must provide City a copy of its vehicle maintenance log and 2379 any safety compliance report, including, but not limited to, any report issued under California Vehicle Code 2380 Sections 34500 and following, as well as the biennial “BIT” inspections conducted by the California Highway 2381 Patrol.
2382 18.07 Safety Markings. All Collection equipment used by Contractor must have appropriate safety 2383 markings including, but not limited to, highway lighting, flashing, and warning lights, clearance lights, and 2384 warning flags. All such safety markings must be in accordance with the requirements of the California Vehicle 2385 Code, as may be amended from time to time.
2386 18.08 Vehicle Signage and Painting. Collection Vehicles must be painted and numbered without 2387 repetition and must have Contractor's name, Contractor’s customer service telephone number, and the 2388 number of the vehicle painted in letters of contrasting color, at least four (4) inches high, on each side and 2389 the rear of each vehicle. No advertising is permitted other than the name of Contractor, its logo, and its 2390 registered service marks, except for promotional advertisement of the Recyclable Materials and Organic 2391 Waste programs, which is encouraged. City is to approve any promotional material of the Recyclable 2392 Materials and Organic Waste affixed to or painted on Contractor’s Collection Vehicles and may require such 2393 promotion to be utilized from time to time to encourage correct Recycling, reduce contamination, and provide 2394 relevant education. Contractor must repaint all vehicles (including vehicles striping) during the Term of this 2395 Agreement on a frequency as necessary to maintain a positive public image, as reasonably determined by 2396 the Agreement Administrator, but not less often than once every five years. 2397 18.09 Bin and Roll-off Container Signage, Painting, and Cleaning. All metal Bins and Roll-off 2398 Containers of any service type furnished by Contractor must be either painted or galvanized, in compliance 2399 with all applicable color specifications as set forth by CalRecycle. All metal or plastic bins and Roll-off 2400 Containers must display Contractor’s name, Contractor’s customer service telephone number, and the 2401 number of the Bin or Roll-off Container and must be kept in a clean and sanitary condition. Bins must also 2402 have labels that comply with Section 20.10 of this Agreement. Bins and Roll-off Containers should be free of 2403 dents and graffiti and newly painted at the start of this Agreement and painted as needed to maintain an 2404 orderly appearance throughout the Term of the Agreement, but not less frequently than once every three 2405 years. Bins and Roll-off Containers may be subject to periodic, unscheduled inspections by City, and 2406 determination as to sanitary condition will be made by City. 2407 18.10 Vehicle Certification. For each Collection Vehicle used in the performance of services 2408 under this Agreement, Contractor must obtain a certificate of compliance (smog check) issued pursuant to Agenda Item Number: 3
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2409 Part 5 of Division 26 of the California Health and Safety Code (Section 43000 and following) and regulations 2410 promulgated thereunder, and/or a safety compliance report issued pursuant to Division 14.8 of the California 2411 Vehicle Code (Section 34500 and following) and the regulations promulgated thereunder, as applicable to 2412 the vehicle. Contractor must maintain copies of such certificates and reports and must make such certificates 2413 and reports available for inspection upon request by the Agreement Administrator. 2414 18.10.1 By July 1, 2025, Contractor must submit to the Agreement Administrator verification 2415 that each of the Contractor’s Collection Vehicles has passed the California Heavy Duty Vehicle Inspection. 2416 Thereafter, Contractor must cause each vehicle in Contractor’s Collection fleet to be tested annually in the 2417 California Heavy Duty Inspection Program and must, upon request, submit written verification to City within 2418 ten (10) Workdays of the completion of such test. Contractor may not use any vehicle that does not pass 2419 such inspection.
2420 18.11 Equipment Maintenance. Contractor must always maintain Collection equipment in a clean 2421 condition and in good repair. All parts and systems of the Collection equipment must operate properly and be 2422 maintained in a condition satisfactory to City. Contractor must wash all Collection Vehicles at least once a 2423 week.
2424 18.12 Maintenance Log. Contractor must maintain a maintenance log for all Collection Vehicles. 2425 The log must always be accessible to City by physical inspection upon request of Agreement Administrator, 2426 and must show, at a minimum, each vehicle’s Contractor-assigned identification number, date purchased or 2427 initially leased, dates of performance of routine maintenance, dates of performance of any additional 2428 maintenance, and description of additional maintenance performed. 2429 18.13 Equipment Inventory. On or before July 1, 2025, Contractor shall provide to City an 2430 inventory of Collection Vehicles and major equipment used by Contractor for Collection or transportation and 2431 performance of services under this Agreement. The inventory must indicate each Collection Vehicle by 2432 Contractor-assigned identification number, DMV license number, the age of the chassis and body, the type 2433 of fuel used, the type and capacity of each vehicle, the number of vehicles by type, the date of acquisition, 2434 the decibel rating, and the maintenance and rebuild status. Contractor must submit an updated inventory, 2435 either via email or via electronic document sharing site (e.g., Dropbox), to the Agreement Administrator, either 2436 annually or more often, at the request of the Agreement Administrator. Each inventory must also include the 2437 tare weight of each vehicle as determined by weighing at a certified scale used by Contractor. Each vehicle 2438 inventory must be accompanied by a certification signed by Contractor that all Collection Vehicles meet the 2439 requirements of this Agreement.
2440 18.14 Reserve Equipment. Contractor shall have available to it, at all times, reserve Collection 2441 equipment which can be put into service and operation within one (1) hour of any breakdown. Such reserve 2442 equipment must correspond in size and capacity to the equipment used by the Contractor to perform the 2443 contractual duties.
2444 18.15 RNG Fuel Procurement Credits. Contractor agrees to coordinate and cooperate with the 2445 City to meet its Recovered Organic Waste Product procurement target, as defined in, and required by 2446 Applicable Law. In support of that objective, the City will receive any applicable SB 1383 Recovered Organic Agenda Item Number: 3
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2447 Waste Product procurement credits for all RNG used by the Contractor to power Contractor’s Collection 2448 vehicles as allowed by the Applicable Law and within the time provided therein. 2449 Article 19. Contractor’s Office
2450 19.01 Contractor’s Office. Contractor shall maintain an office within the municipal limits of the 2451 City, or at the nearest possible location that is agreed to by the City, that is accessible to persons with 2452 disabilities as required by the Americans with Disabilities Act (ADA). Service Recipients shall be permitted to 2453 make payments in person at this office. Such office must be equipped with enough telephones so that all 2454 Collection Service-related calls received during normal business hours are answered by an employee within 2455 five (5) rings. The office must have responsible persons in charge during Collection hours, and must be open 2456 during normal business hours (8:00 a.m. to 5:00 p.m. on Monday through Friday). Contractor must provide 2457 either a local or toll-free telephone number that connects to the call center described in Section 19.02, and a 2458 telephone answering service or mechanical device to receive Service Recipient inquiries during those times 2459 when the office is closed. Calls received after normal business hours must be addressed the next Workday 2460 morning.
2461 19.02 Customer Service Call Center. Contractor must maintain a Customer Service call center 2462 within the United States. Such office must be equipped with enough telephones that all customer service2463 related calls are answered by an employee within five (5) rings if they are received during normal business 2464 hours (8:00 a.m. to 5:00 p.m. on Monday through Friday) or on Saturday during Collection Service hours. 2465 19.03 Emergency Contact. Contractor must provide the Agreement Administrator with an 2466 emergency phone number where the Contractor can be reached outside of the required office hours. 2467 19.04 Multilingual/Telecommunications Device for the Deaf (TDD) Service. Contractor must 2468 always maintain the capability of responding to telephone calls in English, Spanish, and such other languages 2469 as City may direct. Contractor must always maintain the capability of responding to telephone calls through 2470 TDD Services.
2471 19.05 Service Recipient Calls. During office hours, Contractor must maintain a telephone 2472 answering system capable of accepting at least five (5) incoming calls at one time. Contractor must record all 2473 calls, including any inquiries, service requests, or complaints, into a customer service log. 2474 19.05.1 All incoming calls will be answered at the local office or call center within 5 rings. 2475 Any call “on-hold” more than 1.5 minutes must have the option to remain “on-hold” or request a “call-back” 2476 from a customer service representative. Contractor’s customer service representatives must return Service 2477 Recipient calls. For all messages left before 3:00 p.m., all “call backs” must be attempted a minimum of one 2478 time prior to 5:00 p.m. on the day of the call. For messages left after 3:00 p.m., all “call backs” must be 2479 attempted a minimum of one time prior to noon the next Workday. Contractor must make minimum of three 2480 (3) attempts within one (1) Workday of the receipt of the call. If Contractor is unable to reach the Service 2481 Recipient on the next Workday, Contractor must send a postcard, email, or text, as indicated by the Service 2482 Recipient, to the Service Recipient on the second Workday after the call was received, indicating that the 2483 Contractor has attempted to return the call.

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2484 Article 20. Contractor Support Services
2485 20.01 Sustainability/Compliance Representative. Contractor will hire staff, including at least one 2486 Sustainability/Compliance Representative at fifty percent (50%) of full-time equivalent, as of the 2487 Commencement Date, to conduct site visits and provide outreach and education in support of meeting City 2488 and CalRecycle Diversion requirements and to meet State mandates associated with Applicable Law and all 2489 amendments and related subsequent legislation. The Sustainability/Compliance Representative(s) shall be 2490 available as needed to meet with the City and conduct site visits to implement Recyclable Materials and 2491 Organic Waste programs in the Service Area at least four days a week throughout the year. City may request 2492 monthly meetings with Contractor to discuss problems or issues such as Collection or Recycling programs, 2493 Billing or Service Recipient service issues, and day-to-day operations. 2494 20.02 Sustainability and Compliance Plan. Contractor, at its own expense, must prepare, submit, 2495 and implement an annual (Calendar Year) Sustainability and Compliance Plan (“Plan”), which will guide 2496 Contractor’s staff’s work efforts. This Plan will include measures to meet Diversion targets, increase 2497 Diversion, and increase participation of Service Recipients in Recyclable Materials and Organic Waste 2498 Diversion programs, and should target certain Recyclable Materials or “problem” areas, including Recyclable 2499 Materials and Organic Waste sorting and contamination, within Contractor’s Service Area where 2500 improvements can be maximized. Planned outreach and education services and outreach materials should 2501 be included as part of the Plan and updated annually, and new outreach materials shall not be circulated to 2502 the public without City review and approval. Targets of outreach shall be based on local trends and Recycling 2503 patterns from data obtained by both the City and Contractor. Contractor will maintain current and state-of2504 the-art public outreach and education services throughout the Term of this Agreement by providing outreach 2505 materials to Service Recipients electronically (via email and social media). Contractor must submit first year 2506 draft Plan to the City prior to the Commencement Date and by July 1st each year thereafter for the Term of 2507 the Agreement. City shall review and provide revisions to draft Plan within thirty (30) days of receipt. City shall 2508 review, provide comments, approve all education, and outreach materials. Contractor must revise and submit 2509 final Plan to City by March 1, 2026, for the first year and then each year thereafter for the Term of the 2510 Agreement. Contractor’s Plan is provided in Exhibit 9. 2511 20.02.1 Approach to Meeting City’s Diversion Requirements. Contractor must document 2512 approach to meeting City’s Diversion requirements by specific Diversion program type (SFD, MFD, 2513 Commercial, Recyclable Material, Organic Waste, Bulky Waste, etc.) and must be tied to both specific and 2514 public education programs. This must include an implementation schedule showing the specific programs 2515 and tasks, milestones, and timeframes for meeting the Diversion requirements. 2516 20.02.2 Environmental Stewardship. Contractor must describe all environmental 2517 management policies and activities related to the Solid Waste Collection service, including the use of 2518 Alternative Fuel Vehicles, reduction of air emissions and wear and tear on the City’s streets, use of recycled 2519 products throughout operations, internal waste reduction and reuse protocol, water and resource 2520 conservation activities within facilities (design, construction and operation), compliance with laws governing 2521 E-Waste, HHW, and U-Waste, and use of non-toxic products when possible.

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2522 20.02.3 Outreach Regarding Recyclability of Materials. Contractor shall create and maintain 2523 at minimum one (1) piece of educational material that addresses:
2524 (a) The foundational role that commodities markets and transportation costs play in current 2525 Recycling systems.
2526 (b) The importance of keeping recyclables empty, clean, and dry. 2527 (c) A list of materials that are likely to be recycled if placed in City Recyclable Materials 2528 Containers.
2529 Contractor shall also create and maintain at minimum one (1) piece of educational material that addresses:
2530 (a) The Organic Waste stream standards of the local transfer and processing facilities that 2531 receive City Organic Waste.
2532 (b) The related importance of keeping prohibited materials out of the City’s Organic Waste 2533 stream.
2534 (c) The potential end uses of Compost depending on the material’s quality and levels of 2535 contamination.
2536 Contractor shall distribute these educational materials annually to all Service Units/Customers, including all 2537 MFD residents, provided that City provides Contractor with a list of contact information for these residents. 2538 20.03 School Education and Outreach. Contractor shall develop and utilize a program to educate 2539 on proper Recycling that offers tools to assist with proper Recycling for all ages. Educational information 2540 should include brochures, school resources such as Recycling curriculums, children’s activity flyers, posters, 2541 myth busters, and Recycling art activities. Contractor shall develop and distribute educational material and 2542 conduct onsite outreach annually to all school campuses in the Service Area. Materials must be approved by 2543 City before distribution. Examples include Recyclable Materials list, Recycling tips, battery and bulb 2544 education, Food Waste Collection, and donation, and HHW education. Educational material shall be distributed to campuses by mail and/or in person on or before September 30th 2545 annually, and site visits must be completed by November 30th 2546 annually.
2547 20.04 Compliance Notices. Contractor shall send SB 1383, AB 341, and AB 1826 compliance 2548 notices quarterly to all eligible Commercial entities and MFDs that do not subscribe to Organic Waste and/or 2549 Recyclable Materials Collection Service with the Contractor and/or do not provide an alternate method for 2550 Diverting Organic Waste, in conformance with Applicable Law. These notices shall also notify businesses of 2551 requirements under AB 827. Contractor shall mail notifications quarterly on or before the last day of the month 2552 following the end of the quarter.
2553 20.05 Technical Assistance.
2554 20.05.1 Site Visits. Contractor shall provide comprehensive Recycling technical assistance 2555 to MFD and Commercial Customers with the primary purpose of helping Customers increase Recyclable Agenda Item Number: 3
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2556 Materials and Organic Waste Collection services and reducing Solid Waste Collection service. MFD and 2557 Commercial Customers may contact Contractor to request one of these on-site assessments. In the absence 2558 of requests from Customers, Contractor shall devise a plan to visit all MFD and Commercial Premises on a 2559 regular rotating schedule. The technical assistance services shall conform with the following performance 2560 expectations per month:

Task Minimum Number of related actions taken
Phone Calls 20
In-Person Site Visits (i.e., Customer contact) 40
2561 Site visits shall include on-site assessments of the MFD and Commercial Premises to improve Recyclable 2562 Materials and Organic Waste Collection program participation and provide recommendations to Customers 2563 on how to improve overall resource efficiency. During the site visits, Contractor will be required to provide 2564 and/or restock posters, “how to” guides, personal Recyclable Materials baskets/bags for MFD tenants, and 2565 any other appropriate materials, and to provide new signage for the Recyclable Materials and Organic 2566 Waste Containers if necessary. This program shall also involve preparation and presentation of reports to 2567 the City on the Contractor’s efforts and results of the technical assistance efforts. 2568 20.05.2 Compliance Reviews.
2569 20.05.2.1 General Requirement. At least once annually, beginning in 2025, 2570 Contractor shall review the records of its Commercial and MFD Customers in City that are subscribed for 2571 at least two (2) cubic yards per week of combined Solid Waste, Organic Materials, and Recyclables service, 2572 to determine whether such Customers are subscribed for Organic Materials Collection service or have an 2573 applicable waiver. Contractor shall include the results of each Compliance Review in its next regularly 2574 scheduled report to City.
2575 20.05.2.2 Site Visit Requirement for Non-Compliance. Contractor shall 2576 conduct a site visit to each Commercial and MFD Customer in City that is determined to (a) not be enrolled 2577 in 3-Container Collection service, and (b) not be eligible for a waiver based on the City determination. 2578 Contractor shall conduct in-person site visits (i.e., direct Customer contact) to provide educational material 2579 about the law’s requirements to Commercial and MFD Customers at least once every three (3) years. 2580 20.05.2.3 Site Visit Requirement for All Customers. All Commercial and 2581 MFD Customers in the City shall receive a site visit from Contractor to affirm proper sorting procedures and 2582 sizing of Containers at least once every five (5) years. 2583 20.06 Education and Outreach Materials. Contractor must implement public education and 2584 outreach in conformance with Applicable Law and in coordination with City. Contractor shall attend public 2585 events and host booths to promote Recycling education and awareness. Contractor will work with City to 2586 identify which special events will be attended. Contractor, together with City, shall work with local media to 2587 ensure information on new programs, events, Recyclable Materials, Organic Waste, etc., is communicated to 2588 the community. Contractor shall use a variety of options, such as local paper, news, websites, and social 2589 media, as well as in-person visits to Homeowners Associations, schools, and civic groups, to distribute Agenda Item Number: 3
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2590 information and education about City Solid Waste and Recyclable Materials programs and events. In terms 2591 of social media and websites, Contractor shall make their best effort to share information through platforms 2592 that are commonly used and culturally relevant, including platforms that are known to reach younger 2593 populations. City may direct some or all educational and outreach materials to also be produced in Spanish 2594 or other languages to be determined.
2595 20.06.1 Newsletters. Contractor shall distribute educational material to Service Recipients 2596 a minimum of twice per year by mail or electronically. These materials should include tips on Recycling 2597 properly, use of Organic Waste Containers, Composting, battery and electronics education, prevention of 2598 contamination issues, proper Collection Container placement, resource information, and HHW education. 2599 Contractor shall also distribute these same educational materials to all MFD residents, provided that City 2600 provides Contractor with a list of contact information for these residents. 2601 20.06.2 Available Services Notice and Information. At least annually, Contractor must 2602 publish and distribute (by mail or electronically) a notice to all Service Units regarding the full range of 2603 services offered. The notice must be provided in English and Spanish and must be distributed by Contractor 2604 no later than February 1st of each year. The notice must contain, at a minimum: (i) definitions of the materials 2605 to be Collected; (ii) procedures for setting out materials; (iii) the days when Garbage, Recyclable Materials, 2606 and Organic Waste Service will be provided; (iv) Contractor’s local customer service phone number; (v) 2607 instructions on the proper filling of Containers; (vi) instructions as to what materials may or may not be placed 2608 in Recyclable Materials or Organic Waste Containers; (vii) how to select Container sizes to maximize 2609 Diversion; (viii) information about participation in Recyclable Materials and Organic Waste programs; (ix) the 2610 fees for Overage and Contamination in the event of non-compliance; (x) the availability of on-premises 2611 Collection Service, including the availability of no-charge on-premises Solid Waste Collection for qualified 2612 persons; (xi) the availability of Bulky Waste Service; (xii) the availability of the used motor oil Collection 2613 program; (xiii) the availability of the holiday tree collection program; and (xiv) the availability of the household 2614 alkaline battery drop-off program.
2615 20.06.3 New Customer Start-Up Packet. Contractor shall distribute (by mail or 2616 electronically) all programmatic information enumerated in Sections 20.02.3 and 20.06.3 to all new 2617 Customers within ten (10) days from the start of service. 2618 20.06.4 Contractor shall provide the following to all its Customers, including all MFD 2619 residents, under the Agreement annually, provided that City provides Contractor with a list of contact 2620 information for these residents.
2621 (i) Information on the Customer’s requirements to properly separate materials in 2622 appropriate Containers.
2623 (ii) Information on methods for: the prevention of Organic Materials generation, Recycling 2624 Organic Materials on-site, sending Organic Materials to community Composting, and 2625 any other local requirements regarding Organic Materials.

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2626 (iii) Information regarding the methane reduction benefits of reducing the landfill Disposal 2627 of Organic Materials, and the methods of Organic Materials recovery contemplated by 2628 the Agreement.
2629 (iv) Information regarding how to recover Organic Materials. 2630 (v) Information related to the public health and safety and environmental impacts 2631 associated with the landfill Disposal of Organic Materials. 2632 (vi) The above information will be provided, at a minimum, through print and/or electronic 2633 media, and may also be provided through workshops, meetings, and/or on-site visits. 2634 All information that SB 1383 requires the City to distribute shall be posted on 2635 Contractor’s website.
2636 (vii) Contractor shall provide an educational webpage which includes downloadable copies 2637 of all the materials described in this Section.
2638 20.06.5 City-Specific Website. Contractor shall maintain a City-specific website that fully 2639 explains the Contractor’s current services and rates and the Diversion options available, and that allows 2640 Service Recipients to submit service changes, inquiries, complaints, or queries. The website must describe 2641 and promote the use of the available Recyclable Materials and Organic Waste services. Contractor’s local 2642 website must provide information specific to the City’s programs. Contractor will ensure that information 2643 provided on the website is maintained and up to date. Content will include proper Container set out 2644 instructions, educational materials, newsletters, and program descriptions. Website content shall be in 2645 English with translations into Spanish and/or other languages to be determined. 2646 20.06.6 Recycling Resources. Contractor shall maintain accurate list of Recyclable 2647 Materials on its website and promote proper Recycling to all Service Recipients. Contractor shall consult, 2648 collaborate, and coordinate its Recycling outreach and educational materials and activities with the City and 2649 incorporate the City’s input on the Contractor’s Recycling resources and programs. 2650 20.07 Waiver Outreach, Applications, and Evaluation. 2651 20.07.1 Waiver Outreach. Contractor shall notify all of its commercial accounts of the 2652 availability of waivers and how to obtain and file a waiver periodically, or at least every five (5) years. 2653 20.07.2 Waiver Applications and Evaluation. In the event that such a service is no longer 2654 provided by the Sonoma County Waste Management Agency, and subject to the terms and conditions of 2655 Section 30.01, Contractor shall be responsible for the distribution, collection, and evaluation of waiver 2656 applications as appropriate, and shall provide the City a recommendation to accept or deny waiver requests 2657 in accordance with SB 1383. Contractor shall develop waiver application forms and shall provide them to 2658 City for City approval prior to use. Contractor shall evaluate requests for exemption or waiver from the Act’s 2659 requirements on the basis of physical space or de minimis generation and provide the City periodic 2660 recommendations and supporting documentation to deny or approve waivers, including a site visit and re2661 evaluation at least every five (5) years as required by the SB 1383 Regulations.

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2662 20.08 News Media Relations. Contractor will work with local media to ensure information is 2663 communicated to community (new programs, events, Recycling information, etc.). Contractor to use options 2664 such as local Newspaper, Radio/TV News outlets, Websites, and Social Media. Contractor will notify the 2665 Agreement Administrator by email or phone of all requests for news media interviews related to the services 2666 covered under this Collection Agreement within one (1) Workday of Contractor’s receipt of the request. When 2667 practicable, before responding to any inquiries involving controversial issues or any issues likely to affect 2668 participation or Customer’s perception of services, Contractor will discuss Contractor’s proposed response 2669 with the City Agreement Administrator.
2670 20.09 News Media Requests. Contractor will notify the Agreement Administrator by email or 2671 phone of all requests for news media interviews related to the services covered under this Agreement within 2672 one (1) Workday of Contractor’s receipt of the request. When practicable, before responding to any inquiries 2673 involving controversial issues or any issues likely to affect participation or Service Recipient’s perception of 2674 services, Contractor will discuss Contractor’s proposed response with the Agreement Administrator. 2675 20.09.1 Copies of draft news releases or proposed trade journal articles that use the name 2676 of City or relate to the services provided hereunder must be submitted to the Agreement Administrator for 2677 prior review and approval at least five (5) working days in advance of release, except where Contractor is 2678 required by any Applicable Law to submit materials to any regulatory agency in a shorter period of time, in 2679 which case Contractor must submit such materials to City simultaneously with Contractor’s submittal to such 2680 regulatory agency.
2681 20.09.2 Copies of articles resulting from media interviews or news releases that use the 2682 name of City or relate to the services provided hereunder must be provided to the City within five (5) days 2683 after publication.
2684 20.10 Acceptable Materials Labeling. Contractor must affix to each Recyclable Materials and 2685 Organic Waste Collection Container a sticker that is compliant with SB 1383 labeling requirements and 2686 approved by the City. Each sticker shall clearly list Acceptable materials to be placed in the corresponding 2687 Container, and each sticker shall also include a QR code that links to the Recycling education landing page 2688 within the Contractor’s City-specific website for the City. Stickers must be replaced annually and include any 2689 updates in the list of Acceptable materials (Exhibit 11). 2690 20.11 Edible Food Recovery Support. In the event that such a service is no longer provided by 2691 the Sonoma County Waste Management Agency, and subject to the terms and conditions of Section 30.01, 2692 Contractor shall annually provide City with a list of Tier One and Tier Two Commercial Edible Food Generators 2693 located in the City. Upon request from Contractor, City shall use reasonable efforts without incurring 2694 significant additional costs to cooperate and consider methods for collecting information from Customers and 2695 sharing such information with Contractor in an effort to assist Contractor with identifying the Tier One and 2696 Tier Two commercial Edible Food generators within the City. 2697 20.12 Programs and Services. Contractor must provide additional educational and outreach 2698 services and programs as requested by City at a price to be mutually agreed upon between the Contractor 2699 and the Agreement Administrator. In the event Contractor and the Agreement Administrator cannot reach a Agenda Item Number: 3
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2700 mutually agreed upon price for the requested service or program, City has the right to procure the service of 2701 other vendors or contractors to provide the requested service. 2702 20.13 Operations Plans. Contractor must adhere to the Transition Plan included as Exhibit 4, 2703 Customer Service Plan included as Exhibit 6, and Collection Service Operations Plan included as Exhibit 7, 2704 the three of which present the specific Collection programs that will be implemented in the City. 2705 20.14 Route Audits/Route Reviews.
2706 20.14.1 General Requirement. At least once annually, beginning in 2025, Contractor or its 2707 approved designee shall conduct a Route Review for each Hauler Route. The number of Containers to 2708 review per Hauler Route shall be calculated on the basis of the number of Garbage accounts provided 2709 service by a specific Hauler Route for one week. For example, “Route A” collects Garbage from 250 2710 accounts, 4 days per week, for a total of 1,000 accounts per week; include a minimum of 25 accounts for 2711 Route Review of “Route A”. For each Route Review of a Hauler Route, Contractor shall inspect at least the 2712 following minimum number of Containers but may inspect more if Contractor deems necessary; and shall 2713 inspect all Containers placed for Collection (including Recyclable Materials Containers, Organic Waste 2714 Containers, and Garbage Containers). Each inspection shall involve lifting the Container lid and observing 2715 the contents but shall not require Contractor to disturb the contents or open any bags. Contractor may select 2716 the Containers to be inspected at random, or (if mutually agreed with City) by any other method not prohibited 2717 under the SB 1383 Regulations. For the avoidance of doubt, Contractor shall not be required to annually 2718 inspect every Container on a Hauler Route. Contractor shall include the results of each Route Review in its 2719 next regularly scheduled report to City.
2720
Route Size (# garbage accounts /
week)
Minimum Number of Accounts
Fewer than 1,500 25
1,500-3,999 30
4,000-6,999 35
7,000 or more 40
2721 20.14.2 Notice of Contamination. Contamination noticing will follow the procedures 2722 described in Section 5.07.
2723 Article 21. Emergency Service
2724 21.01 Revised Services During an Emergency. In the event of a major storm, earthquake, fire, 2725 flood, tornado, other natural or man-made disaster, or other such emergency event (collectively “Emergency 2726 Event), Contractor will continue to provide Solid Waste Collection to the maximum extent practicable, and in 2727 accordance with FEMA’s Public Assistance Debris Management Guide (FEMA-325). The Agreement 2728 Administrator may grant the Contractor a variance from regular routes and schedules, which will not be 2729 withheld unreasonably. As soon as practicable after such Emergency Event, Contractor must advise the 2730 Agreement Administrator when it is anticipated that normal routes and schedules can be resumed. The Agenda Item Number: 3
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2731 Agreement Administrator will try through the local news media to inform the public when regular services may 2732 be resumed. The clean-up from some Emergency Events may require that Contractor hire additional 2733 equipment, employ additional personnel, or work existing personnel on overtime hours to clean debris 2734 resulting from the event. If Contractor secures written authorization and approval from City through the 2735 Agreement Administrator, Contractor will receive additional compensation above the normal compensation 2736 contained in this Agreement to cover the costs of rental equipment, additional personnel, overtime hours, and 2737 other documented expenses based on the rates set forth in Exhibit 1. City will be given equal priority and 2738 access to resources as with other franchise jurisdictions held by Contractor or its affiliates. 2739 21.02 Emergency Event Planning. Within sixty (60) days from a request by City, Contractor shall 2740 prepare a draft Emergency Event plan that sets forth procedures for maintaining regular Collection service 2741 and Collection of debris following an Emergency Event and provide a framework for how the City will respond, 2742 clear, remove, and dispose of debris generated during a disaster. The Emergency Event plan shall address 2743 arrangements to provide needed vehicles and personnel, priorities for clean-up at critical facilities, and 2744 procedures for reimbursement for costs; it shall also describe communication plans, list key contact persons, 2745 and provide maps showing proposed sites for stockpiling of disaster debris that cannot be transported to the 2746 landfill. Contractor shall coordinate the plan with City’s Public Works Department. The draft plan shall be 2747 presented to the City Manager for consideration and approval. The final plan shall be distributed to those 2748 employees of Contractor and City who would have a role in implementing upon the occurrence of an 2749 Emergency Event.
2750 21.03 Emergency Event Recovery Support. In the event of an Emergency Event, Contractor 2751 agrees to provide recovery support upon request by Agreement Administrator. This may include additional 2752 hauling of debris, special handling such as wrapping waste in plastic (i.e., “burrito wrapping”), temporary 2753 storage of debris where feasible, additional disposal, use of different transfer and disposal facilities, and 2754 documentation of debris type, weight, and Diversion. Contractor should follow protocol laid out in the County’s 2755 Operational Area Mass Debris Management Plan (Annex to the Operational Area Emergency Response Plan) 2756 and any subsequent County or City Disaster Debris Plans, as applied to Solid Waste hauling and handling. 2757 Article 22. Record Keeping, Reporting Requirements, & Record Requests 2758 22.01 Record Keeping.
2759 22.01.1 Accounting Records. Contractor shall keep and preserve full, complete, accurate, 2760 and separate financial, statistical, and accounting records pertaining to cash, billing, and provisions of all 2761 Collection Service, prepared on an accrual basis in accordance with generally accepted accounting 2762 principles. Such records will be subject to audit, copy, and inspection for the purposes set forth in Section 2763 17.01. Gross Revenues derived from provision of the Collection Service, whether such services are 2764 performed by Contractor or by a subcontractor or subcontractors, will be recorded as revenues in the 2765 accounts of Contractor. The Contractor shall keep and preserve, during the Term of this Agreement, and for 2766 a period of not less than four (4) years following expiration or other termination hereof, full, complete, and 2767 accurate records, including all cash, billing, and disposal records, as indicated in the Agreement.

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2768 22.01.1.1 City reserves the right to request audited, reviewed, or compiled 2769 financial statements prepared by an independent Certified Public Accountant, including any associated 2770 footnotes, or as may be provided by Contractor or its parent company. In the event that Contractor does 2771 not maintain separate financial or accounting records prepared specifically for services provided under this 2772 Agreement, Contractor may use industry standard allocation methods to provide financial information as 2773 applicable to the service provided under this Agreement. Failure of Contractor to provide requested financial 2774 statements to City within fifteen (15) Workdays of a request may result in assessment of Administrative 2775 Charges and Penalties as specified in Exhibit 5.
2776 22.01.2 Agreement Materials Records. Contractor must maintain records of the quantities 2777 of (i) Residential, MFD, and Commercial Solid Waste Collected and Disposed under the terms of this 2778 Agreement, (ii) Recyclable Materials, by type, Collected, purchased, processed, sold, donated, or given for 2779 no compensation under the terms of this Agreement, and (iii) Organic Waste by type, Collected, purchased, 2780 processed, sold, donated, or given for no compensation under the terms of this Agreement. Records must 2781 be provided to City as specified in Article 20, and upon additional request. 2782 22.01.3 Other Records. Contractor must maintain all other records reasonably related to 2783 provision of Collection Service, whether or not specified in this Agreement, and provide them upon City 2784 request. Failure of Contractor to submit requested records to City within fifteen (15) Workdays of a request 2785 may result in assessment of Administrative Charges and Penalties as specified in Exhibit 5. 2786 22.01.4 Failure to Report. The refusal of Contractor to file any of the reports required in the 2787 timelines required, or the inclusion of any materially false or misleading statement or representation made 2788 knowingly by Contractor in such report, shall be deemed a material breach of this Agreement and shall 2789 subject Contractor to all remedies, legal or equitable, which are available to City under this Agreement or 2790 otherwise.
2791 22.01.5 Report Format. All reports are to be submitted in a form and format approved by the 2792 City, including electronic data submission.
2793 22.02 Data-Sharing / Online Waste Reporting System. Contractor shall, at no additional cost to 2794 the City, provide data regarding outreach, customer service, site visits, service levels, weight and volumes by 2795 waste stream, and other compliance and reporting information in a form and format approved by the City. 2796 This may include, if requested by City, procurement of software to use as an Online Waste Reporting System, 2797 an online/digital data system that is specifically designed for recording and documenting activity and data 2798 related to Collection Service, including the topics listed above. 2799 22.03 Vehicle GPS and Camera Data. Upon City’s request, Contractor shall make available 2800 stored vehicle GPS and on-board camera data for City’s review. 2801 22.04 Quarterly Reporting.
2802 22.04.1 General. Quarterly reports must be submitted no later than 5 p.m. Pacific Time (PT) 2803 on the last day of the month following the end of Quarter in which the receipts are Collected, and must be Agenda Item Number: 3
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2804 provided electronically using software acceptable to the City. If the last day of the month falls on a day that 2805 City is closed or on a Holiday, then the report will be due on the next Business Day. Failure to submit 2806 complete quarterly reporting by the due date may result in assessment of Administrative Charges and 2807 Penalties as specified in Exhibit 5.
2808 22.04.2 City Reports. Quarterly reports to City must include:
2809 22.04.2.1 Tonnage and Service Data. Contractor must provide a full-service 2810 list, with the following indicated for each Customer: number of contracted Collections for that Quarter 2811 (Collections that were scheduled to take place), and number of actual Collections completed during that 2812 Quarter (Collections that took place, not including non-collections or missed Collections). Contractor must 2813 also report the number of unique SFD and MFD accounts serviced; the number of unique Commercial and 2814 City accounts serviced; tonnage of Garbage, Recyclable Materials, and Organic Waste Collected and 2815 processed for Diversion, broken down by Container type. Quantities should be broken down by SFD, MFD, 2816 Commercial, and City Service.
2817 22.04.2.2 Overweight Vehicle Reporting. The quarterly report must include 2818 a summary total of all instances of overweight Collection Vehicles. This summary must include the number 2819 of overweight vehicle instances expressed as a percentage of the total number of Collection Vehicle loads 2820 transported during the reported Quarter.
2821 22.04.2.3 Non-Collection. The quarterly report must include a list of all Non2822 Collection occurrences that took place during that Quarter. It must include the full list of Service Units that 2823 experienced Non-Collection, indicate the date of and reason for each Non-Collection incident, and indicate 2824 whether a Non-Collection Notice was issued, and in what format it was issued. 2825 22.04.2.4 On-hold. The quarterly report must include each Service Unit that 2826 was not billed in the previous Quarter.
2827 22.04.2.5 Collection Overage Charges. The quarterly report must include 2828 each Service Unit incurring a charge for a Solid Waste Overage in the previous Quarter. 2829 22.04.2.6 Contamination Reporting. To the extent required by Applicable 2830 Law, the quarterly report must include a summary of all instances of qualifying contamination under the 2831 procedures in Section 5.08. This summary must include the total number of accounts where contamination 2832 occurred, the total number of Contamination Violation Notices issued by Contractor to Service Recipients, 2833 a list of accounts where such notices occurred, the total number of instances where Collection Container 2834 size or Collection frequency was increased specifically due to contamination, a list of accounts that were 2835 charged contamination fees, and a list of accounts for which the Collection Container size or Collection 2836 frequency was increased specifically due to contamination. Within twenty (20) Workdays of request by City, 2837 Contractor will provide copies of the Contamination Violation Notices and the digital documentation of 2838 contamination.

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2839 22.04.2.7 Service Recipient Complaint Log. The quarterly report must 2840 include the Service Recipient complaint log Collected from the previous Quarter. 2841 22.04.2.8 Reports to City on Customers discovered to be out of compliance 2842 with the SB 1383 Regulations, including a list of the Customers, the type of violation (including not donating 2843 Edible Food, not providing Containers for Customer use, and other compliance violations), actions taken to 2844 educate those Customers, and contact information for those Customers. Such reports shall be provided 2845 quarterly or as required by City.
2846 22.04.2.9 List of Programs Utilized. The quarterly report must include a list 2847 of all the waste Diversion and reduction programs, as well as other Solid Waste Collections programs, 2848 utilized by City residents, with the number of residents per program indicated when known. This report 2849 should also include the number of Kitchen Food Waste Pails distributed to residents within the Quarter. 2850 22.04.2.10 Abandoned Waste Reporting. The quarterly report must include a 2851 list of the times Contractor provided Abandoned Waste Removal Service to the City, including the dates, 2852 the locations of each service, and the amount of material Collected during each incident. 2853 22.05 Annual Reporting.
2854 22.05.1 General. An annual report must be submitted no later than 5 p.m. PT on January 31, 2026, and each January 31st thereafter for the previous Calendar Year. If January 31st 2855 falls on a day that 2856 City is closed, then the report will be due on the next Business Day. Annual reports must be submitted 2857 electronically in software acceptable to the City. Failure to submit complete annual reporting by the due date 2858 may result in assessment of Administrative Charges and Penalties as specified in Exhibit 5. Annual reports 2859 to City must include:
2860 22.05.1.1 Financial Statements. Contractor must submit annual financial 2861 statements for the local operation. Statements need not be reviewed or audited statements. 2862 22.05.1.2 Annual Sustainability and Compliance Report. Contractor must 2863 complete and submit data sections within their Sustainability and Compliance Plan to document education 2864 and outreach conducted, public event participation, school visits, compliance notices mailed, site visits, 2865 waste audits completed, information distributed, and media used, and community events hosted. This must 2866 include public education activities undertaken during the year, including distribution of bill inserts, Collection 2867 notification tags, community information and events, tours, and other activities related to the provision of 2868 Collection Service, and must discuss the impact of these activities on Recycling program participation and 2869 include amounts Collected from SFD, MFD, Commercial, and City Service Units. The report should include 2870 a complete list of all non-exempt commercial accounts, which includes each non-exempt account’s status 2871 as a “covered generator” under AB 341, AB 1826, and SB 1383; the date and status of Contractor’s 2872 outreach efforts at each non-exempt account; and the current level of Recyclable Materials and Organic 2873 Waste program participation at each non-exempt account.

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2874 22.05.1.3 Solid Waste Data. The number of SFD, MFD, Commercial, and 2875 City Service Units, and the number of Collection Containers distributed by size and Service Unit type. 2876 22.05.1.4 Waste Characterization Data. A breakdown of Solid Waste 2877 (Garbage, Recyclable Materials, and Organic Waste) by material type as per CalRecycle material 2878 classifications.
2879 22.05.1.5 Recyclable Materials Data. Gross tons Collected daily on average 2880 by material type by route for SFD, MFD, Commercial, and City Recyclable Materials service, with map of 2881 routes. The average participation rates by Quarter relative to the total number of Service Units by Service 2882 Unit type Indicate number of Recyclable Materials Collection Containers distributed by size and Service 2883 Unit type.
2884 22.05.1.6 Organic Waste Data. Include average daily gross tons Collected 2885 by route, separated by Green Waste and Food Waste, with map of routes. Include the total number of 2886 generators that receive each type of Organic Waste Collection Service provided by the Contractor. Indicate 2887 average daily number of setouts by route. Indicate average participation rates relative to the total number 2888 of Service Units in terms of weekly set-out counts. Indicate number of Organic Waste Collection Containers 2889 distributed by size and Service Unit type.
2890 22.05.1.7 Customer Service Log. A copy of the customer service log, 2891 including a summary of the type and number of complaints and their resolution. Include copies of a written 2892 record of all calls related to missed pickups and responses to such calls. 2893 22.05.1.8 Customer Service Information Sheet. A copy of Contractor’s most 2894 recent Customer Service Information Sheet (i.e., customer call center “cheat sheet”) for the City or the 2895 equivalent information used by customer service representatives. 2896 22.05.1.9 Overweight Vehicle Data. A summary of all instances of 2897 overweight Collection Vehicles. This summary must also include the number of overweight vehicle 2898 instances as a percentage of the total number of Collection Vehicle loads transported during the Calendar 2899 Year.
2900 22.05.1.10 Summary Narrative. A summary narrative of problems 2901 encountered with Collection activities and actions taken. Indicate type and number of Non-Collection 2902 Notices left at Service Recipient locations. Indicate instances of property damage or injury, significant 2903 changes in operation, market factors, publicity conducted, and needs for publicity. Include description of 2904 processed material loads rejected for sale, reason for rejection, and Disposition of load after rejection. 2905 22.05.1.11 Collection Container and Vehicle Inventory. An updated complete 2906 inventory of Collection Containers by type and size, and an updated complete inventory of Collection 2907 Vehicles, including for each vehicle: truck number, route number, date purchased, vehicle type, tare weight, 2908 license plate number, fuel type, vehicle make and model, and vehicle safety records.

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2909 22.05.1.12 Diversion Rate. Contractor must provide documentation 2910 acceptable to City stating and supporting the Calendar Year’s Diversion Rate, as calculated in accordance 2911 with the provisions of Article 8. Any tonnages Diverted and Disposed from large venues and events during 2912 the reporting period will be counted towards the calculated Diversion rate. 2913 22.05.1.13 AB 341, AB 1826, and SB 1383 Compliance Data. Contractor 2914 must report the total number of Commercial and MFD Service Units serviced, as well as the number of 2915 Containers, Container sizes, and frequency of Collection for Garbage, Recyclable Materials, and Organic 2916 Waste for each non-exempt Commercial and MFD Service Unit. Contractor must also provide the following 2917 information separately for both AB 341 and AB 1826:
2918 22.05.1.14 The total number of non-exempt Commercial and MFD Service 2919 Units that fall under the AB 341 or AB 1826 thresholds, and the total number of those non-exempt 2920 Commercial and MFD Service Units that are not subscribed to Commercial or MFD Recyclable Materials 2921 Collection Service or Commercial or MFD Organic Waste Collection Service. 2922 22.05.1.15 A summary of the type of follow-up outreach that was provided to 2923 those non-exempt Commercial and MFD Service Units that are not subscribed to Commercial or MFD 2924 Recyclable Materials Collection Service or Commercial or MFD Organic Waste Collection Service. 2925 22.05.1.16 Contractor shall provide proof of training records for Service 2926 Recipient personnel, emergency procedures, Customer Service Courtesy, and how to recognize illicit 2927 discharges and stormwater pollution sources.
2928 22.05.1.17 A list of all recommended waivers for that calendar year, including 2929 copies of the waiver request form and other supporting documentation (may be provided electronically or 2930 over a web page), in accordance with Section 20.07. 2931 22.05.1.18 A list of the Tier One and Tier Two generators, in accordance with 2932 Section 20.11. (List may be secured from Sonoma County Waste Management Agency if Contractor is not 2933 responsible for regularly maintaining the list.)
2934 22.05.1.19 For Route Reviews and Compliance Reviews:
2935 (i) The date the review was conducted.
2936 (ii) The name and title of each person conducting the review. 2937 (iii) A list of the account names and addresses covered by the review. 2938 (iv) For Route Reviews, a description of each Hauler Route reviewed, and a 2939 general description of the Hauler Route area.
2940 (v) For Route Reviews, the results of such review (i.e., the addresses where any 2941 Prohibited Container Contaminants were found) and any photographs taken.

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2942 (vi) For Compliance Reviews, the results of such review (i.e., Contractor’s findings 2943 as to whether the Customers reviewed are subscribed for Organic Waste 2944 Collection service, have an applicable waiver, or neither) and any relevant 2945 evidence supporting such findings (e.g., account records). 2946 (vii) Copies of any educational materials issued pursuant to such reviews. 2947 22.05.1.20 Documentation relating to observed Prohibited Container 2948 Contaminants, whether observed during Route Reviews or otherwise:
2949 (i) Copies of the form of each notice issued to Customers for Prohibited Container 2950 Contaminants, as well as, for each such form, a list of the Customers to which 2951 such notice was issued, the date of issuance, the Customer’s name and 2952 service address, and the reason for issuance (if the form is used for multiple 2953 reasons).
2954 (ii) The number of times notices were issued to Customers for Prohibited 2955 Container Contaminants.
2956 (iii) The number of Containers where the contents were Disposed due to 2957 observation of Prohibited Container Contaminants.
2958 22.06 Diversion Calculation and Data. By 5:00 p.m. PT on February 14 and annually thereafter 2959 during the Term of this Agreement, Contractor must deliver to City, in the format specified by City, the 2960 Calendar Year’s Diversion Rate, as calculated in accordance with the provisions of Article 8. Any tonnages 2961 Diverted and Disposed from large venues and events during the reporting period will be counted towards the 2962 calculated Diversion rate.
2963 22.07 CalRecycle Reports. Contractor will provide reasonable assistance to City in preparing 2964 annual reports to CalRecycle (the “Electronic Annual Report” or EAR), including but not limited to supplying 2965 required data for preparation of the reports, and completing all required data input. 2966 22.07.1 Contractor shall maintain, in form and format satisfactory to the City, the Online 2967 Waste Reporting System, an Implementation Record meeting the requirements of the SB 1383 Regulations 2968 and CalRecycle. Contractor shall be responsible for requesting information from the City for City-related 2969 activities, such as procurement and outreach and education, for maintenance of the Implementation Record. 2970 22.07.2 In the event that CalRecycle requires City to report an Implementation Schedule 2971 and/or Corrective Action Plan to comply with AB 341, AB 1826, SB 1383, SB 1594, and/or other Applicable 2972 Laws, Contractor will provide assistance to City in preparing a report, including Contractor’s policies and 2973 procedures related to compliance with AB 341, AB 1826, SB 1383, and/or other Applicable Laws and how 2974 Recyclable Materials or Organic Waste are Collected; a description of the geographic area, routes, list of 2975 addresses served, and a method for tracking contamination; copies of route audits, copies of notice of 2976 contamination; copies of notices, violations, education, and enforcement actions issued; and copies of 2977 educational materials, flyers, brochures, newsletters, website, and social media.

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2978 22.08 Additional Reporting. Contractor must furnish City with any additional reports as may 2979 reasonably be required, and such reports are to be prepared within a reasonable time following the reporting 2980 period.
2981 22.09 Right to Inspect and Audit. Contractor must make all records or documents required to be 2982 maintained pursuant to this Agreement available to the City for inspection or audit at any time during regular 2983 business hours, upon written request by the Agreement Administrator, the City Attorney, City Auditor, City 2984 Manager, or a designated representative of any of these officers. Copies of such documents will be provided 2985 to City electronically, available to City for inspection at the local Contractor office, or available to City for 2986 inspection at an alternate site as mutually agreed upon. 2987 22.10 Duty to Keep and Preserve Records. The Contractor shall keep and preserve, during the 2988 Term of this Agreement, and for a period of not less than four (4) years following expiration or other 2989 termination hereof or for any longer period required by law, full, complete, and accurate records as indicated 2990 in the Agreement. Where City has reason to believe that records or documents may be lost or discarded in 2991 the event of the dissolution, disbandment, or termination of Contractor’s business, City may, by written 2992 request or demand, require that custody of the records be given to City and that the records and documents 2993 be maintained in City Hall. Access to such records and documents will be granted to any party authorized by 2994 Contractor, Contractor’s representatives, or Contractor’s successor-in-interest. Refusal of Contractor to keep 2995 and preserve any of the records required by this Section shall be deemed a material breach of this Agreement 2996 and shall subject Contractor to all remedies, legal or equitable, which are available to City under this 2997 Agreement or otherwise.
2998 22.11 Records Requests to City. Contractor acknowledges that City is legally obligated to comply 2999 with the California Public Records Act (“CPRA”) and legally issued subpoenas. City acknowledges that 3000 Contractor may consider certain records, reports, or information contained therein (“Records”) which 3001 Contractor is required to provide to City under this Agreement to be of a confidential nature. In such instances, 3002 Contractor will inform City in writing of which records contain Confidential Information and shall identify the 3003 statutory exceptions to disclosure provided under the CPRA or California law that legally permit non3004 disclosure of the Records. At such time as City received a CPRA request , Federal Freedom of Information 3005 Act (“FOIA”) request, or a subpoena, City will notify Contractor of the request or subpoena and City’s 3006 obligation and intent to provide a response within ten (10) days of receipt. Contractor shall, within five (5) 3007 days either: (i) consent in writing to the disclosure of the Records; or (ii) seek and obtain, at Contractor’s sole 3008 cost and expense, the order of a court of competent jurisdiction staying or enjoining the disclosure of the 3009 Records. If the Contractor fails to act within the five (5) day window described above, the City may proceed 3010 to disclose the requested records, including any Confidential Information, to the requestor or subpoenaing 3011 party, in which event, Contractor agrees, waives, releases, and holds harmless City of any liability for the 3012 disclosure of the Records. In the event Contractor seeks a court order to stay or enjoin the disclosure of the 3013 Records, Contractor agrees to indemnify, defend, and hold harmless the City, its Council, elected and 3014 appointed board or commission members, officers, employees, volunteers, and agents (collectively, 3015 "Indemnitees") from and against any and all loss, liability, penalty, forfeiture, claim, demand, action, 3016 proceeding, or suit in law or equity of any and every kind and description, whether judicial, quasi-judicial, or 3017 administrative in nature, arising or resulting from or in any way connected with the subject CPRA request, Agenda Item Number: 3
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3018 FOIA request, or subpoena for the Records. This indemnity obligation shall survive the expiration or 3019 termination of this Agreement.
3020 22.11.1 Review Costs. Upon receipt of Notice of a CPRA request or subpoena, Contractor 3021 shall submit a payment to the City of Ten Thousand Dollars ($10,000) to defray the City’s costs to review 3022 the CPRA request or subpoena. In the event the City’s reasonable costs exceed that amount, Contractor 3023 shall reimburse the City for any documented amount in excess. This payment amount shall increase annually 3024 by the CPI Adjustment Calculation in Section 6.05. 3025 Article 23. Nondiscrimination
3026 23.01 Nondiscrimination. In the performance of all work and services under this Agreement, 3027 Contractor may not discriminate against any person based on such person’s race, sex, gender, gender 3028 identity, color, national origin, religion, marital status, or sexual orientation. Contractor must comply with all 3029 applicable local, State, and Federal laws and regulations regarding nondiscrimination, including those 3030 prohibiting discrimination in employment.
3031 Article 24. Service Inquiries and Complaints
3032 24.01 Contractor’s Customer Service. All service inquiries and complaints will be directed to 3033 Contractor. A representative of Contractor must be available to receive the complaints during normal business 3034 hours. Customer Service training shall include Service Recipient courtesy, shall prohibit the use of loud or 3035 profane language, and shall instruct Collection crews to perform the work quietly. Contractor shall use its best 3036 efforts to ensure that all employees present a neat appearance and conduct themselves in a courteous 3037 manner. All service complaints will be handled by Contractor in a prompt and efficient manner. All cases must 3038 be addressed and resolved within three (3) Workdays. In the case of a dispute between Contractor and a 3039 Service Recipient, the matter will be reviewed, and a decision made, by the Agreement Administrator. 3040 24.01.1 Contractor will utilize the Customer Service Log to maintain a record of all inquiries 3041 and complaints in a manner prescribed by City.
3042 24.01.2 For those complaints related to missed Collections, where Containers are properly 3043 set out in a timely manner, that are received by 12:00 p.m. (noon) on a Workday, Contractor will return to 3044 the Service Unit address and Collect the missed materials before leaving the Service Area for the day. For 3045 those complaints related to missed Collections that are received after 12:00 p.m. (noon) on a Workday, 3046 Contractor will have until the end of the following Workday to resolve the complaint. For those complaints 3047 related to repair or replacement of Collection Containers, the appropriate Sections of this Agreement will 3048 apply.
3049 24.01.3 Contractor agrees that it is in the best interest of City that all Garbage, Recyclable 3050 Materials, and Organic Waste be Collected on the scheduled Collection day. Accordingly, missed Collections 3051 will normally be Collected as set forth above regardless of the reason that the Collection was missed. 3052 However, in the event a Service Recipient requests missed Collection service more than two (2) times in 3053 any consecutive two (2) month period, the Agreement Administrator will work with Contractor to determine Agenda Item Number: 3
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3054 an appropriate resolution to that situation. In the event Contractor believes any complaint to be without merit, 3055 Contractor will notify the Agreement Administrator by email. The Agreement Administrator will investigate all 3056 disputed complaints and render a decision.
3057 24.01.4 Contractor’s service and emergency telephone numbers must be accessible by a 3058 local phone number or toll-free number. The service telephone number(s) must be listed in the area’s 3059 telephone directories under Contractor’s name in the White Pages, available through an online search, and 3060 listed on the Contractor’s website.
3061 24.02 Contractor shall record and catalog all Customer email addresses alongside Customer 3062 names and mailing addresses, such that Contractor can more easily and quickly send out updates and 3063 announcements as needed. Contractor shall cooperate with City to send out via email any service-related 3064 updates and announcements City may deem necessary. 3065 Article 25. Quality of Performance of Contractor
3066 25.01 Intent. Contractor acknowledges and agrees that one of City’s primary goals in entering 3067 into this Agreement is to ensure that the Solid Waste Collection is of the highest caliber, that Service Recipient 3068 satisfaction remains at the highest level, that maximum Diversion levels are achieved, and that materials 3069 Collected are put to the highest and best use to the maximum extent possible. 3070 25.02 Administrative Charges and Penalties. Quality performance by the Contractor is of primary 3071 importance. In acknowledgement of this, Contractor agrees to pay City Administrative Charges and Penalties 3072 as detailed in Exhibit 5 should Contractor fail to meet its responsibilities under this Agreement. Should 3073 Contractor be in breach of the requirements set forth in this Agreement, it is mutually understood and agreed 3074 that the public will necessarily suffer damages and that such damages, from the nature of the default in 3075 performance, will be extremely difficult and impractical to fix. City finds, and the Contractor agrees, that as of 3076 the time of the execution of this Agreement, it is impractical, if not impossible, to reasonably ascertain the 3077 extent of damages which will be incurred by City as a result of a breach by Contractor of its obligations under 3078 this Agreement. The factors relating to the impracticability of ascertaining damages include, but are not limited 3079 to, the fact that: (i) substantial damage results to members of the public who are denied services or denied 3080 quality or reliable service; (ii) such breaches cause inconvenience, anxiety, frustration, and deprivation of the 3081 benefits of this Agreement to individual members of the general public for whose benefit this Agreement 3082 exists, in subjective ways and in varying degrees of intensity which are incapable of measurement in precise 3083 monetary terms; (iii) services might be available at substantially lower costs than alternative services, and the 3084 monetary loss resulting from denial of services or denial of quality or reliable services is impossible to 3085 calculate in precise monetary terms; and (iv) the termination of this Agreement for such breaches, and other 3086 remedies are, at best, a means of future correction and not remedies which make the public whole for past 3087 breaches.
3088 25.03 Procedure for Review of Administrative Charges. The Agreement Administrator may 3089 assess Administrative Charges and Penalties as specified in Exhibit 5 pursuant to this Agreement quarterly. 3090 At the end of each Quarter during the Term of this Agreement, the Agreement Administrator will issue a Agenda Item Number: 3
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3091 written notice to Contractor (“Notice of Assessment”) of the Administrative Charges and Penalties assessed 3092 and the basis for each assessment.
3093 25.03.1 The assessment will become final unless, within ten (10) calendar days of the date 3094 of the notice of assessment, Contractor provides a written request for a meeting with the City Manager to 3095 present evidence that the assessment should not be made. 3096 25.03.2 The Agreement Administrator will schedule a meeting between Contractor and the 3097 City Manager as soon as reasonably possible after timely receipt of Contractor’s request. 3098 25.03.3 The City Manager will review Contractor’s evidence and render a decision 3099 sustaining or reversing the Administrative Charges and Penalties as soon as reasonably possible after the 3100 meeting. Written notice of the decision will be final. 3101 25.03.4 City’s assessment or collection of Administrative Charges and Penalties will not 3102 prevent City from exercising any other right or remedy, including the right to terminate this Agreement, for 3103 Contractor’s failure to perform the work and services in the manner set forth in this Agreement. 3104 25.04 Uncontrollable Circumstances.
3105 25.04.1 If either party is prevented from or delayed in performing its duties under this 3106 Agreement by circumstances beyond its control, whether or not foreseeable, including, without limitation, 3107 acts of terrorism, landslides, lightning, forest fires, storms, floods, severe weather, freezing, earthquakes, 3108 other natural or man-made disasters, the threat of such natural or man-made disasters, pandemics (or threat 3109 of same), quarantines, civil disturbances, acts of the public enemy, wars, blockades, public riots, strikes, 3110 lockouts or other labor disturbances, acts of government or governmental restraint, or other causes, whether 3111 of the kind enumerated or otherwise, that are not reasonably within the control of the affected party, then the 3112 affected party will be excused from performance hereunder during the period of such disability. 3113 25.04.2 The party claiming excuse from performance must promptly notify the other party 3114 when it learns of the existence of such cause, including the facts constituting such cause, and when such 3115 cause has terminated.
3116 25.04.3 The interruption or discontinuance of services by a party caused by circumstances 3117 outside of its control will not constitute a default under this Agreement. 3118 Article 26. Performance Bond
3119 26.01 Performance Bond. Within ten (10) Business Days from the date the City Council approves 3120 this Agreement, Contractor must furnish to City, and keep current, a performance bond, or irrevocable letter 3121 of credit (hereinafter collectively “Performance Bond”), issued or drawn upon a surety, bank, or financial 3122 institution reasonably acceptable to City and in a form acceptable to the City Attorney, for the faithful 3123 performance of this Agreement and all obligations arising hereunder in an amount as follows:

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3124 26.01.1 From July 1, 2025, and so long as this Agreement or any extension thereof remains 3125 in force, Contractor must maintain a performance bond in the amount of one million dollars ($1,000,000). 3126 26.01.1.1 The performance bond must be executed by a surety company 3127 licensed to do business in the State of California; having an “A-" or better rating by A. M. Best or Standard 3128 and Poor’s; and included on the list of surety companies approved by the Treasurer of the United States. 3129 26.01.1.2 In the event City draws on the bond, all of City’s costs of collection 3130 and enforcement of the Bond, including reasonable attorney’s fees and costs, must be paid by Contractor. 3131 26.01.1.3 The Performance Bond must be renewed annually for the entire 3132 Term of the Agreement, and evidence must be provided to City annually. 3133 26.01.1.4 In the event Contractor shall for any reason (except as otherwise 3134 provided in this Agreement) become unable, or fail in any way, to perform as required by this Agreement, 3135 City may declare a portion or all of the Performance Bond, as may be necessary to recompense and make 3136 whole the City, forfeited to the City. Upon partial or full forfeiture of the Performance Bond, Contractor shall 3137 restore the Performance Bond to its original amount within thirty (30) days of the City’s notice to do so. 3138 Failure to restore the Performance to its full amount within thirty (30) days shall be a material breach of this 3139 Agreement.
3140 Article 27. Insurance
3141 27.01 Insurance Policies. Contractor must secure and maintain, throughout the Term of this 3142 Agreement, insurance against claims for injuries to persons or damages to property which may arise from or 3143 in connection with Contractor’s performance of work or services under this Contract. Contractor’s 3144 performance of work or services includes performance by Contractor’s employees, agents, representatives, 3145 and subcontractors.
3146 27.02 Minimum Insurance Requirements.
3147 27.02.1 General Liability Insurance. Contractor shall maintain commercial general liability 3148 insurance with coverage at least as broad as Insurance Services Office Form CG 00 01, in an amount not 3149 less than $5,000,000 per occurrence, $10,000,000 general aggregate, for bodily injury, personal injury, and 3150 property damage. The policy must include contractual liability that has not been amended. Any endorsement 3151 restricting standard ISO “insured contract” language will not be accepted. 3152 27.02.2 Automobile Liability Insurance. Contractor shall maintain automobile insurance at 3153 least as broad as Insurance Services Office Form CA 00 01, covering bodily injury and property damages 3154 for all activities of the Contractor arising out of or in connection with Work to be performed under this 3155 Agreement, including any owned, hired, non-owned, or rented vehicles, in an amount not less than 3156 $10,000,000 combined single limit for each accident.

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3157 27.02.3 Umbrella or Excess Liability Insurance. Contractor shall obtain and maintain an 3158 umbrella liability insurance policy with limits that will provide bodily injury, personal injury, and property 3159 damage liability coverage, including commercial general liability, automobile liability, and employer’s liability. 3160 Such policy or policies shall include the following terms and conditions:
3161 • A drop-down feature requiring the policy to respond if any primary insurance that 3162 would otherwise have applied proves to be uncollectible in whole or in part for any 3163 reason, other than bankruptcy or insolvency of said primary insurer. 3164 • “Pay on behalf of” as opposed to “reimbursement”. 3165 • Concurrency of effective dates with primary policies. 3166 Should Contractor obtain and maintain an excess liability policy, such policy shall be excess over 3167 commercial general liability, automobile liability, and employer’s liability policies. Such policy or policies 3168 shall include wording that the excess liability policy follows the terms and conditions of the underlying 3169 policies.
3170 27.02.4 Workers’ Compensation and Employers Liability: Contractor shall obtain and 3171 maintain Workers’ Compensation insurance with limits as required by the California Labor Code, and 3172 Employers Liability insurance with limits of $5,000,000 per accident. Contractor shall submit to City, along 3173 with the certificate of insurance, a Waiver of Subrogation endorsement in favor of Agency, its officers, agents, 3174 employees, and volunteers.
3175 27.02.5 Environmental Pollution Liability: Pollution legal liability insurance coverage shall be 3176 in an amount no less than Ten Million Dollars ($10,000,000) per claim and in the aggregate. Coverage shall 3177 be extended a minimum of three (3) years beyond the Term of the Agreement, and such insurance shall 3178 contain all standard extensions customary for such policy and shall cover prior acts. 3179 27.02.6 Cyber Liability Insurance. Contractor shall maintain either an endorsement to its 3180 general liability policy, or a separate policy of insurance covering cyber liability. Said coverage shall be in 3181 the amount of not less than Five Million Dollars ($5,000,000) per occurrence and Ten Million Dollars 3182 ($10,000,000) in the aggregate.
3183 27.03 Insurance Provisions/Requirements.
3184 27.03.1 Additional Insured Status. General liability, automobile liability, and umbrella/excess 3185 liability insurance policies shall provide or be endorsed to provide that City and its officers, officials, 3186 employees, agents, and volunteers shall be additional insureds under such policies. 3187 27.03.2 Requirements not limiting. Requirements of specific coverage features or limits 3188 contained in this Section are not intended as a limitation on coverage, limits, or other requirements, or a 3189 waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature 3190 is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured 3191 to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If Contractor maintains Agenda Item Number: 3
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3192 higher limits than the minimum shown above, the City requires and shall be entitled to coverage for the 3193 higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified 3194 minimum limits of insurance and coverage shall be available to the City. 3195 27.03.3 Self-Insured Retentions. Any self-insured retentions must be declared to and 3196 approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or 3197 replaced by a deductible, or require proof of ability to pay losses and related investigations, claim 3198 administration, and defense expenses within the retention through confirmation from the underwriter. 3199 27.03.4 Primary/Non-Contributing. Coverage provided by Contractor shall be primary, and 3200 any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. 3201 The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess 3202 insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such 3203 coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City’s 3204 own insurance or self-insurance shall be called upon to protect it as a named insured. 3205 27.03.5 Proof of Insurance. Contractor shall provide certificates of insurance and required 3206 endorsements to City as evidence of the insurance coverage required herein. Insurance certificates and 3207 endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current 3208 certification of insurance shall be kept on file with City for the Agreement period and any additional length of 3209 time required thereafter. City reserves the right to require complete, certified copies of all required insurance 3210 policies at any time.
3211 27.03.6 Duration of Coverage. Contractor shall procure and maintain for the Agreement 3212 period, and any additional length of time required thereafter, insurance against claims for injuries to persons 3213 or damages to property, or financial loss which may arise from or in connection with the performance of the 3214 Work hereunder by Contractor, their agents, representatives, employees, or subcontractors. 3215 27.03.7 City’s Rights of Enforcement. In the event any policy of insurance required under 3216 this Agreement does not comply with these specifications or is canceled and not replaced, City has the right 3217 but not the duty to obtain the insurance it deems necessary, and any premium paid by City will be promptly 3218 reimbursed by Contractor or City will withhold amounts sufficient to pay premium from Contractor payments. 3219 In the alternative, City may cancel this Agreement. 3220 27.03.8 Acceptable Insurers. All insurance policies shall be issued by an insurance 3221 company that is currently authorized by the Insurance Commissioner to transact business of insurance or 3222 that is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ 3223 Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition 3224 of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager. 3225 27.03.9 Waiver of Subrogation. All insurance coverage maintained or procured pursuant to 3226 this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, 3227 officials, employees, and volunteers, or shall specifically allow Contractor or others providing insurance 3228 evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor Agenda Item Number: 3
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3229 hereby waives its own right of recovery against City and shall require similar written express waivers and 3230 insurance clauses from each of its subcontractors. 3231 27.03.10Enforcement of Contract Provisions (Non-Estoppel). Contractor acknowledges 3232 and agrees that any actual or alleged failure on the part of the City to inform Contractor of non-compliance 3233 with any requirement imposes no additional obligations on the City, nor does it waive any rights hereunder. 3234 27.03.11 Notice of Cancellation. Contractor agrees to oblige its insurance agent or broker 3235 and insurers to provide the City with a thirty (30) day notice of cancellation (except for nonpayment for which 3236 a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. If any of the 3237 Contractor’s insurers are unwilling to provide such notice, then Contractor shall have the responsibility of 3238 notifying the City immediately in the event of Contractor’s failure to renew any of the required insurance 3239 coverages or in the event of insurer’s cancellation or non-renewal. 3240 27.03.12Prohibition of Undisclosed Coverage Limitations. None of the coverages required 3241 herein will be in compliance with these requirements if they include any limiting endorsement of any kind 3242 that has not been first submitted to City and approved of by the City in writing. 3243 27.03.13Separation of Insureds. A severability of interests provision must apply for all 3244 additional insureds, ensuring that Contractor’s insurance shall apply separately to each insured against 3245 whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) 3246 shall not contain any cross-liability exclusions.
3247 27.03.14Pass-Through Clause. Contractor agrees to ensure that its subconsultants, 3248 subcontractors, and any other parties who are brought onto or involved in the project/service by Contractor 3249 (hereinafter collectively “subcontractor”) provide the same minimum insurance coverage and endorsements 3250 required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all 3251 responsibility for ensuring that such coverage is provided in conformity with the requirements of this Section. 3252 However, in the event Contractor’s subcontractor cannot comply with this requirement, which proof must be 3253 submitted to the City, Contractor shall be required to ensure that its subcontractor provide and maintain 3254 insurance coverage and endorsements sufficient to the specific risk of exposure involved with 3255 subcontractor’s scope of work and services, with limits less than required of the Contractor, but in all other 3256 terms consistent with the Contractor’s requirements under this agreement. This provision does not relieve 3257 the Contractor of its contractual obligations under the agreement and/or limit its liability to the amount of 3258 insurance coverage provided by its subcontractors. This provision is intended solely to provide Contractor 3259 with the ability to utilize a subcontractor who may be otherwise qualified to perform the work or services but 3260 may not carry the same insurance limits as required of the Contractor under this agreement given the limited 3261 scope of work or services provided by the subcontractor. Contractor agrees that upon request, all 3262 agreements with subcontractors, and others engaged in the project, will be submitted to City for review. 3263 27.03.15 City’s Rights to Revise Specifications. The City reserves the right at any time 3264 during the Term of the Agreement to change the amounts and types of insurance required by giving the 3265 Contractor ninety (90) days advance written notice of such change. If such change results in substantial 3266 additional cost to the Contractor, the City and Contractor may renegotiate Contractor’s compensation.

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3267 27.03.16Timely Notice of Claims. Contractor shall give City prompt and timely notice of 3268 claims made or suits instituted that arise out of or result from Contractor’s performance under this 3269 Agreement, and that involve or may involve coverage under any of the required liability policies. 3270 27.03.17Additional Insurance. Contractor shall also procure and maintain, at its own cost 3271 and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper 3272 protection and prosecution of the Work.
3273 Proof of insurance must be emailed to the Agreement Administrator, and must also be mailed to the 3274 following address, or any subsequent address as may be directed by the City. 3275 City of Sebastopol
3276 City Manager’s Office
3277 7120 Bodega Avenue
3278 Sebastopol, CA 95472
3279 27.04 Subcontractors. Contractor must include all subcontractors performing services in the City 3280 as insureds under its policies, or subcontractors must obtain separate certificates and endorsements. 3281 27.05 Modification of Insurance Requirements. The insurance requirements provided in this 3282 Agreement may be modified or waived by City’s risk manager, in writing, upon the request of Contractor, if 3283 City’s risk manager determines such modification or waiver is in the best interest of City, considering all 3284 relevant factors, including exposure to City.
3285 27.06 Rights of Subrogation. All required insurance policies must preclude any insurer’s rights of 3286 recovery or subrogation against City with respect to matters related to Contractor’s performance of its 3287 obligations under the applicable policies or this Agreement, with the express intention of the parties being 3288 that the required insurance coverage protects both parties as the primary coverage for any and all losses 3289 covered by the above-described insurance. Contractor must ensure that any companies issuing insurance to 3290 cover the requirements contained in this Agreement agree that they will have no recourse against City for 3291 payment or assessments in any form on any policy of insurance. The clauses ‘Other Insurance Provisions’ 3292 and ‘Insured Duties in the Event of an Occurrence, Claim or Suit’ as it appears in any policy of insurance in 3293 which City is named as an additional insured will not apply to City. 3294 27.07 Failure to maintain insurance. Should Contractor fail to obtain or maintain insurance as 3295 required by this Agreement, Contractor shall have seven (7) days to cure the defect, during which time 3296 City shall have the option, but not the obligation to, at Contractor’s sole expense: (i) hire replacement waste 3297 hauler services to perform Contractor’s tasks until insurance coverage is resumed; or (ii) obtain replacement 3298 insurance coverage during said cure period. Should Contractor fail to correct this defect, City shall have the 3299 option to terminate this Agreement immediately.
3300 27.08 Required Endorsements.
3301 27.08.1 The Workers’ Compensation policy shall contain an endorsement in substantially 3302 the following form:

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3303 1. “Thirty (30) days’ prior written notice shall be given to the City of Sebastopol in the event 3304 of cancellation, reduction in coverage, or non-renewal of this policy. Such notice shall 3305 be sent to:
3306 City Manager
3307 City of Sebastopol
3308 7120 Bodega Avenue
3309 Sebastopol, CA 95472
3310 27.08.2 The Commercial General Liability Business and Automobile Liability policies shall 3311 contain endorsements in substantially the following form:
3312 1. “Thirty (30) days’ prior written notice shall be given to the City of Sebastopol in the event 3313 of cancellation, reduction in coverage, or non-renewal of this policy. Such notice shall 3314 be sent to:
3315 City Manager
3316 City of Sebastopol
3317 7120 Bodega Avenue
3318 Sebastopol, CA 95472”
3319 2. “This policy shall be considered primary insurance as respects any other valid and 3320 collectible insurance maintained by the City of Sebastopol, including any self-insured 3321 retention or program of self-insurance, and any other such insurance shall be 3322 considered excess insurance only."
3323 3. "Inclusion of the City of Sebastopol as an insured shall not affect the City's rights as 3324 respects any claim, demand, suit or judgment brought or recovered against the 3325 Contractor. This policy shall protect Contractor and the City in the same manner as 3326 though a separate policy had been issued to each, but this shall not operate to increase 3327 the Contractor's liability as set forth in the policy beyond the amount shown or to which 3328 the Contractor would have been liable if only one party had been named as an insured.” 3329 Article 28. Hold Harmless and Indemnification
3330 28.01 Defense and Indemnity for Contractor’s Liabilities and Damages. Contractor shall 3331 indemnify, defend with counsel approved by the City, and hold City, its elected and appointed officials, 3332 officers, agents, employees, and volunteers (collectively “City Indemnitees”) harmless from and against any 3333 and all of Contractor’s liabilities, including but not limited to all claims, demands, lawsuits, judgments, 3334 damages, losses, injuries, expenses, and/or costs (including without limitation reasonable legal counsel fees, 3335 expert fees, and all other costs and fees of litigation) of every nature arising out of, brought, or claimed against 3336 Contractor by, or otherwise owed by Contractor to, Contractor’s employees, Contractor’s contractors or 3337 subcontractors, or the owners of Contractor’s firm. 3338 28.02 Defense and Indemnity of Third-Party Claims/Liability. Contractor shall indemnify, defend 3339 with legal counsel approved by City, and hold harmless City Indemnitees from and against any and all Agenda Item Number: 3
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3340 liabilities, including but not limited to all claims, demands, lawsuits, judgments, damages, losses, injuries, 3341 expenses, and/or costs (including without limitation reasonable legal counsel fees, expert fees, and all other 3342 costs and fees of litigation) of every nature arising out of or in connection with Contractor’s performance of 3343 work hereunder or its failure to comply with any of its obligations contained in the Agreement, except to the 3344 extent such loss or damage is caused by the gross negligence or willful misconduct of City. Should conflict of 3345 interest principles preclude a single legal counsel from representing both City and Contractor, or should City 3346 otherwise find Contractor’s legal counsel unacceptable, then Contractor shall reimburse City its costs of 3347 defense, including without limitation reasonable legal counsel fees, expert fees, and all other costs and fees 3348 of litigation. The Contractor shall promptly pay City any final judgment rendered against City (and its officers, 3349 officials, employees, and volunteers) with respect to any liabilities or claims covered by this Section. It is 3350 expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as 3351 is permitted by the law of the State of California and will survive termination of this Agreement. 3352 28.02.1 Contractor’s obligations under this Section apply regardless of whether or not such 3353 claim, charge, damage, demand, lawsuit, action, proceeding, damage, loss, injury, stop notice, expense, 3354 cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an 3355 Indemnitee. However, without affecting the rights of City under any provision of this Agreement, Contractor 3356 shall not be required to indemnify and hold harmless City for liability attributable to the gross negligence or 3357 willful misconduct of City, provided such gross negligence or willful misconduct is determined by agreement 3358 between the parties or by findings of a court of competent jurisdiction. In instances where City is shown to 3359 have acted with gross negligence or willful misconduct and where such action accounts for only a percentage 3360 of the liability involved, the obligation of the Contractor will be for that entire portion or percentage of liability 3361 not attributable to the gross negligence or willful misconduct of City. 3362 28.03 Nonwaiver. City does not waive, nor shall be deemed to have waived, any indemnity, 3363 defense or hold harmless rights under this Section because of the acceptance by City, or the deposit with 3364 City, of any insurance certificates or policies described in Article 27. 3365 28.04 Diversion Indemnification. Subject to the requirements of Public Resources Code Section 3366 40059.1, which will control in the event of any conflict with the provisions of this Section, Contractor agrees 3367 to protect and defend City Indemnitees with counsel selected by Contractor and approved by City, to pay all 3368 attorneys’ fees, and to indemnify, defend, and hold City Indemnitees harmless from and against all fines or 3369 penalties imposed by the California Integrated Waste Management Board if the Diversion goals specified in 3370 California Public Resources Code Section 41780, as it may be amended, are not met by City with respect to 3371 the Materials Collected by Contractor and if the lack in meeting such goals is attributable to the failure of 3372 Contractor to implement and operate the Recycling or Diversion programs or undertake the related activities 3373 required by this Agreement. In the event CalRecycle provides an administrative process to challenge the 3374 imposition of a compliance order or a fine or fines, Contractor will be responsible for engaging any consultants 3375 or attorneys necessary to represent City in any challenge. Contractor will be responsible for the retention of 3376 and payment to any consultants engaged to perform waste generation studies (Diversion and Disposal). All 3377 consultants and attorneys engaged hereunder are subject to the agreement of City and Contractor. 3378 28.05 Hazardous Substances Indemnification. Contractor agrees to indemnify, defend (with 3379 counsel reasonably approved by City), protect, and hold harmless the City Indemnitees from and against any Agenda Item Number: 3
Agenda Item Number: 3
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3380 and all claims of any kind whatsoever paid, suffered, or incurred by or against the City Indemnitees resulting 3381 from any repair, clean-up, removal action, or response action undertaken pursuant to CERCLA, the Health & 3382 Safety Code, or other similar Federal, State, or local law or regulation, with respect to Solid Waste or 3383 Household Hazardous Waste Collected and Disposed of by Contractor. The foregoing indemnity is intended 3384 to operate as an agreement pursuant to Section 10(e) of CERCLA and Section 25364 of the Health & Safety 3385 Code to defend, protect, hold harmless, and indemnify the City Indemnitees from all forms of liability under 3386 CERCLA, the Health & Safety Code, or other similar Federal, State, or local law or regulation. 3387 28.06 Proposition 218 Release. City intends to comply with all Applicable Law concerning the 3388 Maximum Service Rates provided under this Agreement. Upon thorough analysis, the parties have made a 3389 good faith determination that the Maximum Service Rates for the Solid Waste Collection provided under this 3390 Agreement are not subject to California Constitution Articles XIIIC and XIIID because, among other reasons, 3391 such services are provided by a private corporation and not by City, Contractor independently establishes the 3392 rates for services within the limits established in this Agreement, the receipt of services is voluntary and not 3393 required of any property within City, and any owner or Service Recipient of property within City has the 3394 opportunity to avoid the services available under this Agreement either through Self-Hauling or use of property 3395 in such a manner that Solid Waste is not generated. Accordingly, in the event that a third party challenges 3396 the Maximum Service Rates as being in violation of Article XIIIC or XIIID of the California Constitution, or 3397 otherwise asserts that the Maximum Service Rates are an invalid tax, assessment, or fee, Contractor agrees 3398 to waive, release, and hold harmless the City Indemnitees from and against any and all claims Contractor 3399 may have against the City Indemnitees resulting therefrom, and to indemnify and defend City indemnitees, 3400 with legal counsel reasonably acceptable to City, from any third-party claim, suit, or other action, whether 3401 administrative, legal, or equitable, challenging the Maximum Service Rates authorized under this Agreement 3402 or as being in violation of Article XIIIC or XIIID of the California Constitution, or otherwise asserting that the 3403 Maximum Service Rate are an invalid tax, assessment, or fee. This Section will survive the expiration or 3404 termination of this Agreement for claims arising prior to the expiration or termination of this Agreement. 3405 28.07 Employment & Labor Practices. Contractor shall indemnify, defend, and hold harmless City 3406 Indemnitees, from any and all liability, damages, claims, costs, and expenses of any nature to the extent 3407 arising from Contractor's personnel and labor practices, including failure to pay and comply with state or 3408 federal prevailing wage laws which should such be applicable to Contractor’s personnel or labor practices or 3409 to one or more of the services it provides pursuant to the Agreement. All duties of Contractor under this 3410 paragraph shall survive termination of this Agreement. 3411 28.08 Consideration. It is specifically understood and agreed that the consideration inuring to 3412 Contractor for the execution of this Agreement consists of the promises, payments, covenants, rights, and 3413 responsibilities contained in this Agreement.
3414 28.09 Obligation. This Agreement obligates Contractor to comply with the foregoing 3415 indemnification and release provisions; however, the collateral obligation of providing insurance must also be 3416 complied with as set forth in this Agreement. The provision of insurance and the coverage limits therein shall 3417 not in any way be a limitation on Contractor’s indemnification and defense obligations.

Agenda Item Number: 3
Agenda Item Number: 3
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3418 28.10 Subcontractors. Contractor must require all subcontractors performing work in the City to 3419 enter into a contract containing the provisions set forth in Article 27, and in which contract the subcontractor 3420 fully indemnifies City in accordance with this Agreement. 3421 28.11 Exception. Notwithstanding other provisions of this Agreement, Contractor’s obligation to 3422 indemnify, hold harmless, and defend City, its officers, and its employees will not extend to any loss, liability, 3423 penalty, damage, action, or suit arising or resulting solely from acts constituting active negligence, willful 3424 misconduct, or violation of law on the part of City, its officers, or its employees. 3425 28.12 Damage by Contractor. If Contractor’s employees or subcontractors cause any injury, 3426 damage, or loss to City property, including but not limited to City streets or curbs, excluding normal wear and 3427 tear, Contractor must reimburse City for City’s cost of repairing or replacing such injury, damage, or loss. 3428 Such reimbursement is not in derogation of any right of City to be indemnified by Contractor for any such 3429 injury, damage, or loss. With the prior written approval of City, Contractor may repair the damage at 3430 Contractor’s sole cost and expense. Any injury, damage, or loss to private property caused by the negligent 3431 or willful acts or omissions of Contractor to private property must be repaired or replaced by Contractor at 3432 Contractor’s sole expense. Disputes between Contractor and its Service Recipients or private property 3433 owners as to damage to private property are civil matters, and complaints of damage will be referred to 3434 Contractor as a matter within its sole responsibility and as a matter within the scope of this Article. 3435 Article 29. Default of Agreement
3436 29.01 Termination. City may cancel this Agreement, except as otherwise provided below in this 3437 Section, by giving Contractor thirty (30) calendar days advance written notice, to be served as provided in 3438 this Agreement, upon the happening of any one of the following events:
3439 29.01.1 Contractor takes the benefit of any present or future insolvency statute; makes a 3440 general assignment for the benefit of creditors; files a voluntary petition in bankruptcy (court); files a petition 3441 or answer seeking an arrangement for its reorganization or the readjustment of its indebtedness under the 3442 Federal bankruptcy laws or under any other law or statute of the United States or any State thereof; or 3443 consents to the appointment of a receiver, trustee or liquidator of all or substantially all of its property; or 3444 29.01.2 By order or decree of a court, Contractor is adjudged bankrupt or an order is made 3445 approving a petition filed by any of its creditors or by any of the stockholders of Contractor, seeking its 3446 reorganization or the readjustment of its indebtedness under the Federal bankruptcy laws or under any law 3447 or statute of the United States or of any State thereof, provided that if any such judgment or order is stayed 3448 or vacated within sixty (60) calendar days after the entry thereof, any notice of default will be and become 3449 null, void, and of no effect, unless such stayed judgment or order is reinstated, in which case such default 3450 will be deemed immediate; or
3451 29.01.3 By, pursuant to, or under the authority of any legislative act, resolution, or rule or 3452 any order or decree of any court or governmental board, agency, or officer having jurisdiction, a receiver, 3453 trustee, or liquidator takes possession or control of all or substantially all of the property of Contractor, and 3454 such possession or control continues in effect for a period of sixty (60) calendar days; or Agenda Item Number: 3
Agenda Item Number: 3
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3455 29.01.4 Contractor has defaulted, by failing or refusing to pay in a timely manner the 3456 Administrative Charges and Penalties or any other fees and monies due City under this Agreement, and 3457 such default is not cured within thirty (30) calendar days of receipt of written notice by City to do so; or 3458 29.01.5 Contractor has defaulted by allowing any final judgment for the payment of money 3459 owed to City to stand against it unsatisfied and such default is not cured within thirty (30) calendar days of 3460 receipt of written notice by City to do so; or
3461 29.01.6 In the event that the monies due City is the subject of a judicial proceeding, 3462 Contractor will not be in default if the sum of money is bonded. All bonds must be in the form acceptable to 3463 the City Attorney; or
3464 29.01.7 Contractor has defaulted, by failing or refusing to perform or observe any of the 3465 terms, conditions, or covenants in this Agreement, including, but not limited to, the maintenance of a 3466 performance bond in accordance with Article 26, or any of the rules and regulations promulgated by City 3467 pursuant thereto, or has wrongfully failed or refused to comply with the instructions of the Agreement 3468 Administrator relative thereto, and such default is not cured within thirty (30) calendar days of receipt of 3469 written notice by City to do so, or if by reason of the nature of such default, the same cannot be remedied 3470 within thirty (30) calendar days following receipt by Contractor of written demand from City to do so, 3471 Contractor fails to commence the remedy of such default within such thirty (30) calendar days following such 3472 written notice or having so commenced fails thereafter to continue with diligence the curing thereof (with 3473 Contractor having the burden of proof to demonstrate (a) that the default cannot be cured within thirty (30) 3474 calendar days, and (b) that it is proceeding with diligence to cure such default, and such default will be cured 3475 within a reasonable period of time). However, notwithstanding anything contained herein to the contrary, for 3476 the failure of Contractor to provide Solid Waste Collection for a period of three (3) consecutive Workdays, 3477 City may secure Contractor's records on the fourth (4th) Workday in order to provide interim Solid Waste 3478 Collection until such time as the matter is resolved and Contractor is again able to perform pursuant to this 3479 Agreement; provided, however, if Contractor is unable for any reason or cause to resume performance at 3480 the end of thirty (30) calendar days, all liability of City under this Agreement to Contractor will cease and this 3481 Agreement may be terminated by City.
3482 29.02 Violations. Notwithstanding the foregoing and as supplemental and additional means of 3483 termination of this Agreement under this Article, in the event that Contractor's record of performance shows 3484 that Contractor has defaulted in the performance of any of the covenants and conditions required herein to 3485 be kept and performed by Contractor three (3) or more times in any twenty-four (24) month period, and 3486 regardless of whether the Contractor has corrected each individual condition of default, Contractor will be 3487 deemed a "habitual violator", will be deemed to have waived the right to any further notice or grace period to 3488 correct, and all such defaults will be considered cumulative and collectively will constitute a condition of 3489 irredeemable default. City may thereupon issue Contractor a final warning citing the circumstances under 3490 which Contractor has become a “habitual violator” pursuant to this Section, and any single default by 3491 Contractor of whatever nature, subsequent to the occurrence of the last of such cumulative defaults, will be 3492 grounds for immediate termination of the Agreement. In the event of any such subsequent default, City may 3493 terminate this Agreement upon giving of written final notice to Contractor, such cancellation to be effective 3494 upon the date specified in City's written notice to Contractor, and all contractual fees due hereunder plus any Agenda Item Number: 3
Agenda Item Number: 3
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3495 and all charges and interest will be payable to such date, and Contractor will have no further rights hereunder. 3496 Immediately upon the specified date in such final notice, Contractor must cease any further performance 3497 under this Agreement.
3498 29.03 Effective Date of Termination. In the event of any of the events specified above, and except 3499 as otherwise provided in such subsections, termination will be effective upon the date specified in City's 3500 written notice to Contractor, and upon such date this Agreement will be deemed immediately terminated and 3501 upon such termination, except for payment of services rendered up to and including the date of termination, 3502 all liability of City under this Agreement to Contractor will cease, and City will have the right to call the 3503 performance bond and will be free to negotiate with other contractors for the operation of interim and long3504 term Collection Service. Contractor must reimburse City for all direct and indirect costs of providing any interim 3505 Solid Waste Collection as a result of Contractor’s default in this Agreement. 3506 29.04 Termination Cumulative. City’s right to terminate this Agreement is cumulative to any other 3507 rights and remedies provided by law or by this Agreement. 3508 29.05 Alternative Service. Should Contractor, for any reason, except the occurrence or existence 3509 of any of the events or conditions set forth in Section 25.04 (Uncontrollable Circumstances), refuse or be 3510 unable for a period of more than forty-eight (48) hours to Collect a material portion or all of the Solid Waste 3511 which it is obligated under this Agreement to Collect, and as a result, Solid Waste should accumulate in City 3512 to such an extent, in such a manner, or for such a time that the City Manager, in the reasonable exercise of 3513 the City Manager's discretion, should find that such accumulation endangers or menaces the public health, 3514 safety, or welfare, then City will have the right to contract with another Solid Waste enterprise to Collect any 3515 or all Solid Waste which Contractor is obligated to Collect pursuant to this Contract. City must provide twenty3516 four (24) hours prior written notice to Contractor during the period of such event, before contracting with 3517 another Solid Waste enterprise to Collect any or all Solid Waste that Contractor would otherwise Collect 3518 pursuant to this Agreement for the duration of period during which Contractor is unable to provide such 3519 services. In such event, Contractor must undertake commercially reasonable efforts to identify sources from 3520 which such substitute Solid Waste services are immediately available and must reimburse City for all of its 3521 expenses for such substitute services during period in which Contractor is unable to provide Solid Waste 3522 Collection required by this Agreement.
3523 29.06 Survival of Certain Contractor Obligations. Notwithstanding the termination of this 3524 Agreement by Contractor or City, Contractor’s obligation to indemnify, defend, and hold City and City 3525 Indemnitees harmless as provided in this Agreement shall survive any termination of this Agreement. 3526 Notwithstanding the termination of this Agreement by Contractor or City, such act shall not automatically 3527 invalidate or cancel any insurance policy, letter of credit, performance bond, or similar instruments provided 3528 by Contractor under this Agreement, and such policies, letters of credit, performance bonds, and other 3529 instruments shall remain in full force and effect for one (1) full year after termination. 3530 Article 30. Modifications to the Agreement
3531 30.01 City-Directed Change. City has the power to make changes in this Agreement to impose 3532 new rules and regulations on Contractor under this Agreement relative to the scope and methods of providing Agenda Item Number: 3
Agenda Item Number: 3
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3533 Collection Service, as may from time-to-time be necessary and desirable for the public welfare. The size of 3534 Collection Containers specified herein for Bundled Service are designed to meet the requirements of 3535 Applicable Law, inclusive of the State’s Recycling mandates, including AB 341, AB 1826, and SB 1383, and 3536 to be appropriate for the capabilities and capacities of available Materials Recovery Facilities and Organic 3537 Waste Processing Facilities at the start of this Agreement. The capabilities and capacities of such facilities 3538 may change during the Term of this Agreement as such City reserves the right to redirect materials to 3539 alternate facilities and change the designated sizes of Carts and/or Bins in Bundled Service in accordance 3540 with any such changes. City will give the Contractor notice of any proposed change, as well as an opportunity 3541 to be heard concerning those matters, and agrees to adjust Maximum Service Rates to reasonably reflect 3542 additional costs borne by Contractor. The scope and method of providing Solid Waste Collection as 3543 referenced herein will be liberally construed to include the procedures, operations, and obligations, financial 3544 or otherwise, of Contractor. When such modifications are made to this Agreement, City and Contractor will 3545 negotiate in good faith a reasonable and appropriate compensation adjustment for any increase or decrease 3546 in the services or other obligations required of Contractor due to any modification in the Agreement under this 3547 Article. City and Contractor will not unreasonably withhold agreement to such compensation adjustment. 3548 Should agreement between City and Contractor on compensation adjustment not be reached within six (6) 3549 months of the change request, or other period as agreed upon by both parties, City and Contractor agree to 3550 submit the compensation adjustment to binding arbitration as described in Article 31. 3551 30.02 Change in Law. City and Contractor understand and agree that the California Legislature 3552 has the authority to make comprehensive changes in Solid Waste Handling legislation, and that these and 3553 other changes in Applicable Law in the future which mandate certain actions or programs for counties, 3554 municipalities, or Contractor may require changes or modifications in some of the terms, conditions, or 3555 obligations under this Agreement. Contractor agrees that the terms and provisions of the City Municipal Code, 3556 as it now exists or as it may be amended in the future (in a manner not inconsistent with this Agreement), will 3557 apply to all of the provisions of this Agreement and the Service Recipients of Contractor located within the 3558 Service Area. In the event any future change in Applicable Law, inclusive of any change in Federal, State, or 3559 local laws or regulations or the City Code, that materially alters the obligations of Contractor, then Contractor 3560 shall be obligated to, and hereby agrees to, undertake such new or modified services or programs or take 3561 such other actions as may be necessary to comply with the Change in Law (“Modified Services”), provided 3562 that City and Contractor negotiate in good faith, and agree upon a reasonable and appropriate compensation 3563 adjustment for such Modified Services. City and Contractor will not unreasonably withhold agreement to such 3564 compensation adjustment. Should agreement between City and Contractor on compensation adjustment not 3565 be reached within six (6) months of the change request, or other period as agreed upon by both parties, City 3566 and Contractor agree to submit the compensation adjustment to binding arbitration as described in Article 31. 3567 Nothing contained in this Agreement will require any party to perform any act or function contrary to Applicable 3568 Law.
3569 Article 31. Dispute Resolution
3570 31.01 Arbitration. Except where otherwise provided for in this Agreement that the decision of a 3571 City Manager or other person or entity is final, or that a matter may be pursued by civil litigation, any dispute 3572 between the parties regarding interpretation and enforcement of this Agreement shall be resolved exclusively Agenda Item Number: 3
Agenda Item Number: 3
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3573 through final and binding arbitration. Parties shall have no right appeal a final arbitration award except as 3574 provided for in California Code of Civil Procedure, Sections 1286.2 and 1286.6. 3575 31.02 Request for Arbitration. Either party may demand arbitration by sending a request in writing 3576 to the other party. Such request must be sent within thirty (30) days of a party’s reasonable determination 3577 that the parties are unable to resolve a disputed matter. 3578 31.03 Selection of Arbitrator. Arbitration shall be conducted by a single arbitrator at a location 3579 within Sonoma County or at such location as the parties to the arbitration may mutually select. The arbitrator 3580 shall be an attorney, retired judge, or professional with significant prior experience in matters related to public 3581 contracts. If, within twenty (20) days from the receipt of a request to arbitrate (or such longer period mutually 3582 agreed to by the parties), the parties are unable to agree on an arbitrator, then a single neutral arbitrator shall 3583 be appointed pursuant to the Commercial Arbitration Rules of the American Arbitration Association or a similar 3584 rank and strike method employed by an arbitration company selected by the parties to provide case 3585 management and facilities for arbitration.
3586 31.04 Arbitration Rules. The Commercial Arbitration Rules of the American Arbitration 3587 Association shall govern any arbitration requested under this Article, unless the parties otherwise agree to 3588 use of alternative applicable rules.
3589 31.05 Legal Fees and Costs. The parties will initially pay one half of the costs of the arbitrator, 3590 including any case management fees charged. Upon a final decision, the prevailing party will be entitled to 3591 recover from the opposing party all costs and expenses, including reasonable attorneys’ fees, incurred by the 3592 prevailing party in the exercise of any of its rights or remedies under this Agreement or the enforcement of 3593 any of the terms, conditions, or provisions of this Agreement. 3594 Article 32. Consent to Jurisdiction
3595 32.01 Jurisdiction for Civil Litigation. The parties agree that any civil litigation between City and 3596 Contractor concerning or arising out of and permitted by this Agreement, and which is exempt from arbitration 3597 pursuant to Article 31, must be filed and maintained exclusively in the Superior Courts of Sonoma County, 3598 State of California, or in the United States District Court for the Northern District of California to the fullest 3599 extent permissible by law. Each party consents to service of process in any manner authorized by California 3600 law.
3601 Article 33. Attorney’s Fees
3602 33.01 If civil litigation is brought by a party concerning or arising out of and permitted by this 3603 Agreement, the prevailing party will be entitled to recover from the opposing party all costs and expenses, 3604 including reasonable attorneys’ fees, incurred by the prevailing party in the exercise of any of its rights or 3605 remedies under this Agreement or the enforcement of any of the terms, conditions, or provisions of this 3606 Agreement.

Agenda Item Number: 3
Agenda Item Number: 3
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3607 Article 34. Legal Representation
3608 34.01 Acknowledgement. It is acknowledged that each party was, or had the opportunity to be, 3609 represented by counsel in the preparation of, and contributed equally to the terms and conditions of, this 3610 Agreement, and, accordingly, the rule that a contract will be interpreted strictly against the party preparing 3611 the same will not apply, due to the joint contributions of both parties. 3612 Article 35. Conflict of Interest
3613 35.01 Financial Interest. Contractor is unaware of any City employee or official that has a financial 3614 interest in Contractor’s business. During the Term of this Agreement and/or as a result of being awarded this 3615 Agreement, Contractor shall not offer, encourage, or accept any financial interest in Contractor’s business by 3616 any City employee or official.
3617 Article 36. Contractor's Personnel
3618 36.01 Displaced Employees. Contractor shall offer employment to all qualified displaced 3619 employees of the City’s franchisee from the prior exclusive Solid Waste Collection Agreement at pay and 3620 benefit rates meeting or exceed prior amounts. Contractor shall make information about wage rates, benefits, 3621 and job classifications of employees available to the City prior to any subsequent procurement for Solid Waste 3622 Collection, no later than fifteen (days) following a request from the City for such information. Contractor shall 3623 additionally comply with all related requirements described in California Labor Code, Division 2, Part 3, 3624 Chapter 4.6, Section 1072(c)(1).
3625 36.02 Personnel Requirements. Contractor shall assign only qualified personnel to perform all 3626 services required under this Agreement and shall be responsible for ensuring its employees comply with this 3627 Agreement and all Applicable Laws related to their employment and position. Contractor's employees, 3628 officers, agents, and subcontractors shall not identify themselves or in any way represent themselves as 3629 being employees or officials of City. City may request the transfer of any employee of Contractor who 3630 materially violates any provision of this Agreement, or who is wanton, negligent, or discourteous in the 3631 performance of their duties under this Agreement.
3632 36.03 Agreement Manager. Contractor shall designate a qualified employee to serve as its 3633 Agreement Manager and must provide the name of that person in writing to City within thirty (30) days prior to the Commencement Date of this Agreement, and annually by January 1st 3634 of each subsequent Calendar 3635 Year of this Agreement, and any other time the person in that position changes. The Agreement Manager 3636 must be available to the City through the use of telecommunications equipment at all times that Contractor is 3637 providing Solid Waste Collection in the Service Area. The Contract Manager must provide City with an 3638 emergency phone number where the Contract Manager can be reached outside of normal business hours. 3639 36.04 Service Supervisor. Contractor shall assign a qualified employee to serve as its Service 3640 Supervisor, to be in charge of the Collection Service within the Service Area and must provide the name of 3641 that person in writing to the Agreement Administrator on or before the Commencement Date, and thereafter 3642 annually before January 1st of each subsequent Calendar Year of the Term, and any other time Contractor Agenda Item Number: 3
Agenda Item Number: 3
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3643 changes the employee serving in that position changes. The Service Supervisor must be physically located 3644 in the Service Area and available to the Agreement Administrator through the use of telecommunication 3645 equipment at all times that Contractor is providing Solid Waste Collection. In the event the Service Supervisor 3646 is unavailable due to illness or vacation, Contractor must designate a substitute acceptable to the City who 3647 shall be available and shall have the authority to act in the same capacity as the Service Supervisor. 3648 36.05 Key Operations Staff. Contractor shall identify Key Operations Staff, consisting at a 3649 minimum of: one (1) Operations Manager; one (1) Route Supervisor; one (1) Lead Mechanical Supervisor; 3650 and one (1) Service Recipient Service Supervisor 100% dedicated to the City. Each Key Operations Staff will 3651 provide the following to City Staff: email address, phone number, cell phone number, and office address. 3652 36.06 Sustainability/Compliance Staff. Contractor shall provide Sustainability/Compliance Staff, 3653 whose primary duties are dedicated to the City.
3654 36.07 Field Personnel. Contractor’s field operations personnel are required to wear a clean 3655 uniform shirt bearing Contractor’s name. Contractor’s employees who normally come into direct contact with 3656 the public, including drivers, must bear some means of individual photographic identification, such as a name 3657 tag or identification card. Each driver of a Collection vehicle must at all times carry a valid California driver's 3658 license and all other required licenses for the type of vehicle that is being operated. 3659 36.08 Labor Certifications. Contractor certifies: (i) it is aware of the provisions of Section 3700 of 3660 the California Labor Code that require every employer to be insured against liability for Workers' 3661 Compensation or to undertake self-insurance in accordance with the provisions of that Code; (ii) in the 3662 performance of the Services, Contractor shall not, in any manner, employ any person or contract with any 3663 person such that any part of this Agreement is performed by such a person as would be subject to the workers' 3664 compensation laws of the State of California unless and until Contractor gives City a certificate of consent to 3665 self-insure or a certificate of Workers' Compensation Insurance Coverage; and (iii) in the event Contractor 3666 hires any subcontractor who has employees to perform any part thereof, then Contractor shall either require 3667 the subcontractor to obtain Workers' Compensation Insurance Coverage, or must obtain Workers' 3668 Compensation Insurance Coverage for the subcontractor's employees. Before commencing performance 3669 under this Agreement, Contractor shall provide to the City evidence of any Workers' Compensation Insurance 3670 Coverage required by or for this Agreement, and all such coverage shall be endorsed with a waiver of 3671 subrogation in favor of City for all work performed by Contractor, its employees, its agents, and its 3672 subcontractors.
3673 36.09 Subcontractors. Contractor shall not subcontract any portion of this Agreement without the 3674 prior written approval of the City Manager. Contractor is fully responsible to City for the performance of any 3675 and all subcontractors, if any, and shall require any subcontractors to maintain all applicable federal, state, 3676 and local licenses required for the work they are assigned to perform. Contractor shall require any 3677 subcontractors performing work in the City to enter into a written contract that requires such subcontractors 3678 to agree they are independent contractors and have no other agency relationship with City.

Agenda Item Number: 3
Agenda Item Number: 3
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3679 Article 37. Exempt Waste
3680 37.01 Contractor is not required to Collect or Dispose of Exempt Waste but may offer such 3681 services. All such Collection and Disposal of Exempt Waste is not regulated under this Agreement, but if 3682 provided by Contractor must be in strict compliance with all Applicable Laws. 3683 Article 38. Independent Contractor
3684 38.01 In the performance of services pursuant to this Agreement, Contractor is an independent 3685 contractor and not an officer, agent, servant, or employee of City. Contractor will have exclusive control of 3686 the details of the services and work performed, and over all persons performing such services and work. 3687 Contractor is solely responsible for the acts and omissions of its officers, agents, employees, contractors, and 3688 subcontractors, if any. Neither Contractor nor its officers, employees, agents, contractors, or subcontractors 3689 will obtain any right to retirement benefits, Workers Compensation benefits, or any other benefits which 3690 accrued to City employees, and Contractor expressly waives any claim to such benefits. 3691 38.02 Subcontractors. Contractor will require all subcontractors performing work in the City to 3692 enter into a contract containing the provisions set forth in the preceding subsection, in which contract the 3693 subcontractor agrees that Contractor and subcontractor are independent contractors and have no other 3694 agency relationship with City.
3695 Article 39. Laws to Govern
3696 39.01 The laws of the State of California govern the rights, obligations, duties, and liabilities of 3697 City and Contractor under this Agreement, and governs the interpretation of this Agreement. 3698 Article 40. Assignment
3699 40.01 No assignment of this Agreement or any right occurring under this Agreement may be 3700 made in whole or in part by Contractor without the express prior written consent of the City. City will have full 3701 discretion to approve or deny, with or without cause, any proposed or actual assignment by the Contractor. 3702 Any assignment of this Agreement made by Contractor without the express written consent of the City will be 3703 null and void and will be grounds for City to declare a default of this Agreement and immediately terminate 3704 this Agreement by giving written notice to Contractor, and upon the date of such notice this Agreement will 3705 be deemed immediately terminated, and upon such termination all liability of City under this Agreement to 3706 Contractor will cease, and City will have the right to call the performance bond and will be free to negotiate 3707 with other contractors for the services that are the subject of this Agreement. In the event of any assignment 3708 approved by City, the assignee must fully assume all the liabilities of Contractor by way of an assignment and 3709 assumption agreement. The sale, assignment, transfer, or other disposition, on a cumulative basis, of 3710 twenty-five percent (25%) or more of the ownership interest in Contractor or twenty-five percent (25%) or 3711 more of the voting control of Contractor (whether Contractor is a corporation, limited liability company, 3712 partnership, joint venture or otherwise) shall constitute an assignment for purposes of this Agreement, 3713 requiring prior written consent of the City. Further, the involvement of Contractor or its assets in any 3714 transaction or series of transactions (by way of merger, sale, acquisition, financing, transfer, leveraged Agenda Item Number: 3
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3715 buyout, or otherwise), whether or not a formal assignment of this Agreement, which reduces Contractor’s 3716 assets or net worth by twenty-five percent (25%) or more, shall also constitute an assignment for purposes 3717 of this Agreement, also requiring prior written consent of the City. Upon notification to the City of any proposed 3718 assignment, Contractor shall provide to the City a payment of one hundred fifty thousand dollars ($150,000) 3719 for the City to perform its due diligence related to the requested assignment. 3720 40.02 The use of a subcontractor to perform services under this Agreement will not constitute 3721 delegation of Contractor’s duties if Contractor has received prior written authorization from the Agreement 3722 Administrator to subcontract such services and the Agreement Administrator has approved a subcontractor 3723 who will perform such services. Contractor will be responsible for directing the work of Contractor’s 3724 subcontractors, and any compensation due or payable to Contractor’s subcontractor will be the sole 3725 responsibility of Contractor. The Agreement Administrator will have the right to require the removal of any 3726 approved subcontractor for reasonable cause.
3727 Article 41. Compliance with Laws
3728 41.01 In the performance of this Contractor, Contractor must comply with all Applicable Laws, 3729 including, without limitation, the Sebastopol Municipal Code. 3730 41.02 City shall provide written notice to Contractor of any planned amendment of the Sebastopol 3731 Municipal Code that would substantially affect the performance of Contractor’s services pursuant to this 3732 Agreement. Such notice must be provided at least thirty (30) calendar days prior to the City Council’s approval 3733 of such an amendment.
3734 Article 42. Permits and Licenses
3735 42.01 Contractor shall obtain, at its own expense, all permits and licenses required by law or 3736 ordinance, and shall maintain same in full force and effect throughout the Term of this Agreement. Contractor 3737 must provide proof of such permits, licenses, or approvals and must demonstrate compliance with the terms 3738 and conditions of such permits, licenses, and approvals upon the request of the Agreement Administrator. 3739 42.02 The Contractor must procure and maintain a valid City Business License throughout the 3740 Term of the Agreement.
3741 Article 43. Ownership of Written Materials
3742 43.01 Contractor hereby grants City a non-exclusive license to all reports, documents, brochures, 3743 public education materials, and other similar written, printed, electronic, or photographic materials developed 3744 by Contractor at the request of City or as required under this Agreement and intended for public use, without 3745 limitation or restrictions on the use of such materials by City. Contractor may not use such materials that 3746 specifically reference City for other purposes without the prior written consent of the Agreement Administrator. 3747 This Article 43does not apply to ideas or concepts described in such materials and does not apply to the 3748 format of such materials.

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3749 Article 44. Waiver
3750 44.01 Waiver by City or Contractor of any breach for violation of any term, covenant, or condition 3751 of this Agreement will not be deemed to be a waiver of any other term, covenant, or condition or any 3752 subsequent breach for violation of the same or of any other term, covenant, or condition. The subsequent 3753 acceptance by City of any fee, tax, or any other monies which may become due from Contractor to City will 3754 not be deemed to be a waiver by City of any breach for violation of any term, covenant, or condition of this 3755 Agreement.
3756 Article 45. Prohibition Against Gifts
3757 45.01 Contractor represents that Contractor is familiar with City’s prohibition against the 3758 acceptance of any gift by a City officer or designated employee. Contractor may not offer any City officer or 3759 designated employee any gifts prohibited by the City. 3760 Article 46. Point of Contact
3761 46.01 The day-to-day dealings between Contractor and City will be between Contractor and the 3762 Agreement Administrator.
3763 Article 47. Notices
3764 47.01 Except as provided in this Agreement, whenever either party desires to give notice to the 3765 other, it must be given by written notice addressed to the party for whom it is intended, at the place last 3766 specified, and to the place for giving of notice in compliance with the provisions of this Section. For the 3767 present, the parties designate the following as the respective persons and places for giving of notice:
3768 As to the City:
3769 ________________
3770 ________________
3771 ________________
3772 As to the Contractor:
3773 ________________
3774 ________________
3775 ________________
3776 47.02 Notices given by personal delivery shall be effective immediately. Notices given by mail 3777 shall be deemed to have been delivered forty-eight (48) hours after having been deposited in the United Agenda Item Number: 3
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3778 States mail. Changes in the respective address to which such notice is to be directed may be made by written 3779 notice.
3780 47.03 Notice by City to Contractor of a Collection or other Service Recipient problem or complaint 3781 may be given to Contractor orally by telephone at Contractor’s local office with confirmation sent to Contractor 3782 through the Customer Service System by the end of the Workday. 3783 Article 48. Transition to Next Contractor
3784 48.01 In the event Contractor is not awarded an extension or new contract to continue to provide 3785 Solid Waste Collection following the expiration or early termination of this Agreement, Contractor will 3786 cooperate fully with City and any subsequent contractors to assure a smooth transition of services described 3787 in this Agreement. Such cooperation will include, but not be limited to, transfer of computer data, files, and 3788 tapes; providing routing information, route maps, vehicle fleet information, and list of Service Recipients; 3789 providing a complete inventory of all Collection Containers; providing adequate labor and equipment to 3790 complete performance of all Solid Waste Collection required under this Agreement; taking reasonable actions 3791 necessary to transfer ownership of carts and bins, as appropriate, to City, including transporting such 3792 Containers to a location designated by the Agreement Administrator; coordinating Collection of Materials set 3793 out in new Containers if new Containers are provided for a subsequent Agreements; and providing other 3794 reports and data required by this Agreement. Contractor shall also provide City with the number of employees 3795 who are performing services under the service contract and the wage rates, benefits, and job classifications 3796 of those employees, and otherwise comply with all requirements articulated under California Labor Code, 3797 Division 2, Part 3, Chapter 4.6, Section 1072(c)(1). 3798 Article 49. Entire Agreement
3799 49.01 This Agreement and the attached Exhibits constitute the entire Agreement and 3800 understanding between the parties, and the Agreement will not be considered modified, altered, changed, or 3801 amended in any respect unless in writing and signed by the parties. 3802 Article 50. Severability
3803 50.01 If any provision of this Agreement or the application of it to any person or situation is to any 3804 extent held invalid or unenforceable, the remainder of this Agreement and the application of such provisions 3805 to persons or situations other than those as to which it is held invalid or unenforceable, will not be affected, 3806 will continue in full force and effect, and will be enforced to the fullest extent permitted by law. 3807 Article 51. Right to Require Performance
3808 51.01 The failure of City at any time to require performance by Contractor of any provision of this 3809 Agreement will in no way affect the right of City thereafter to enforce same. Nor will waiver by City of any 3810 breach of any provision of this Agreement be taken or held to be a waiver of any succeeding breach of such 3811 provision or as a waiver of any provision itself.

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3812 Article 52. All Prior Agreements Superseded
3813 52.01 This Agreement incorporates and includes all prior negotiations, correspondence, 3814 conversations, agreements, and understandings applicable to the matters contained in this Agreement, and 3815 the parties agree that there are no commitments, agreements, or understandings concerning the subject 3816 matter of this Agreement that are not contained in this document. Accordingly, it is agreed that no deviation 3817 from the terms of this Agreement will be predicated upon any prior representations or agreements, whether 3818 oral or written.
3819 Article 53. Headings
3820 53.01 Headings in this document are for convenience of reference only and are not to be 3821 considered in any interpretation of this Agreement. 3822 Article 54. Exhibits
3823 54.01 Each Exhibit referred to in this Agreement forms an essential part of this Agreement. Each 3824 such Exhibit is a part of this Agreement, and each is incorporated by this reference. In the event of any 3825 conflicts between this Agreement and the Exhibits, then this Agreement shall take priority. 3826 Article 55. Commencement Date
3827 55.01 This Agreement will become effective when it is properly executed by City and Contractor, 3828 and Contractor will commence Solid Waste Collection under this Agreement as of July 1, 2025. 3829
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3830 IN WITNESS WHEREOF, City and Contractor have executed this Agreement on the respective 3831 date(s) below each signature.
3832 CITY OF SEBASTOPOL CONTRACTOR
3833 A General Law City
3834 By: ________________________ By: ________________________ 3835
3836
3837 Title: _______________________ By: _____________________________ 3838 President
3839
3840 ATTEST: ____________________ By: __________________________ 3841 City Clerk
3842 APPROVED AS TO FORM
3843 City Attorney _____________________________
3844 Secretary
3845 By: _________________________
3846
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3847 Exhibit 1
3848 Maximum Service Rates
3849
3850
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3851 Exhibit 2
3852 List of City Facilities and Service Levels
3853 Contractor shall provide Containers for and Collection of Garbage, Recyclable Materials, and Organic 3854 Waste for all City facilities identified below in this exhibit. 3855
3856 Contractor shall also provide Collection of Garbage, Recyclable Materials, and/or Organic Waste 3857 contained in City-owned Containers located throughout the City, including City cans in downtown areas 3858 and bus stops. Servicing of all City facilities and Containers shall be provided at no additional charge to 3859 the City.
3860
Building Address
MSW
Containers
Recycling
Containers
Organics
Containers
Qty Type Qty Type Qty Type
Corporation Yard 714 Johnson St 1 4Y bin 3 96G cart
City Hall 7120 Bodega Ave 3 96G cart 2 96G cart 1 96G cart Fire Station 7425 Bodega Ave 1 2Y bin 2 96G cart
Police Station 370 Johnson St 4 96G cart 5 96G cart
Senior Center 167 High St
1 1.5Y bin 1 96G cart
1 2Y bin
Ives Park / Pool 7400 Willow St 2 2Y bin 5 96G cart 1 96G cart Libby Park 7985 Valentine Av 1 2Y bin 2 96G cart 1 96G cart Sebastopol Community Center 390 Morris St 1 4Y bin 1 3Y bin 1 2Y bin Luther Burbank Farm 7781 Bodega Ave 1 1.5Y bin
Sebastopol Regional Library 7140 Bodega Ave
West County Museum 261 S Main St 1 32G cart 1 96G cart 1 96G cart City Corp Yard Debris Boxes 1 20Y MSW 1 40Y Cardboard 1 20Y Brush 1 20Y Concrete 1 30Y Brush
3861
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3862 Exhibit 3
3863 Collection Container Specifications
Cart Specifications.

All new or replacement Carts must be manufactured with a minimum twenty percent (20%) post-consumer recycled material content and come with a ten (10) year warranty against defects.

Carts must be constructed with material that resists deterioration from ultraviolet radiation and be incapable of penetration by household pets or small wildlife when lids are fully closed.

Contractor must provide Carts having an approximate volume of 20, 32, 64, and 96 gallons. Actual cart volume may vary by +/- 10% depending on manufacturer.

Carts must include wheels and handles that accommodate ease of movement by ablebodied persons, have heavy duty wheels, have attached hinged lids, and be designed to be resistant to inadvertent tipping due to high winds.

Carts must include lids that continuously overlap the Cart body so as to prevent the intrusion of rainwater and minimize odors. The lids should be of a design and weight so as to prevent the Cart body from tilting backward when flipping the lid open.

Carts must be capable of being lifted into the Collection Vehicle without damage or distortion under normal usage.

Carts must be hot-stamped, embossed, or labeled/decaled with the company name, a unique identification number (i.e., a serial number for carts), weight limit, images of the type of materials to be Collected, and a QR code that links to the Recycling education landing page within the Contractor’s City-specific website for the City. All Carts shall also contain instructions for proper usage. If any of the above is accomplished via labels or decals, such labels or decals must be maintained and/or replaced as necessary throughout the Term to maintain a near new appearance. Decals/labels showing types of materials Collected in each Cart must be replaced annually.

Cart and lids must meet all applicable colors and labeling specifications as set forth by CalRecycle (i.e., blue = Recyclable Materials, black/gray = Garbage, green = yard waste/mixed Organic Waste, yellow = Food Waste or other color standards as determined by CalRecycle prior to the start of this Agreement).

Agenda Item Number: 3
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Bin Specifications.

Bins must be constructed of heavy metal or heavy plastic and must be watertight, well painted, in good condition, and without rust or dents.

Wheels, forklift slots, and other appurtenances which are designed for movement, loading, or unloading of the Container, must be maintained in good repair.

Contractor must provide Bins having an approximate volume of 1, 2, 3, and 4 cubic yards.

Bins must have the name and phone number of Contractor on the exterior so as to be visible when the Bin is placed for use.

Each Bin must be labeled with a listing of materials that may and may not be placed in a particular Bin type, as well as a QR code that links to the Recycling education landing page within the Contractor’s City-specific website for the City, and each Bin must include a conspicuous warning: “Not to be used for the disposal of hazardous, electronic, or universal waste.” Bins must be labeled in English and Spanish.

Bid lids must be constructed of metal or heavy plastic, so as to minimize the intrusion of rainwater and minimize odors. Locking bins will be provided upon request at the Maximum Service Rate set forth in Exhibit 1.

Bins must be capable of being lifted into the Collection Vehicle without damage under normal usage.

Bins must meet all applicable colors and labeling specifications as set forth by CalRecycle (i.e., blue = Recyclable Materials, black/gray = Garbage, green = yard waste/mixed Organic Waste, yellow = Food Waste or other color standards as determined by CalRecycle prior to the start of this Agreement).

Roll-off Container Specifications.

Roll-off Container specifications shall be the same as Bin specifications. Roll-off Containers shall be provided in sizes 10, 20, 30, and 40 cubic yards. Compactors shall be available in sizes 10, 20, 35, and 40 cubic yards. Contractor is obligated to provide covers for Roll-Off Containers upon Customer request.

Kitchen Food Waste Pails
Contractor is responsible for the purchase and distribution of fully assembled and functional Kitchen Food Waste Pails to SFD and MFD Dwelling Units in the Service Area in alignment with Sections 10.04 and 11.04. Contractor will also make Kitchen Food Waste Pails available at one or more annual Contractor-hosted events, such as a paper-shredding event or a HHW drop-off event, to make it easier for MFD Dwelling Units to learn about and acquire the pails.

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Upon written approval from the City, Contractor may also offer alternatives to Kitchen Food Waste Pails, such as kitchen food waste dehydrators.

Containers End of Life
Collection Containers must be recycled at the end of their useful life.

Containers Purchase
Contractor shall report all new Carts and Bins purchased pursuant to this Agreement to its address within the City and shall report all purchases of Carts and Bins under this Agreement as attributable to the City for sales tax purposes.

SB 1383 Requirements and Timeline
All Collection Containers in circulation shall meet the requirements of SB 1383 by the mandated deadline of January 1, 2036.
3864
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3865 Exhibit 4
3866 Transition Plan
3867 PLACEHOLDER ONLY – ACTUAL EXHIBIT TO BE DEVELOPED BASED ON 3868 AWARDED PROPOSAL.
3869
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Agenda Item Number: 3
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3870 Exhibit 5
3871 Administrative Charges and Penalties
3872 All dollar figures stated below shall increase annually by the CPI Adjustment Calculation in Section 6.05. 3873
Item
Amount if Not Cured
in 30 Days (unless
otherwise specified)
If Cured
a. Failure to respond to each complaint within three (3) Workdays of receipt of complaint. $200 per incident per Service Recipient. b. Failure to maintain call center hours as required by this Agreement. $500 per day. -0- if cured in 5 days
c. Failure to submit to City all reports by the deadlines required under the provisions of this Agreement. $200 per day. -0- if cured in 10 days d. Failure to include all parts of quarterly and annual reports specified in Sections 22.04 and 22.05 in the submitted
reports.
$200 per day if not
cured in 10 days.
-0- if cured in
10 days
e. Failure to provide data, information, or documentation required by this Agreement within the timeframe
stipulated herein.
$100 per day. -0- if cured in
5 days
f. Failure to respond to respond to any City request for data or information, as referenced in Section 5.15, within five (5) Business Days of receipt of the request.
$100 per day. -0- if cured in
5 days
g. Failure to submit to City all payments by the deadlines required under the provisions of this Agreement.
1% of the total amount due if fees are 1
– 10 days late; and 10% of the total
amount due if fees are more than 10
days late.
h. Failure for Collection Cart to be compliant with
specifications of Exhibit 3 or Section 18.09.
$50 each Collection
Cart not compliant.
-0- if cured in
30 days
i. Failure for Collection Bin to be compliant with
specifications of Exhibit 3 or Section 18.09
$100 each Collection
Bin not compliant, if not
cured in 5 days
-0- if cured in
30 days
j. Failure for Collection Container to be compliant with SB 1383 labeling requirements or the labeling requirements outlined in Section 20.10 of this Agreement.
$100 each Collection
Container not
compliant.
-0- if cured in
30 days
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Agenda Item Number: 3
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DRAFT 5/28/2024 Page 115 of 139
Item
Amount if Not Cured
in 30 Days (unless
otherwise specified)
If Cured
k. Failure to comply with State and Federal vehicle weight limitations, as required in Section 18.05.
$200 per incident after
twenty-five (25) such
incidents per quarter.

Cannot be
cured
l. Failure to display Contractor’s name and customer
service phone number on Collection Vehicles, or to
otherwise be out of compliance with Section 18.08.
$100 per incident per
day.
-0- if cured in
30 days
m. Failure to Collect a missed Collection Container by close of the next Workday upon notice to Contractor, that
exceeds twenty (20) incidents within the Service Area
within any Calendar Year.
$1,000 per Calendar year, plus $10 per
incident per day.
n. Failure to repair (including removal of graffiti) or replace damaged Containers and/or Containers that are not in
good working order within the time required by this
Agreement, that exceeds twenty (20) incidents in any
Calendar year.
$1,000 per Calendar year, plus $10 per
incident per day.
o. Accumulation of more than forty (40) complaints per
Quarter regarding carts left in untidy conditions (e.g., carts not left standing upright, cart lids not closed, carts left in wrong locations)
$1,000 per Quarter, plus $10 per
complaint beyond the first 40 complaints
p. Failure to maintain Collection hours as required by this Agreement. $500 per day.
-0- if not
cured in 5
days
q. Failure to have Contractor personnel in Contractorprovided uniforms. $25 per day per employee.
-0- if not
cured in 30
days
r. Failure of Contractor to follow Recyclable Materials and Organic Waste Contamination and Overage procedures
as set forth under Section 5.07 and 5.10.
$500 per day for failure
to implement correction
plan.

Submit for
approval to
City and
implement
plan of
correction to
City within 30
days.
s. Vehicle fluid leak incidents from Contractor Collection Vehicles, in excess of three (3) during a calendar year. $5000 per incident in excess of three (3) Agenda Item Number: 3
Agenda Item Number: 3
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DRAFT 5/28/2024 Page 116 of 139
Item
Amount if Not Cured
in 30 Days (unless
otherwise specified)
If Cured
t. Failure of Contractor to clean up spillage or litter caused by Contractor within ninety (90) minutes upon notice from the City, in excess of five (5) incidents during a calendar year.
$100 per incident.
u. Failure of Contractor to provide proof of performance bond as required by this Agreement Agreement Default $500 per day v. Failure of Contractor to provide proof of insurance as required by this Agreement Agreement Default $500 per day w. Failure to provide City with documentation verifying Diversion, as outlined in Section 8.02, was achieved.
$10,000 per Quarter.

Submit for
approval to
City and
implement
plan of
correction
within 30
days.
x. Failure to Collect holiday trees on Collection Days. $100 per day.
-0- if not
cured in 7
days
y. Failure to commence service to a new Service Recipient within seven (7) days after order. $150 per day.
-0- if not
cured in 7
days
z. Failure to initially respond to a Service Recipient
complaint within one (1) Business Day.
$50 per failure to
resolve Customer
compliant or request.
-0- if not
cured in 7
days
aa. Replacement fee when requesting a new set of keys to access City Service Unit sites.
$500 per set of keys replaced, in
addition to the cost of replacing the
keys.
bb. Failure to pick up abandoned waste within twenty-four (24) hours upon request from the City. $500 per day per incident
-0- if not
cured in 3
days
cc. Failure to drop off a Container requested by the City in the timeframe requested, provided the City gives at least four (4) days advance notice.
$100 per day.
-0- if not
cured in 3
days
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Agenda Item Number: 3
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DRAFT 5/28/2024 Page 117 of 139
Item
Amount if Not Cured
in 30 Days (unless
otherwise specified)
If Cured
dd. Failure to comply with any other provision in this
Agreement $200 per incident
-0- if not
cured in 30
days
3874
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Agenda Item Number: 3
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3875 Exhibit 6
3876 Customer Service Plan
3877 PLACEHOLDER EXAMPLE ONLY – ACTUAL EXHIBIT TO BE DEVELOPED BASED 3878 ON AWARDED PROPOSAL.
3879 1. Overview
3880 2. Service Recipient Billing
3881 3. Technology Network
3882 4. Staffing Levels
3883 5. Payment Programs
3884
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Agenda Item Number: 3
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3885 Exhibit 7
3886 Collection Service Operations Plan
3887 PLACEHOLDER EXAMPLE ONLY – ACTUAL EXHIBIT TO BE DEVELOPED BASED 3888 ON AWARDED PROPOSAL.
3889
3890 _____________’s continued growth and extensive experience in Collection programs and Diversion 3891 have situated the company in a position to ensure that necessary resources will be available during the 3892 transition period and contract term.
3893
3894 1. Vehicles
3895
3896 New Collection vehicles are on order to service the City in preparation for a contract award. 3897 _____________ will utilize uniquely numbered, new model year _____ vehicles with a useful life 3898 expectancy of fifteen (15) years. This will include:
3899
3900
3901
3902
3903
3904
3905
3906
3907
3908
3909 a) Automated Collection Vehicles
3910
3911 b) Commercial Collection Vehicles
3912
3913 c) Other Vehicles
3914
3915 d) Specialized Equipment
3916
3917 e) Vehicle Specifications
3918
3919 The requested vehicle specifications are identified below. 3920
Fuel
Type Size # of Axles GVWR Capacity # of Collection Compartments Side Loader
Side Loader
Front Loader
Scout Truck
Flat Bed
3921
3922
3923 f) Reduction of Air Emissions and Wear & Tear on City Streets 3924
3925 g) Vehicle Technology
3926
3927 h) Vehicle Appearance
3928
3929 i) Vehicle Maintenance Program
3930
Quantity Type Model Year Useful Life
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3931 j) Vehicle Maintenance Schedule
3932
3933 2. Containers
3934
3935 a. Past Experience
3936
3937 b. Sufficiency of Capacity
3938
Container Dimensions
Container Height Width Depth
32 Gallon Cart
64 Gallon Cart
96 Gallon Cart
1 Cubic Yard Bin
1½ Cubic Yard Bin
2 Cubic Yard Bin
3 Cubic Yard Bin
4 Cubic Yard Bin
6 Cubic Yard Bin
3939
3940 c. Bin Enclosures and Limited Space
3941
3942 d. Container Appearance
3943
3944 1) Container Durability
3945
3946 2) Automated Carts
3947
3948 3) Commercial Bins
3949
3950 e. Container Maintenance Program
3951
3952 3. Route Operations
3953
3954 a) Advantages to Collection Vehicles Chosen
3955
3956 b) Driver Responsibilities
3957
3958 c) Anticipated Driver Productivity
3959
Route Operations # of
Crew
# of
Trucks
# of
Routes
Total
Route
Hours
On
Route
Hours
Total # of
Containers
Collected
# of
Containers
Collected /
Hour
# of
Vehicle
Passes
per
Customer
per week
Residential
Garbage
Residential
Recyclable
Materials
Residential Organic
Waste
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Route Operations # of
Crew
# of
Trucks
# of
Routes
Total
Route
Hours
On
Route
Hours
Total # of
Containers
Collected
# of
Containers
Collected /
Hour
# of
Vehicle
Passes
per
Customer
per week
Commercial
Garbage
Commercial
Recyclable
Materials
Commercial
Organic Waste
Bulky Collection
Barrel / Bin
Delivery
Scout Bin Route
3960
3961 d) Operational Communications
3962
3963 e) Driver Contamination Monitoring
3964
3965 f) Annual Service Level and Billing Audit Approach 3966
3967 1) Audit Plan
3968
3969 2) Route Maps
3970
3971 3) Route Audit Team
3972
3973 4) Route Audit Team Training
3974
3975 5) Conducting the Audit
3976
3977 4. Safety
3978
3979 a) Staffing Safety Requirements
3980
3981 1) Training
3982
3983 2) Personal Protective Equipment
3984
3985 5. Reporting
3986
3987 a) Detailed monitoring and reporting
3988
3989 b) Method Used to Track Tonnage
3990
3991 c) Process for Reporting Complaints
3992
3993 6. Scavenging
Agenda Item Number: 3
Agenda Item Number: 3
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3994 Exhibit 8
3995 Processing and Disposal Facilities
3996 PLACEHOLDER EXAMPLE ONLY – ACTUAL EXHIBIT TO BE DEVELOPED BASED 3997 ON AWARDED PROPOSAL.
3998 For the purposes of this Draft Agreement, it is assumed that all Garbage and Organic Waste processing 3999 and disposal facilities are those currently used by the City as per the terms of Waste Delivery Agreement 4000 by and between City of Sebastopol and Republic Services of Sonoma County, Inc., and the Joint Exercise 4001 of Powers Agreement for the Sonoma County Waste Management Agency. Refer to the Request for 4002 Proposals for specifics of those agreements.
4003 There are no post-collection agreements in place that require the use of specific Recyclable Materials 4004 processing and disposal facilities.
4005
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4006 Exhibit 9
4007 Sustainability and Compliance Plan
4008 PLACEHOLDER EXAMPLE ONLY – ACTUAL EXHIBIT TO BE DEVELOPED BASED 4009 ON AWARDED PROPOSAL.
4010
4011 1. The Approach to Programs and Facility Requirements 4012
4013 a) Proposed Operating Procedures
4014
4015 b) State Guidelines
4016
4017 c) Think Local
4018
4019 d) Partnership; Standards Development and Education 4020
4021 2. Meeting Diversion Requirements
4022
4023 3. Diversion Programs
4024
Diversion Programs Single
Family
MultiFamily Commercial City
Service
Legislative Compliance
SB 1383 Education, Outreach, and Training
Variable Size Container
Collection
Source Separated Recyclables
Special Event Service
Source Separated Organic Waste
Service Level Selection
Bulky Item Collection
Container Contamination Minimization
Holiday Tree Collection
Debris Box Collection
Construction & Demolition Processing
Compost Delivery and Give Away
Onsite Waste Consultation
Source Separated Green Waste
Source Separated Food Waste
Edible Food Recovery Assistance
Sharps Program
Clean-Up Days
Paper Shred-Events
Home Composting Units
Electronic Waste, Textile, Carpet, & Mattress Events
City Sponsored Events
Litter Abatement
Code Enforcement Clean-Up
Illegal Dumping Clean-Up
City Park Service
Additional Programs as Required
4025
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DRAFT 5/28/2024 Page 124 of 139
4026 4. Diversion Facilities
4027
4028 5. Program Schedule
4029
Sector Milestone 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 Residential
&
Multi-Family
Education &
Outreach
Route Reviews
Container Size
Adjustments
Record
Keeping
Enforcement
Support
Diversion
Programs
Commercial
(includes
mixed-use
service
recipients)
Education &
Outreach
Route Reviews
Container Size
Adjustments
Commercial
Business
Requirements
Education
Edible Food
Recovery
Assistance &
Education
Enforcement
Support
Record
Keeping
Diversion
Programs
City
Service
Reporting
Procurement
Community
Meetings
School
Education &
Outreach
Programs
Community
Event
Participation
Complaint
Investigations
Additional
Services
Program
Evaluation &
Adjustment
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DRAFT 5/28/2024 Page 125 of 139
Sector Milestone 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 Diversion Rate
Goal
4030
4031 6. Estimated Tonnages
4032
4033
Sector Material 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 Residential Recyclables
Organic
Waste
Multi Family Recyclables
Organic
Waste
Commercial
(includes
mixed-use
service
recipients)
Recyclables
Organic
Waste
Additional
Services
Recyclables
Organic
Waste
Diversion %
4034
4035 7. Contamination Minimization
4036
4037 a) Compliance Review
4038
4039 b) Contamination Monitoring Plan
4040
4041 c) Route Reviews
4042
4043 d) Waste Evaluations
4044
4045 e) Contamination Noticing and Adequate Service Levels 4046
4047 f) Route Reviews & Waste Evaluations
4048
4049 g) Route Review Efficiency
4050
4051 8. Air Emission Reduction
4052
4053 9. Reducing Wear and Tear on City Streets
4054
4055 10. Environmental Stewardship
4056
4057 a) Water and Power Conservation
4058
4059 b) Waste Reduction and Reuse
4060
4061 c) Procurement
4062
4063 d) Other
4064
4065
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DRAFT 5/28/2024 Page 126 of 139
4066 11. Use of Local Vendors
4067
4068 12. Innovative “Green Approach”
4069
4070 a) Electric Collection Vehicle Technology
4071
4072 b) Innovative Facilities
4073
4074 c) Strategic Partnerships
4075
4076 d) Supplier Partnerships
4077
4078 13. Procurement
4079
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4080 Exhibit 10
4081 Education and Outreach Plan
4082 PLACEHOLDER EXAMPLE ONLY – ACTUAL EXHIBIT TO BE DEVELOPED BASED 4083 ON AWARDED PROPOSAL.
4084
4085 1. Prior to Service Start Activities
4086
4087 2. Implementation Programs
4088 a) Schedule of Materials
4089
4090 b) Service Brochures
4091
4092 c) Community Meetings
4093
4094 d) Written Notices and Outreach Material
4095
4096 e) City, School, Facilities, and Business Community Programs 4097
4098 f) City Staff Training
4099
4100 g) Engaging residents of MFDs
4101
4102 h) Engaging Spanish-speaking residents
4103
4104 3. Methods to Reduce Contamination
4105
4106 4. Benefits of Participation
4107
4108
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024